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Text: House Bill H. R. 418 Designates PLO As "Engaged In A Terrorist Activity"

2005-02-07

109th CONGRESS
  1st Session
                                H. R. 418
http://frwebgate.access.gpo.gov/cgi-bin/useftp.cgi?IPaddress=162.140.64.88
    &filename=h418ih.txt&directory=/diskb/wais/data/109_cong_bills

   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.
                                 

Source: IMRA – Independent Media Review and Analysis

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