REAL ID Act of 2005 - Title I: Amendments to Federal Laws to Protect Against Terrorist Entry - (Sec. 101) Amends Immigration and Nationality Act (INA) provisions concerning asylum to: (1) authorize the Secretary of Homeland Security, in addition to the Attorney General, to grant asylum (retroactive to March 1, 2003); (2) require asylum applicants to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) the central reason for their persecution; and (3) provide that an applicant's testimony may be sufficient to sustain this burden of proof only if the trier of fact determines that it is credible, persuasive, and fact-specific. Requires corroborating evidence where requested by the trier of fact unless the applicant does not have the evidence and cannot reasonably obtain it without departing the United States. States that the inability to obtain corroborating evidence does not excuse the applicant from meeting his or her burden of proof.
Lists factors relevant to credibility determinations in asylum cases, including (but not limited to) the: (1) demeanor, candor, or responsiveness of the applicant or witness; (2) inherent plausibility of the applicant's or witness' account; (3) consistency between the applicant's or witness' written and oral statements; (4) internal consistency of each such statement; (5) consistency of such statements with other evidence of record (including the Department of State's reports on country conditions); and (6) any inaccuracies or falsehoods in such statements regardless of whether they go to the heart of the applicant's claim. States that there is no presumption of credibility.
Makes this Act's provisions regarding proof requirements and credibility determinations in asylum proceedings applicable to other requests from relief for removal.
Limits judicial review of determinations regarding the availability of corroborating evidence.
Removes the numerical limit on the number of aliens granted asylum who may become lawful permanent residents in any fiscal year (currently set at 10,000).
Repeals provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) requiring a study and report on terrorists in the asylum system.
(Sec. 102) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to authorize the Secretary of Homeland Security (the Secretary), in the Secretary's sole discretion, to waive all laws as necessary to ensure expeditious construction of certain barriers and roads at the U.S. border. Prohibits courts, administrative agencies, and other entities from reviewing the Secretary's decision or from ordering relief for damages alleged to have resulted from such decision.
(Sec. 103) Expands the grounds of inadmissibility and deportability due to terrorist or terrorist-related activity to include aliens who: (1) are representatives of terrorist organizations or political, social, or other groups that endorse or espouse terrorist activity; (2) are members of designated terrorist organizations; (3) are members of organizations that engage in specified acts of terrorism; (4) endorse or espouse terrorist activity or persuade others to do so; or (5) have received military-type training from or on behalf of any organization that at the time was a terrorist organization.
Modifies the provision defining "engage in terrorist activity" to eliminate the possibility of discretionary waivers of inadmissibility for material support of organizations or individuals that have engaged in terrorist activity.
Expands the definition of "terrorist organization" to incorporate a broader range of underlying activities.
Makes this section applicable to removal proceedings instituted, and grounds of inadmissibility occurring, before, on, or after the enactment of this Act.
(Sec. 104) Expands the grounds of deportability due to terrorist activity to include aliens who would be inadmissible on terrorism-related grounds.
Makes this section applicable to: (1) removal proceedings instituted before, on, or after the date of enactment of this Act; and (2) grounds of inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.
Repeals overlapping deportation provisions of the IRTPA.
(Sec. 105) Bars inadmissible arriving aliens from seeking judicial review of removal orders through habeas corpus, mandamus, or other extraordinary petitions.
Imposes a similar bar on denials of discretionary relief and orders against criminal aliens, with an exception for petitions for review concerning constitutional claims or pure questions of law.
Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment.
Requires petitions for review filed under pre-IIRIRA law to be treated as if filed under INA as amended by this section. States that such petitions shall be the sole and exclusive means for judicial review of orders of deportation or exclusion.
(Sec. 106) Sets forth requirements for delivery bonds (guaranteeing delivery of an alien against whom the Department of Homeland Security (DHS) has issued an order to show cause or a notice to appear) and bonding agents. Requires such bonds to expire one year from the date of issue, at cancellation or upon surrender of the principal, or immediately upon nonpayment of the renewal premium. Authorizes annual renewal.
Requires cancellation of delivery bonds and exoneration of the surety: (1) for nonrenewal after the principal's surrender for removal; (2) if the surety or bonding agent provides reasonable evidence of misrepresentation or fraud in the bond application; (3) upon the death or incarceration of the principal or the surety's inability to produce the principal for medical reasons; (4) if the principal is detained by a law enforcement agency; (5) if it can be established that the principal departed the United States without permission; (6) if the foreign state of which the principal is a national is designated under temporary protected status provisions after posting of the bond; or (7) if the principal is surrendered to DHS, upon removal by the surety or bonding agent.
Authorizes the surrender of the principal to DHS for removal at any time, before bond conditions are breached, if the surety or bonding agent believes that the principal has become a flight risk.
States that a principal may be surrendered without the return of any bond premium if the principal: (1) changes address without providing advance written notice to the surety, bonding agent, and Secretary; (2) hides or is concealed from the surety, bonding agent, or Secretary; (3) fails to report to the Secretary annually; or (4) violates the contract with the bonding agent or surety, commits any act that may lead to a breach of the bond, or otherwise violates bond obligations or conditions.
Gives bonding agents or sureties desiring to surrender the principal the right to: (1) petition the Secretary or any Federal court, without payment of fees or court costs, for an arrest warrant; (2) receive two certified copies of such warrant and the bond undertaking; and (3) pursue, apprehend, detain, and surrender the principal to any DHS detention official or facility or to any detention facility authorized to hold Federal detainees.
Requires all delivery bonds to be secured by a corporate surety that is certified as an acceptable surety on Federal bonds and whose name appears on Treasury Department Circular 570 and to set forth specified information. Requires information about warrants for a principal's arrest to be entered into the National Crime Information Center database. Gives bonding agents or sureties complete access to information about the principal held by Federal, State, or local governments (or any related subsidiary or police agency) that the Secretary determines may be helpful in locating or surrendering the principal. Establishes graduated penalties for bonding agents and sureties who fail to surrender a principal within 15 months of the issuance of an arrest warrant, subject to waiver.
Gives bonding agents or sureties the absolute right to locate, apprehend, arrest, detain, and surrender any principal, wherever he or she may be found, who violates any bond term or condition. Limits total liability on any surety undertaking to the face amount of the bond.
Makes this section applicable to bonds and surety undertakings executed before, on or after the date of enactment of this Act.
(Sec. 107) Requires aliens arrested and detained pending a removal decision to post a delivery bond of at least $10,000 (currently, $1,500) in order to be released from custody, unless an immigration judge orders such alien's release on his or her own recognizance upon a finding that the alien is not a flight risk and is not a threat to the United States.
(Sec. 108) Requires the Secretary to take into custody any alien subject to a final order of removal and to cancel bond if the alien is produced within the prescribed time limit whether or not DHS accepts custody. States that the obligor on the bond shall be deemed to have substantially performed all conditions and shall be released from liability if the alien is produced within such time limit.
Makes this section applicable to all immigration bonds posted before, on, or after the date of enactment of this Act.
Title II: Improved Security for Driver's Licenses and Personal Identification Cards - (Sec. 202) Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements, including the incorporation of specified data, a common machine-readable technology, and certain anti-fraud security features.
Sets forth minimum issuance standards for such documents that require: (1) verification of presented information; (2) evidence that the applicant is lawfully present in the United States; and (3) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite).
(Sec. 203) Requires States, as a condition of receiving grant funds or other financial assistance under this title, to participate in the interstate compact regarding the sharing of driver's license data (the Driver License Agreement).
(Sec. 204) Amends the Federal criminal code to prohibit trafficking in actual as well as false authentication features for use in false identification documents, document-making implements, or means of identification.
Requires the Secretary to enter into the appropriate aviation security screening database information regarding persons convicted of using false driver's licenses at airports.
(Sec. 205) Authorizes the Secretary to make grants to assist States in conforming to the minimum standards set forth in this title.
(Sec. 206) Gives the Secretary all authority to issue regulations, set standards, and issue grants under this title. Gives the Secretary of Transportation all authority to certify compliance with such standards.
Authorizes the Secretary to grant States an extension of time to meet the minimum document requirements and issuance standards of this title, with adequate justification.
(Sec. 207) Repeals overlapping document provisions of the IRTPA.
(Sec. 208) States that nothing in this title shall be construed to affect the authorities and responsibilities of the Secretary of Transportation or the States under existing laws governing the establishment of a National Driver Register.
Title III: Border Infrastructure and Technology Integration - (Sec. 301) Directs the Under Secretary of Homeland Security for Border and Transportation Security to study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each Customs and Border Protection field office that has responsibility for U.S. borders with Canada and Mexico.
(Sec. 302) Directs the Under Secretary of Homeland Security for Science and Technology to develop and report to specified congressional committees on a pilot program to utilize, or increase the utilization of, ground surveillance technologies to enhance U.S. border security. Requires technologies to include video camera, sensor, and motion detection technologies.
(Sec. 303) Requires the Secretary, acting through the Under Secretary for Border and Transportation Security, to develop and implement a plan to: (1) improve communications systems of Federal agencies to facilitate integrated communications among such agencies, State and local government agencies, and Indian tribes on border security matters; and (2) enhance related information sharing among such entities.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 418 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 418
To establish and rapidly implement regulations for State driver's
license and identification document security standards, to prevent
terrorists from abusing the asylum laws of the United States, to unify
terrorism-related grounds for inadmissibility and removal, and to
ensure expeditious construction of the San Diego border fence.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 2005
Mr. Sensenbrenner (for himself, Mr. Tom Davis of Virginia, Mr. Dreier,
Mr. Hunter, Mr. Hyde, Mr. Hoekstra, Mr. Cox, Mr. Hostettler, Mr. Smith
of Texas, Mr. Coble, Mr. Chabot, Mr. Akin, Mr. Alexander, Mr. Bachus,
Mr. Baker, Mr. Barton of Texas, Mr. Bass, Mr. Bilirakis, Mrs.
Blackburn, Mr. Blunt, Mrs. Bono, Mr. Boozman, Mr. Bradley of New
Hampshire, Mr. Brady of Texas, Ms. Ginny Brown-Waite of Florida, Mr.
Burgess, Mr. Burton of Indiana, Mr. Buyer, Mr. Calvert, Mr. Camp, Mr.
Cantor, Mrs. Capito, Mr. Carter, Mr. Chocola, Mr. Crenshaw, Mrs. Cubin,
Mr. Culberson, Mr. Cunningham, Mr. Davis of Kentucky, Mrs. Jo Ann Davis
of Virginia, Mr. Davis of Tennessee, Mr. Deal of Georgia, Mr.
Doolittle, Mr. Duncan, Mrs. Emerson, Mr. Everett, Mr. Feeney, Mr.
Foley, Mr. Forbes, Mr. Fossella, Ms. Foxx, Mr. Gallegly, Mr. Garrett of
New Jersey, Mr. Gillmor, Mr. Gingrey, Mr. Gohmert, Mr. Goode, Mr.
Goodlatte, Mr. Green of Wisconsin, Mr. Gutknecht, Ms. Hart, Mr.
Hayworth, Mr. Hensarling, Mr. Herger, Mr. Issa, Mr. Istook, Mr. Sam
Johnson of Texas, Mr. Jones of North Carolina, Mr. Keller, Mr. Kennedy
of Minnesota, Mr. King of Iowa, Mr. Kingston, Mr. Kline, Mr. Lewis of
California, Mr. Lewis of Kentucky, Mr. Linder, Mr. Daniel E. Lungren of
California, Mr. McCaul of Texas, Mr. McCrery, Mr. McHugh, Mr. McKeon,
Mr. Manzullo, Mr. Miller of Florida, Mr. Gary G. Miller of California,
Mrs. Musgrave, Mrs. Myrick, Mr. Neugebauer, Mrs. Northup, Mr. Norwood,
Mr. Nunes, Mr. Osborne, Mr. Otter, Mr. Pitts, Mr. Radanovich, Mr.
Ramstad, Mr. Rogers of Alabama, Mr. Rogers of Michigan, Mr.
Rohrabacher, Mr. Royce, Mr. Ryan of Wisconsin, Mr. Sessions, Mr.
Shadegg, Mr. Shaw, Mr. Shuster, Mr. Simpson, Mr. Souder, Mr. Stearns,
Mr. Sullivan, Mr. Sweeney, Mr. Tancredo, Mr. Turner, Mr. Thomas, Mr.
Wamp, Mr. Weldon of Florida, Mr. Wilson of South Carolina, and Mrs.
Drake) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Select Committee on
Homeland Security and Government Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish and rapidly implement regulations for State driver's
license and identification document security standards, to prevent
terrorists from abusing the asylum laws of the United States, to unify
terrorism-related grounds for inadmissibility and removal, and to
ensure expeditious construction of the San Diego border fence.
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 ``REAL ID Act of 2005''.
TITLE I--AMENDMENTS TO FEDERAL LAWS TO PROTECT AGAINST TERRORIST ENTRY
SEC. 101. PREVENTING TERRORISTS FROM OBTAINING ASYLUM.
(a) Conditions for Granting Asylum.--Section 208(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is amended--
(1) by striking ``The Attorney General'' following the
paragraph heading and inserting the following:
``(A) Eligibility.--The Secretary of Homeland
Security or the Attorney General'';
(2) by striking ``the Attorney General'' each place such
term appears and inserting ``the Secretary of Homeland Security
or the Attorney General''; and
(3) by adding at the end the following:
``(B) Burden of proof.--
``(i) In general.--The burden of proof is
on the applicant to establish that the
applicant is a refugee, within the meaning of
section 101(a)(42)(A). To establish that the
applicant is a refugee, within the meaning of
such section, the applicant must establish that
race, religion, nationality, membership in a
particular social group, or political opinion
was or will be a central reason for persecuting
the applicant.
``(ii) Sustaining burden.--The testimony of
the applicant may be sufficient to sustain the
applicant's burden without corroboration, but
only if the trier of fact determines that it is
credible, is persuasive, and refers to specific
facts that demonstrate that the applicant is a
refugee. In determining whether the applicant
has met the applicant's burden, the trier of
fact is entitled to weigh the credible
testimony along with other evidence of record.
Where the trier of fact determines, in the
trier of fact's discretion, that the applicant
should provide evidence which corroborates
otherwise credible testimony, such evidence
must be provided unless the applicant does not
have the evidence or cannot obtain the evidence
without departing the United States. The
inability to obtain corroborating evidence does
not excuse the applicant from meeting the
applicant's burden of proof.
``(iii) Credibility determination.--The
credibility determination of the trier of fact
may, in the trier of fact's discretion, be
based, in addition to other factors, on the
demeanor, candor, or responsiveness of the
applicant or witness, the inherent plausibility
of the applicant's or witness' account, the
consistency between the applicant's or witness'
written and oral statements, made at any time
and whether or not under oath, the internal
consistency of each such statement, the
consistency of such statements with the country
conditions in the country from which the
applicant claims asylum, and any inaccuracies
or falsehoods in such statements.''.
(b) Withholding of Removal.--Section 241(b)(3) of the Immigration
and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the
end the following:
``(C) Sustaining burden of proof; credibility
determinations.--In determining whether an alien has
demonstrated that the alien's life or freedom would be
threatened for a reason described in subparagraph (A),
the trier of fact shall determine whether the alien has
sustained the alien's burden of proof, and shall make
credibility determinations, in the manner described in
clauses (ii) and (iii) of section 208(b)(1)(B).''.
(c) Standard of Review for Orders of Removal.--Section 242(b)(4) of
the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by
adding at the end, after the final subparagraph, the following:
``No court shall reverse a determination made by a trier of
fact with respect to the availability of corroborating
evidence, as described in section 208(b)(1)(B) or 241(b)(3)(C),
unless the court finds that a reasonable trier of fact is
compelled to conclude that such corroborating evidence is
unavailable.''.
(d) Clarification of Discretion.--Section 242(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended--
(1) in the matter preceding clause (i), by inserting ``and
regardless of whether the judgment, decision, or action is made
in removal proceedings,'' after ``other provision of law,'';
and
(2) in clause (ii), by inserting ``or the Secretary of
Homeland Security'' after ``Attorney General'' each place such
term appears.
(e) Effective Dates.--
(1) The amendments made by paragraphs (1) and (2) of
subsection (a) shall take effect as if enacted on March 1,
2003.
(2) The amendments made by subsections (a)(3) and (b) shall
take effect on the date of the enactment of this Act and shall
apply to applications for asylum or withholding made on or
after such date.
(3) The amendment made by subsection (c) shall take effect
on the date of the enactment of this Act and shall apply to all
cases in which the final administrative removal order was
issued before, on, or after such date.
(4) The amendments made by subsection (d) shall take effect
on the date of the enactment of this Act and shall apply to all
cases pending before any court on or after such date.
(f) Repeal.--Section 5403 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is repealed.
SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT
BORDERS.
Section 102(c) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as
follows:
``(c) Waiver.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive, and shall waive, all laws such Secretary,
in such Secretary's sole discretion, determines necessary to
ensure expeditious construction of the barriers and roads under
this section.
``(2) No judicial review.--Notwithstanding any other
provision of law (statutory or nonstatutory), no court shall
have jurisdiction--
``(A) to hear any cause or claim arising from any
action undertaken, or any decision made, by the
Secretary of Homeland Security pursuant to paragraph
(1); or
``(B) to order compensatory, declaratory,
injunctive, equitable, or any other relief for damage
alleged to arise from any such action or decision.''.
SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED
ACTIVITIES.
(a) In General.--Section 212(a)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended to read as
follows:
``(i) In general.--Any alien who--
``(I) has engaged in a terrorist
activity;
``(II) a consular officer, the
Attorney General, or the Secretary of
Homeland Security knows, or has
reasonable ground to believe, is
engaged in or is likely to engage after
entry in any terrorist activity (as
defined in clause (iv));
``(III) has, under circumstances
indicating an intention to cause death
or serious bodily harm, incited
terrorist activity;
``(IV) is a representative (as
defined in clause (v)) of--
``(aa) a terrorist
organization; or
``(bb) a political, social,
or other group that endorses or
espouses terrorist activity;
``(V) is a member of a terrorist
organization described in subclause (I)
or (II) of clause (vi);
``(VI) is a member of a terrorist
organization described in clause
(vi)(III), unless the alien can
demonstrate by clear and convincing
evidence that the alien did not know,
and should not reasonably have known,
that the organization was a terrorist
organization;
``(VII) endorses or espouses
terrorist activity or persuades others
to endorse or espouse terrorist
activity or support a terrorist
organization;
``(VIII) has received military-type
training (as defined in section
2339D(c)(1) of title 18, United States
Code) from or on behalf of any
organization that, at the time the
training was received, was a terrorist
organization; or
``(IX) is the spouse or child of an
alien who is inadmissible under this
subparagraph, if the activity causing
the alien to be found inadmissible
occurred within the last 5 years,
is inadmissible. An alien who is an officer,
official, representative, or spokesman of the
Palestine Liberation Organization is
considered, for purposes of this Act, to be
engaged in a terrorist activity.''.
(b) Engage in Terrorist Activity Defined.--Section 212(a)(3)(B)(iv)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is
amended to read as follows:
``(iv) Engage in terrorist activity
defined.--As used in this subparagraph, the
term `engage in terrorist activity' means, in
an individual capacity or as a member of an
organization--
``(I) to commit or to incite to
commit, under circumstances indicating
an intention to cause death or serious
bodily injury, a terrorist activity;
``(II) to prepare or plan a
terrorist activity;
``(III) to gather information on
potential targets for terrorist
activity;
``(IV) to solicit funds or other
things of value for--
``(aa) a terrorist
activity;
``(bb) a terrorist
organization described in
clause (vi)(I) or (vi)(II); or
``(cc) a terrorist
organization described in
clause (vi)(III), unless the
solicitor can demonstrate by
clear and convincing evidence
that he did not know, and
should not reasonably have
known, that the organization
was a terrorist organization;
``(V) to solicit any individual--
``(aa) to engage in conduct
otherwise described in this
clause;
``(bb) for membership in a
terrorist organization
described in clause (vi)(I) or
(vi)(II); or
``(cc) for membership in a
terrorist organization
described in clause (vi)(III),
unless the solicitor can
demonstrate by clear and
convincing evidence that he did
not know, and should not
reasonably have known, that the
organization was a terrorist
organization; or
``(VI) to commit an act that the
actor knows, or reasonably should know,
affords material support, including a
safe house, transportation,
communications, funds, transfer of
funds or other material financial
benefit, false documentation or
identification, weapons (including
chemical, biological, or radiological
weapons), explosives, or training--
``(aa) for the commission
of a terrorist activity;
``(bb) to any individual
who the actor knows, or
reasonably should know, has
committed or plans to commit a
terrorist activity;
``(cc) to a terrorist
organization described in
subclause (I) or (II) of clause
(vi); or
``(dd) to a terrorist
organization described in
clause (vi)(III), unless the
actor can demonstrate by clear
and convincing evidence that
the actor did not know, and
should not reasonably have
known, that the organization
was a terrorist
organization.''.
(c) Terrorist Organization Defined.--Section 212(a)(3)(B)(vi) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)) is
amended to read as follows:
``(vi) Terrorist organization defined.--As
used in this section, the term `terrorist
organization' means an organization--
``(I) designated under section 219;
``(II) otherwise designated, upon
publication in the Federal Register, by
the Secretary of State in consultation
with or upon the request of the
Attorney General or the Secretary of
Homeland Security, as a terrorist
organization, after finding that the
organization engages in the activities
described in subclauses (I) through
(VI) of clause (iv); or
``(III) that is a group of two or
more individuals, whether organized or
not, which engages in, or has a
subgroup which engages in, the
activities described in subclauses (I)
through (VI) of clause (iv).''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to--
(1) removal proceedings instituted before, on, or after the
date of the enactment of this Act; and
(2) acts and conditions constituting a ground for
inadmissibility occurring or existing before, on, or after such
date.
SEC. 104. REMOVAL OF TERRORISTS.
(a) In General.--
(1) In general.--Section 237(a)(4)(B) (8 U.S.C.
1227(a)(4)(B)) is amended to read as follows:
``(B) Terrorist activities.--Any alien who would be
considered inadmissible pursuant to subparagraph (B) or
(F) of section 212(a)(3) is deportable.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply to acts and conditions constituting a ground for
removal occurring or existing before, on, or after such date.
(b) Repeal.--Effective as of the date of the enactment of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458), section 5402 of such Act is repealed, and the Immigration and
Nationality Act shall be applied as if such section had not been
enacted.
TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL
IDENTIFICATION CARDS
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) Driver's license.--The term ``driver's license'' means
a motor vehicle operator's license, as defined in section 30301
of title 49, United States Code.
(2) Identification card.--The term ``identification card''
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
the Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.
SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR
FEDERAL RECOGNITION.
(a) Minimum Standards for Federal Use.--
(1) In general.--Beginning 3 years after the date of the
enactment of this Act, a Federal agency may not accept, for any
official purpose, a driver's license or identification card
issued by a State to any person unless the State is meeting the
requirements of this section.
(2) State certifications.--The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary.
Such certifications shall be made at such times and in such
manner as the Secretary, in consultation with the Secretary of
Transportation, may prescribe by regulation.
(b) Minimum Document Requirements.--To meet the requirements of
this section, a State shall include, at a minimum, the following
information and features on each driver's license and identification
card issued to a person by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver's license or identification card
number.
(5) A digital photograph of the person.
(6) The person's address of principle residence.
(7) The person's signature.
(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined
minimum data elements.
(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this section,
a State shall require, at a minimum, presentation and
verification of the following information before issuing a
driver's license or identification card to a person:
(A) A photo identity document, except that a non-
photo identity document is acceptable if it includes
both the person's full legal name and date of birth.
(B) Documentation showing the person's date of
birth.
(C) Proof of the person's social security account
number or verification that the person is not eligible
for a social security account number.
(D) Documentation showing the person's name and
address of principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements of this
section, a State shall comply with the minimum
standards of this paragraph.
(B) Evidence of lawful status.--A State shall
require, before issuing a driver's license or
identification card to a person, valid documentary
evidence that the person--
(i) is a citizen of the United States;
(ii) is an alien lawfully admitted for
permanent or temporary residence in the United
States;
(iii) has conditional permanent resident
status in the United States;
(iv) has an approved application for asylum
in the United States or has entered into the
United States in refugee status;
(v) has a valid, unexpired nonimmigrant
visa or nonimmigrant visa status for entry into
the United States;
(vi) has a pending application for asylum
in the United States;
(vii) has a pending or approved application
for temporary protected status in the United
States;
(viii) has approved deferred action status;
or
(ix) has a pending application for
adjustment of status to that of an alien
lawfully admitted for permanent residence in
the United States or conditional permanent
resident status in the United States.
(C) Temporary drivers' licenses and identification
cards.--
(i) In general.--If a person presents
evidence under any of clauses (v) through (ix)
of subparagraph (B), the State may only issue a
temporary driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary driver's
license or temporary identification card issued
pursuant to this subparagraph shall be valid
only during the period of time of the
applicant's authorized stay in the United
States or, if there is no definite end to the
period of authorized stay, a period of one
year.
(iii) Display of expiration date.--A
temporary driver's license or temporary
identification card issued pursuant to this
subparagraph shall clearly indicate that it is
temporary and shall state the date on which it
expires.
(iv) Renewal.--A temporary driver's license
or temporary identification card issued
pursuant to this subparagraph may be renewed
only upon presentation of valid documentary
evidence that the status by which the applicant
qualified for the temporary driver's license or
temporary identification card has been extended
by the Secretary of Homeland Security.
(3) Verification of documents.--To meet the requirements of
this section, a State shall implement the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State shall
verify, with the issuing agency, the issuance,
validity, and completeness of each document required to
be presented by the person under paragraph (1) or (2).
(B) The State shall not accept any foreign
document, other than an official passport, to satisfy a
requirement of paragraph (1) or (2).
(C) Not later than September 11, 2005, the State
shall enter into a memorandum of understanding with the
Secretary of Homeland Security to routinely utilize the
automated system known as Systematic Alien Verification
for Entitlements, as provided for by section 404 of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (110 Stat. 3009-664), to verify the legal
presence status of a person, other than a United States
citizen, applying for a driver's license or
identification card.
(d) Other Requirements.--To meet the requirements of this section,
a State shall adopt the following practices in the issuance of drivers'
licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in
electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum
of 7 years or images of source documents presented for a
minimum of 10 years.
(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a
renewing applicant's information.
(5) Confirm with the Social Security Administration a
social security account number presented by a person using the
full social security account number. In the event that a social
security account number is already registered to or associated
with another person to which any State has issued a driver's
license or identification card, the State shall resolve the
discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or identification
card to a person holding a driver's license issued by another
State without confirmation that the person is terminating or
has terminated the driver's license.
(7) Ensure the physical security of locations where
drivers' licenses and identification cards are produced and the
security of document materials and papers from which drivers'
licenses and identification cards are produced.
(8) Subject all persons authorized to manufacture or
produce drivers' licenses and identification cards to
appropriate security clearance requirements.
(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
drivers' licenses and identification cards.
(10) Limit the period of validity of all driver's licenses
and identification cards that are not temporary to a period
that does not exceed 8 years.
(11) In any case in which the State issues a driver's
license or identification card that does not satisfy the
requirements of this section, ensure that such license or
identification card--
(A) clearly states on its face that it may not be
accepted by any Federal agency for any official
purpose; and
(B) uses a unique design or color indicator to
alert Federal agency and other law enforcement
personnel that it may not be accepted for any such
purpose.
(e) Additional Powers of Secretary.--The Secretary, in the
Secretary's discretion--
(1) may, in addition to the requirements of subsection (b),
prescribe one or more design formats for driver's licenses and
identification cards that satisfy the requirements of this
section in order--
(A) to protect the national security interests of
the United States; and
(B) to allow for clear visual differentiation
between categories of driver's licenses and identity
cards (such as to differentiate between driver's
licenses valid for multi-year terms and temporary
driver's licenses); and
(2) may, in addition to the limitations described in
subsections (c)(2)(C)(ii) and (d)(10), further limit the
validity period of driver's licenses and identification cards
in order to provide for periodic confirmation of principal
residence address and lawful presence in the United States in a
status described in subsection (c)(2)(B).
SEC. 203. LINKING OF DATABASES.
(a) In General.--To be eligible to receive any grant or other type
of financial assistance made available under this title, a State shall
participate in the interstate compact regarding sharing of driver
license data, known as the ``Driver License Agreement'', in order to
provide electronic access by a State to information contained in the
motor vehicle databases of all other States.
(b) Requirements for Information.--A State motor vehicle database
shall contain, at a minimum, the following information:
(1) All data fields printed on drivers' licenses and
identification cards issued by the State.
(2) Motor vehicle drivers' histories, including motor
vehicle violations, suspensions, and points on licenses.
SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE
IDENTIFICATION DOCUMENTS.
Section 1028(a)(8) of title 18, United States Code, is amended by
striking ``false authentication features'' and inserting ``false or
actual authentication features''.
SEC. 205. GRANTS TO STATES.
(a) In General.--The Secretary may make grants to a State to assist
the State in conforming to the minimum standards set forth in this
title.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this title.
SEC. 206. AUTHORITY.
(a) Participation of Secretary of Transportation and States.--All
authority to issue regulations, certify standards, and issue grants
under this title shall be carried out by the Secretary, in consultation
with the Secretary of Transportation and the States.
(b) Extensions of Deadlines.--The Secretary may grant to a State an
extension of time to meet the requirements of section 202(a)(1) if the
State provides adequate justification for noncompliance.
SEC. 207. REPEAL.
Section 7212 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) is repealed.
<all>
Considered as unfinished business. (consideration: CR H527-566)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
DEBATE - Pursuant to H. Res. 75, the Committee of the Whole proceeded with twenty minutes of debate on the Sessions amendment.
DEBATE - Pursuant to H. Res. 75, the Committee of the Whole proceeded with twenty minutes of debate on the Castle amendment.
DEBATE - Pursuant to H. Res. 75, the Committee of the Whole proceeded with twenty minutes of debate on the Kolbe amendment.
DEBATE - Pursuant to H. Res. 75, the Committee of the Whole proceeded with twenty minutes of debate on the Nadler amendment.
POSTPONED ROLL CALL VOTE - At the conclusion of debate on the Nadler amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
DEBATE - Pursuant to H. Res. 75, the Committee of the Whole proceeded with twenty minutes of debate on the Farr amendment.
POSTPONED ROLL CALL VOTE - At the conclusion of debate on the Farr amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Farr demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
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UNFINISHED BUSINESS - The Chair announced that the unfinished business was the adoption of specified amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 418.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Reyes moved to recommit with instructions to Judiciary.
Floor summary: DEBATE - The House proceeded with ten minutes of debate on the Reyes motion to recommit with instruction.
On motion to recommit with instructions Failed by recorded vote: 195 - 229 (Roll no. 30).
Roll Call #30 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 261 - 161 (Roll no. 31).(text of measure as introduced: CR H536-541)
Roll Call #31 (House)On passage Passed by the Yeas and Nays: 261 - 161 (Roll no. 31). (text of measure as introduced: CR H536-541)
Roll Call #31 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on the Judiciary.