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IIB

109TH CONGRESS
1ST SESSION

H. R. 418

IN THE SENATE OF THE UNITED STATES
FEBRUARY 14, 2005
Received
FEBRUARY 17, 2005
Read twice and referred to the Committee on the Judiciary

AN ACT
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.

2
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3
4

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘REAL ID Act of

5 2005’’.

TITLE I—AMENDMENTS TO FED7
ERAL LAWS TO PROTECT
8
AGAINST TERRORIST ENTRY
6

9

SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RE-

10
11

LIEF FROM REMOVAL.

(a) CONDITIONS FOR GRANTING ASYLUM.—Section

12 208(b)(1) of the Immigration and Nationality Act (8
13 U.S.C. 1158(b)(1)) is amended—
14

(1) by striking ‘‘The Attorney General’’ the

15

first place such term appears and inserting the fol-

16

lowing:

17

‘‘(A)

ELIGIBILITY.—The

Secretary

of

18

Homeland Security or the Attorney General’’;

19

(2) by striking ‘‘the Attorney General’’ the sec-

20

ond and third places such term appears and insert-

21

ing ‘‘the Secretary of Homeland Security or the At-

22

torney General’’; and

23

(3) by adding at the end the following:

24

‘‘(B) BURDEN OF PROOF.—

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1

‘‘(i) IN

GENERAL.—The

burden of

2

proof is on the applicant to establish that

3

the applicant is a refugee, within the

4

meaning of section 101(a)(42)(A). To es-

5

tablish that the applicant is a refugee with-

6

in the meaning of such section, the appli-

7

cant must establish that race, religion, na-

8

tionality, membership in a particular social

9

group, or political opinion was or will be a

10

central reason for persecuting the appli-

11

cant.

12

‘‘(ii) SUSTAINING BURDEN.—The tes-

13

timony of the applicant may be sufficient

14

to sustain the applicant’s burden without

15

corroboration, but only if the applicant sat-

16

isfies the trier of fact that the applicant’s

17

testimony is credible, is persuasive, and re-

18

fers to specific facts sufficient to dem-

19

onstrate that the applicant is a refugee. In

20

determining whether the applicant has met

21

the applicant’s burden, the trier of fact

22

may weigh the credible testimony along

23

with other evidence of record. Where the

24

trier of fact determines, in the trier of

25

fact’s discretion, that the applicant should

HR 418 RFS

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1

provide evidence which corroborates other-

2

wise credible testimony, such evidence

3

must be provided unless the applicant does

4

not have the evidence and cannot reason-

5

ably obtain the evidence without departing

6

the United States. The inability to obtain

7

corroborating evidence does not excuse the

8

applicant from meeting the applicant’s

9

burden of proof.

10

‘‘(iii)

CREDIBILITY

DETERMINA-

11

TION.—The trier of fact should consider all

12

relevant factors and may, in the trier of

13

fact’s discretion, base the trier of fact’s

14

credibility determination on any such fac-

15

tor, including the demeanor, candor, or re-

16

sponsiveness of the applicant or witness,

17

the inherent plausibility of the applicant’s

18

or witness’s account, the consistency be-

19

tween the applicant’s or witness’s written

20

and oral statements (whenever made and

21

whether or not made under oath), the in-

22

ternal consistency of each such statement,

23

the consistency of such statements with

24

other evidence of record (including the re-

25

ports of the Department of State on coun-

HR 418 RFS

5
1

try conditions), and any inaccuracies or

2

falsehoods in such statements, without re-

3

gard to whether an inconsistency, inaccu-

4

racy, or falsehood goes to the heart of the

5

applicant’s claim. There is no presumption

6

of credibility.’’.

7

(b) WITHHOLDING OF REMOVAL.—Section 241(b)(3)

8 of the Immigration and Nationality Act (8 U.S.C.
9 1231(b)(3)) is amended by adding at the end the fol10 lowing:
11

‘‘(C) SUSTAINING

OF

PROOF;

DETERMINATIONS.—In

deter-

BURDEN

12

CREDIBILITY

13

mining whether an alien has demonstrated that

14

the alien’s life or freedom would be threatened

15

for a reason described in subparagraph (A), the

16

trier of fact shall determine whether the alien

17

has sustained the alien’s burden of proof, and

18

shall make credibility determinations, in the

19

manner described in clauses (ii) and (iii) of sec-

20

tion 208(b)(1)(B).’’.

21

(c) OTHER REQUESTS

22

FOR

RELIEF FROM RE-

MOVAL.—Section 240(c) of the Immigration and Nation-

23 ality Act (8 U.S.C. 1230(c)) is amended—
24

(1) by redesignating paragraphs (4), (5), and

25

(6) as paragraphs (5), (6), and (7), respectively; and

HR 418 RFS

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1
2
3
4

(2) by inserting after paragraph (3) the following:
‘‘(4) APPLICATIONS

FOR

RELIEF

FROM

RE-

MOVAL.—

5

‘‘(A) IN GENERAL.—An alien applying for

6

relief or protection from removal has the bur-

7

den of proof to establish that the alien—

8

‘‘(i) satisfies the applicable eligibility

9

requirements; and

10

‘‘(ii) with respect to any form of relief

11

that is granted in the exercise of discre-

12

tion, that the alien merits a favorable exer-

13

cise of discretion.

14

‘‘(B) SUSTAINING

BURDEN.—The

appli-

15

cant must comply with the applicable require-

16

ments to submit information or documentation

17

in support of the applicant’s application for re-

18

lief or protection as provided by law or by regu-

19

lation or in the instructions for the application

20

form. In evaluating the testimony of the appli-

21

cant or other witness in support of the applica-

22

tion, the immigration judge will determine

23

whether or not the testimony is credible, is per-

24

suasive, and refers to specific facts sufficient to

25

demonstrate that the applicant has satisfied the

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1

applicant’s burden of proof. In determining

2

whether the applicant has met such burden, the

3

immigration judge shall weigh the credible testi-

4

mony along with other evidence of record.

5

Where the immigration judge determines in the

6

judge’s discretion that the applicant should pro-

7

vide evidence which corroborates otherwise cred-

8

ible testimony, such evidence must be provided

9

unless the applicant demonstrates that the ap-

10

plicant does not have the evidence and cannot

11

reasonably obtain the evidence without depart-

12

ing from the United States. The inability to ob-

13

tain corroborating evidence does not excuse the

14

applicant from meeting the burden of proof.

15

‘‘(C) CREDIBILITY DETERMINATION.—The

16

immigration judge should consider all relevant

17

factors and may, in the judge’s discretion, base

18

the judge’s credibility determination on any

19

such factor, including the demeanor, candor, or

20

responsiveness of the applicant or witness, the

21

inherent plausibility of the applicant’s or

22

witness’s account, the consistency between the

23

applicant’s or witness’s written and oral state-

24

ments (whenever made and whether or not

25

made under oath), the internal consistency of

HR 418 RFS

8
1

each such statement, the consistency of such

2

statements with other evidence of record (in-

3

cluding the reports of the Department of State

4

on country conditions), and any inaccuracies or

5

falsehoods in such statements, without regard

6

to whether an inconsistency, inaccuracy, or

7

falsehood goes to the heart of the applicant’s

8

claim. There is no presumption of credibility.’’.

9

(d) STANDARD OF REVIEW FOR ORDERS OF RE-

10

MOVAL.—Section 242(b)(4) of the Immigration and Na-

11 tionality Act (8 U.S.C. 1252(b)(4)) is amended by adding
12 at the end, after subparagraph (D), the following: ‘‘No
13 court shall reverse a determination made by a trier of fact
14 with respect to the availability of corroborating evidence,
15 as described in section 208(b)(1)(B), 240(c)(4)(B), or
16 241(b)(3)(C), unless the court finds that a reasonable
17 trier of fact is compelled to conclude that such corrobo18 rating evidence is unavailable.’’.
19

(e)

CLARIFICATION

OF

DISCRETION.—Section

20 242(a)(2)(B) of the Immigration and Nationality Act (8
21 U.S.C. 1252(a)(2)(B)) is amended—
22

(1) by inserting ‘‘or the Secretary of Homeland

23

Security’’ after ‘‘Attorney General’’ each place such

24

term appears; and

HR 418 RFS

9
1

(2) in the matter preceding clause (i), by insert-

2

ing ‘‘and regardless of whether the judgment, deci-

3

sion, or action is made in removal proceedings,’’

4

after ‘‘other provision of law,’’.

5

(f) REMOVAL OF CAPS.—Section 209 of the Immigra-

6 tion and Nationality Act (8 U.S.C. 1159) is amended—
7

(1) in subsection (a)(1)—

8
9

(A) by striking ‘‘Service’’ and inserting
‘‘Department of Homeland Security’’; and

10

(B) by striking ‘‘Attorney General’’ each

11

place such term appears and inserting ‘‘Sec-

12

retary of Homeland Security or the Attorney

13

General’’;

14

(2) in subsection (b)—

15

(A) by striking ‘‘Not more’’ and all that

16

follows through ‘‘asylum who—’’ and inserting

17

‘‘The Secretary of Homeland Security or the

18

Attorney General, in the Secretary’s or the At-

19

torney General’s discretion and under such reg-

20

ulations as the Secretary or the Attorney Gen-

21

eral may prescribe, may adjust to the status of

22

an alien lawfully admitted for permanent resi-

23

dence the status of any alien granted asylum

24

who—’’; and

HR 418 RFS

10
1

(B) in the matter following paragraph (5),

2

by striking ‘‘Attorney General’’ and inserting

3

‘‘Secretary of Homeland Security or the Attor-

4

ney General’’; and

5

(3) in subsection (c), by striking ‘‘Attorney

6

General’’ and inserting ‘‘Secretary of Homeland Se-

7

curity or the Attorney General’’.

8

(g) EFFECTIVE DATES.—

9

(1) The amendments made by paragraphs (1)

10

and (2) of subsection (a) shall take effect as if en-

11

acted on March 1, 2003.

12

(2) The amendments made by subsections

13

(a)(3), (b), and (c) shall take effect on the date of

14

the enactment of this Act and shall apply to applica-

15

tions for asylum, withholding, or other removal made

16

on or after such date.

17

(3) The amendment made by subsection (d)

18

shall take effect on the date of the enactment of this

19

Act and shall apply to all cases in which the final

20

administrative removal order is or was issued before,

21

on, or after such date.

22

(4) The amendments made by subsection (e)

23

shall take effect on the date of the enactment of this

24

Act and shall apply to all cases pending before any

25

court on or after such date.

HR 418 RFS

11
1

(5) The amendments made by subsection (f)

2

shall take effect on the date of the enactment of this

3

Act.

4

(h) REPEAL.—Section 5403 of the Intelligence Re-

5 form and Terrorism Prevention Act of 2004 (Public Law
6 108–458) is repealed.
7

SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE-

8

MENT OF BARRIERS AT BORDERS.

9

Section 102(c) of the Illegal Immigration Reform and

10 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103
11 note) is amended to read as follows:
12

‘‘(c) WAIVER.—

13

‘‘(1) IN GENERAL.—Notwithstanding any other

14

provision of law, the Secretary of Homeland Security

15

shall have the authority to waive, and shall waive, all

16

laws such Secretary, in such Secretary’s sole discre-

17

tion, determines necessary to ensure expeditious con-

18

struction of the barriers and roads under this sec-

19

tion.

20

‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding

21

any other provision of law (statutory or nonstatu-

22

tory), no court, administrative agency, or other enti-

23

ty shall have jurisdiction—

24

‘‘(A) to hear any cause or claim arising

25

from any action undertaken, or any decision

HR 418 RFS

12
1

made, by the Secretary of Homeland Security

2

pursuant to paragraph (1); or

3

‘‘(B) to order compensatory, declaratory,

4

injunctive, equitable, or any other relief for

5

damage alleged to arise from any such action or

6

decision.’’.

7

SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TER-

8

RORIST-RELATED ACTIVITIES.

9

(a)

IN

GENERAL.—So

much

of

section

10 212(a)(3)(B)(i) of the Immigration and Nationality Act
11 (8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence
12 is amended to read as follows:
13

‘‘(i) IN GENERAL.—Any alien who—

14

‘‘(I) has engaged in a terrorist

15

activity;

16

‘‘(II) a consular officer, the At-

17

torney General, or the Secretary of

18

Homeland Security knows, or has rea-

19

sonable ground to believe, is engaged

20

in or is likely to engage after entry in

21

any terrorist activity (as defined in

22

clause (iv));

23

‘‘(III) has, under circumstances

24

indicating an intention to cause death

HR 418 RFS

13
1

or serious bodily harm, incited ter-

2

rorist activity;

3

‘‘(IV) is a representative (as de-

4

fined in clause (v)) of—

5

‘‘(aa) a terrorist organiza-

6

tion (as defined in clause (vi)); or

7

‘‘(bb) a political, social, or

8

other group that endorses or es-

9

pouses terrorist activity;

10

‘‘(V) is a member of a terrorist

11

organization described in subclause (I)

12

or (II) of clause (vi);

13

‘‘(VI) is a member of a terrorist

14

organization

15

(vi)(III), unless the alien can dem-

16

onstrate by clear and convincing evi-

17

dence that the alien did not know, and

18

should not reasonably have known,

19

that the organization was a terrorist

20

organization;

described

in

clause

21

‘‘(VII) endorses or espouses ter-

22

rorist activity or persuades others to

23

endorse or espouse terrorist activity or

24

support a terrorist organization;

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14
1

‘‘(VIII) has received military-type

2

training

3

2339D(c)(1) of title 18, United States

4

Code) from or on behalf of any orga-

5

nization that, at the time the training

6

was received, was a terrorist organiza-

7

tion (as defined in clause (vi)); or

(as

defined

in

section

8

‘‘(IX) is the spouse or child of an

9

alien who is inadmissible under this

10

subparagraph, if the activity causing

11

the alien to be found inadmissible oc-

12

curred within the last 5 years,

13
14

is inadmissible.’’.
(b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—

15 Section 212(a)(3)(B)(iv) of the Immigration and Nation16 ality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read
17 as follows:
18

‘‘(iv) ENGAGE IN TERRORIST ACTIVITY

19

DEFINED.—As used in this Act, the term

20

‘engage in terrorist activity’ means, in an

21

individual capacity or as a member of an

22

organization—

23

‘‘(I) to commit or to incite to

24

commit, under circumstances indi-

25

cating an intention to cause death or

HR 418 RFS

15
1

serious bodily injury, a terrorist activ-

2

ity;

3

‘‘(II) to prepare or plan a ter-

4

rorist activity;

5

‘‘(III) to gather information on

6

potential targets for terrorist activity;

7

‘‘(IV) to solicit funds or other

8

things of value for—

9

‘‘(aa) a terrorist activity;

10

‘‘(bb) a terrorist organiza-

11

tion described in clause (vi)(I) or

12

(vi)(II); or

13

‘‘(cc) a terrorist organiza-

14

tion described in clause (vi)(III),

15

unless the solicitor can dem-

16

onstrate by clear and convincing

17

evidence that he did not know,

18

and should not reasonably have

19

known, that the organization was

20

a terrorist organization;

21

‘‘(V) to solicit any individual—

22

‘‘(aa) to engage in conduct

23

otherwise described in this sub-

24

section;

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1

‘‘(bb) for membership in a

2

terrorist organization described

3

in clause (vi)(I) or (vi)(II); or

4

‘‘(cc) for membership in a

5

terrorist organization described

6

in clause (vi)(III) unless the so-

7

licitor can demonstrate by clear

8

and convincing evidence that he

9

did not know, and should not

10

reasonably have known, that the

11

organization was a terrorist orga-

12

nization; or

13

‘‘(VI) to commit an act that the

14

actor knows, or reasonably should

15

know, affords material support, in-

16

cluding a safe house, transportation,

17

communications, funds, transfer of

18

funds or other material financial ben-

19

efit, false documentation or identifica-

20

tion, weapons (including chemical, bi-

21

ological, or radiological weapons), ex-

22

plosives, or training—

23

‘‘(aa) for the commission of

24

a terrorist activity;

HR 418 RFS

17
1

‘‘(bb) to any individual who

2

the actor knows, or reasonably

3

should know, has committed or

4

plans to commit a terrorist activ-

5

ity;

6

‘‘(cc) to a terrorist organiza-

7

tion described in subclause (I) or

8

(II) of clause (vi) or to any mem-

9

ber of such an organization; or

10

‘‘(dd) to a terrorist organi-

11

zation

12

(vi)(III), or to any member of

13

such an organization, unless the

14

actor can demonstrate by clear

15

and convincing evidence that the

16

actor did not know, and should

17

not reasonably have known, that

18

the organization was a terrorist

19

organization.

described

in

clause

20

This clause shall not apply to any material

21

support the alien afforded to an organiza-

22

tion or individual that has committed ter-

23

rorist activity, if the Secretary of State,

24

after consultation with the Attorney Gen-

25

eral and the Secretary of Homeland Secu-

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18
1

rity, or the Attorney General, after con-

2

sultation with the Secretary of State and

3

the Secretary of Homeland Security, con-

4

cludes in his sole unreviewable discretion,

5

that this clause should not apply.’’.

6

(c) TERRORIST ORGANIZATION DEFINED.—Section

7 212(a)(3)(B)(vi) of the Immigration and Nationality Act
8 (8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as fol9 lows:
10

‘‘(vi) TERRORIST ORGANIZATION DE-

11

FINED.—As used in this section, the term

12

‘terrorist organization’ means an organiza-

13

tion—

14

‘‘(I) designated under section

15

219;

16

‘‘(II) otherwise designated, upon

17

publication in the Federal Register, by

18

the Secretary of State in consultation

19

with or upon the request of the Attor-

20

ney General or the Secretary of

21

Homeland Security, as a terrorist or-

22

ganization, after finding that the or-

23

ganization engages in the activities

24

described in subclauses (I) through

25

(VI) of clause (iv); or

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1

‘‘(III) that is a group of two or

2

more individuals, whether organized

3

or not, which engages in, or has a

4

subgroup which engages in, the activi-

5

ties

6

through (VI) of clause (iv).’’.

7

described

in

subclauses

(I)

(d) EFFECTIVE DATE.—The amendments made by

8 this section shall take effect on the date of the enactment
9 of this Act, and these amendments, and section
10 212(a)(3)(B) of the Immigration and Nationality Act (8
11 U.S.C. 1182(a)(3)(B)), as amended by this section, shall
12 apply to—
13
14

(1) removal proceedings instituted before, on, or
after the date of the enactment of this Act; and

15

(2) acts and conditions constituting a ground

16

for inadmissibility, excludability, deportation, or re-

17

moval occurring or existing before, on, or after such

18

date.

19
20
21

SEC. 104. REMOVAL OF TERRORISTS.

(a) IN GENERAL.—
(1) IN GENERAL.—Section 237(a)(4)(B) of the

22

Immigration

23

1227(a)(4)(B)) is amended to read as follows:

HR 418 RFS

and

Nationality

Act

(8

U.S.C.

20
1

‘‘(B) TERRORIST ACTIVITIES.—Any alien

2

who is described in subparagraph (B) or (F) of

3

section 212(a)(3) is deportable.’’.

4

(2) EFFECTIVE DATE.—The amendment made

5

by paragraph (1) shall take effect on the date of the

6

enactment of this Act, and the amendment, and sec-

7

tion 237(a)(4)(B) of the Immigration and Nation-

8

ality Act (8 U.S.C. 1227(a)(4)(B)), as amended by

9

such paragraph, shall apply to—

10

(A) removal proceedings instituted before,

11

on, or after the date of the enactment of this

12

Act; and

13

(B) acts and conditions constituting a

14

ground for inadmissibility, excludability, depor-

15

tation, or removal occurring or existing before,

16

on, or after such date.

17

(b) REPEAL.—Effective as of the date of the enact-

18 ment of the Intelligence Reform and Terrorism Prevention
19 Act of 2004 (Public Law 108–458), section 5402 of such
20 Act is repealed, and the Immigration and Nationality Act
21 shall be applied as if such section had not been enacted.
22
23

SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

(a) IN GENERAL.—Section 242 of the Immigration

24 and Nationality Act (8 U.S.C. 1252) is amended—
25

(1) in subsection (a)—

HR 418 RFS

21
1

(A) in paragraph (2)—

2

(i) in subparagraph (A), by inserting

3

‘‘(statutory or nonstatutory), including sec-

4

tion 2241 of title 28, United States Code,

5

or any other habeas corpus provision, and

6

sections 1361 and 1651 of such title’’ after

7

‘‘Notwithstanding any other provision of

8

law’’;

9

(ii) in each of subparagraphs (B) and

10

(C), by inserting ‘‘(statutory or nonstatu-

11

tory), including section 2241 of title 28,

12

United States Code, or any other habeas

13

corpus provision, and sections 1361 and

14

1651 of such title, and except as provided

15

in subparagraph (D)’’ after ‘‘Notwith-

16

standing any other provision of law’’; and

17

(iii) by adding at the end the fol-

18

lowing:

19

‘‘(D)

JUDICIAL

REVIEW

OF

CERTAIN

20

LEGAL CLAIMS.—Nothing in subparagraph (B)

21

or (C), or in any other provision of this Act

22

which limits or eliminates judicial review, shall

23

be construed as precluding review of constitu-

24

tional claims or pure questions of law raised

25

upon a petition for review filed with an appro-

HR 418 RFS

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1

priate court of appeals in accordance with this

2

section.’’; and

3
4

(B) by adding at the end the following:
‘‘(4) CLAIMS

UNDER THE UNITED NATIONS

5

CONVENTION.—Notwithstanding any other provision

6

of law (statutory or nonstatutory), including section

7

2241 of title 28, United States Code, or any other

8

habeas corpus provision, and sections 1361 and

9

1651 of such title, a petition for review filed with an

10

appropriate court of appeals in accordance with this

11

section shall be the sole and exclusive means for ju-

12

dicial review of any cause or claim under the United

13

Nations Convention Against Torture and Other

14

Forms of Cruel, Inhuman, or Degrading Treatment

15

or Punishment, except as provided in subsection (e).

16

‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwith-

17

standing any other provision of law (statutory or

18

nonstatutory), including section 2241 of title 28,

19

United States Code, or any other habeas corpus pro-

20

vision, and sections 1361 and 1651 of such title, a

21

petition for review filed with an appropriate court of

22

appeals in accordance with this section shall be the

23

sole and exclusive means for judicial review of an

24

order of removal entered or issued under any provi-

25

sion of this Act, except as provided in subsection (e).

HR 418 RFS

23
1

For purposes of this Act, in every provision that lim-

2

its or eliminates judicial review or jurisdiction to re-

3

view, the terms ‘judicial review’ and ‘jurisdiction to

4

review’ include habeas corpus review pursuant to

5

section 2241 of title 28, United States Code, or any

6

other habeas corpus provision, sections 1361 and

7

1651 of such title, and review pursuant to any other

8

provision of law (statutory or nonstatutory).’’;

9

(2) in subsection (b)—

10

(A) in paragraph (3)(B), by inserting

11

‘‘pursuant to subsection (f)’’ after ‘‘unless’’;

12

and

13

(B) in paragraph (9), by adding at the end

14

the following: ‘‘Except as otherwise provided in

15

this section, no court shall have jurisdiction, by

16

habeas corpus under section 2241 of title 28,

17

United States Code, or any other habeas corpus

18

provision, by section 1361 or 1651 of such title,

19

or by any other provision of law (statutory or

20

nonstatutory), to review such an order or such

21

questions of law or fact.’’; and

22

(3) in subsection (g), by inserting ‘‘(statutory

23

or nonstatutory), including section 2241 of title 28,

24

United States Code, or any other habeas corpus pro-

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1

vision, and sections 1361 and 1651 of such title’’

2

after ‘‘notwithstanding any other provision of law’’.

3

(b) EFFECTIVE DATE.—The amendments made by

4 subsection (a) shall take effect upon the date of the enact5 ment of this Act and shall apply to cases in which the
6 final administrative order of removal, deportation, or ex7 clusion was issued before, on, or after the date of the en8 actment of this Act.
9

(c) TRANSFER OF CASES.—If an alien’s case, brought

10 under section 2241 of title 28, United States Code, and
11 challenging a final administrative order of removal, depor12 tation, or exclusion, is pending in a district court on the
13 date of the enactment of this Act, then the district court
14 shall transfer the case (or the part of the case that chal15 lenges the order of removal, deportation, or exclusion) to
16 the court of appeals for the circuit in which a petition for
17 review could have been properly filed under section
18 242(b)(2) of the Immigration and Nationality Act (8
19 U.S.C. 1252), as amended by this section, or under section
20 309(c)(4)(D) of the Illegal Immigration Reform and Im21 migrant Responsibility Act of 1996 (8 U.S.C. 1101 note).
22 The court of appeals shall treat the transferred case as
23 if it had been filed pursuant to a petition for review under
24 such section 242, except that subsection (b)(1) of such
25 section shall not apply.

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1

(d) TRANSITIONAL RULE CASES.—A petition for re-

2 view filed under former section 106(a) of the Immigration
3 and Nationality Act (as in effect before its repeal by sec4 tion 306(b) of the Illegal Immigration Reform and Immi5 grant Responsibility Act of 1996 (8 U.S.C. 1252 note))
6 shall be treated as if it had been filed as a petition for
7 review under section 242 of the Immigration and Nation8 ality Act (8 U.S.C. 1252), as amended by this section.
9 Notwithstanding any other provision of law (statutory or
10 nonstatutory), including section 2241 of title 28, United
11 States Code, or any other habeas corpus provision, and
12 sections 1361 and 1651 of such title, such petition for re13 view shall be the sole and exclusive means for judicial re14 view of an order of deportation or exclusion.
15
16
17

SEC. 106. DELIVERY BONDS.

(a) DEFINITIONS.—For purposes of this section:
(1) DELIVERY

BOND.—The

term ‘‘delivery

18

bond’’ means a written suretyship undertaking for

19

the surrender of an individual against whom the De-

20

partment of Homeland Security has issued an order

21

to show cause or a notice to appear, the performance

22

of which is guaranteed by an acceptable surety on

23

Federal bonds.

24
25

(2) PRINCIPAL.—The term ‘‘principal’’ means
an individual who is the subject of a bond.

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1

(3) SURETYSHIP

UNDERTAKING.—The

term

2

‘‘suretyship undertaking’’ means a written agree-

3

ment, executed by a bonding agent on behalf of a

4

surety, which binds all parties to its certain terms

5

and conditions and which provides obligations for

6

the principal and the surety while under the bond

7

and penalties for forfeiture to ensure the obligations

8

of the principal and the surety under the agreement.

9

(4) BONDING

AGENT.—The

term ‘‘bonding

10

agent’’ means any individual properly licensed, ap-

11

proved, and appointed by power of attorney to exe-

12

cute or countersign surety bonds in connection with

13

any matter governed by the Immigration and Na-

14

tionality Act as amended (8 U.S.C. 1101, et seq.),

15

and who receives a premium for executing or

16

countersigning such surety bonds.

17

(5) SURETY.—The term ‘‘surety’’ means an en-

18

tity, as defined by, and that is in compliance with,

19

sections 9304 through 9308 of title 31, United

20

States Code, that agrees—

21
22

(A) to guarantee the performance, where
appropriate, of the principal under a bond;

23

(B) to perform the bond as required; and

24

(C) to pay the face amount of the bond as

25

a penalty for failure to perform.

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1
2
3
4

(b) VALIDITY, AGENT NOT CO-OBLIGOR, EXPIRATION, RENEWAL, AND CANCELLATION OF BONDS.—

(1) VALIDITY.—Delivery bond undertakings are
valid if such bonds—

5
6

(A) state the full, correct, and proper
name of the alien principal;

7

(B) state the amount of the bond;

8

(C) are guaranteed by a surety and

9

countersigned by an agent who is properly ap-

10

pointed;

11
12

(D) bond documents are properly executed;
and

13

(E) relevant bond documents are properly

14

filed with the Secretary of Homeland Security.

15

(2) BONDING AGENT NOT CO-OBLIGOR, PARTY,

16

OR GUARANTOR IN INDIVIDUAL CAPACITY, AND NO

17

REFUSAL

18

9304(b) of title 31, United States Code, is amended

19

by adding at the end the following: ‘‘Notwith-

20

standing any other provision of law, no bonding

21

agent of a corporate surety shall be required to exe-

22

cute bonds as a co-obligor, party, or guarantor in an

23

individual capacity on bonds provided by the cor-

24

porate surety, nor shall a corporate surety bond be

25

refused if the corporate surety appears on the cur-

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IF

ACCEPTABLE

SURETY.—Section

28
1

rent Treasury Department Circular 570 as a com-

2

pany holding a certificate of authority as an accept-

3

able surety on Federal bonds and attached to the

4

bond is a currently valid instrument showing the au-

5

thority of the bonding agent of the surety company

6

to execute the bond.’’.

7
8

(3) EXPIRATION.—A delivery bond undertaking
shall expire at the earliest of—

9

(A) 1 year from the date of issue;

10

(B) at the cancellation of the bond or sur-

11

render of the principal; or

12

(C) immediately upon nonpayment of the

13

renewal premium.

14

(4) RENEWAL.—Delivery bonds may be re-

15

newed annually, with payment of proper premium to

16

the surety, if there has been no breach of conditions,

17

default, claim, or forfeiture of the bond. Notwith-

18

standing any renewal, when the alien is surrendered

19

to the Secretary of Homeland Security for removal,

20

the Secretary shall cause the bond to be canceled.

21
22

(5) CANCELLATION.—Delivery bonds shall be
canceled and the surety exonerated—

23

(A) for nonrenewal after the alien has been

24

surrendered to the Department of Homeland

25

Security for removal;

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1

(B) if the surety or bonding agent provides

2

reasonable evidence that there was misrepresen-

3

tation or fraud in the application for the bond;

4

(C) upon the death or incarceration of the

5

principal, or the inability of the surety to

6

produce the principal for medical reasons;

7

(D) if the principal is detained by any law

8

enforcement agency of any State, county, city,

9

or any politial subdivision thereof;

10

(E) if it can be established that the alien

11

departed the United States of America for any

12

reason without permission of the Secretary of

13

Homeland Security, the surety, or the bonding

14

agent;

15

(F) if the foreign state of which the prin-

16

cipal is a national is designated pursuant to

17

section 244 of the Act (8 U.S.C. 1254a) after

18

the bond is posted; or

19

(G) if the principal is surrendered to the

20

Department of Homeland Security, removal by

21

the surety or the bonding agent.

22

(6) SURRENDER OF PRINCIPAL; FORFEITURE

23

OF BOND PREMIUM.—

24

(A) SURRENDER.—At any time, before a

25

breach of any of the bond conditions, if in the

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1

opinion of the surety or bonding agent, the

2

principal becomes a flight risk, the principal

3

may be surrendered to the Department of

4

Homeland Security for removal.

5

(B) FORFEITURE OF BOND PREMIUM.—A

6

principal may be surrendered without the re-

7

turn of any bond premium if the principal—

8

(i) changes address without notifying

9

the surety, the bonding agent, and the Sec-

10

retary of Homeland Security in writing

11

prior to such change;

12

(ii) hides or is concealed from a sur-

13

ety, a bonding agent, or the Secretary;

14

(iii) fails to report to the Secretary as

15

required at least annually; or

16

(iv) violates the contract with the

17

bonding agent or surety, commits any act

18

that may lead to a breach of the bond, or

19

otherwise violates any other obligation or

20

condition of the bond established by the

21

Secretary.

22
23

(7) CERTIFIED COPY OF BOND AND ARREST
WARRANT TO ACCOMPANY SURRENDER.—

24
25

(A) IN

GENERAL.—A

bonding agent or

surety desiring to surrender the principal—

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1

(i) shall have the right to petition the

2

Secretary of Homeland Security or any

3

Federal court, without having to pay any

4

fees or court costs, for an arrest warrant

5

for the arrest of the principal;

6

(ii) shall forthwith be provided 2 cer-

7

tified copies each of the arrest warrant and

8

the bond undertaking, without having to

9

pay any fees or courts costs; and

10

(iii) shall have the right to pursue, ap-

11

prehend, detain, and surrender the prin-

12

cipal, together with certified copies of the

13

arrest warrant and the bond undertaking,

14

to any Department of Homeland Security

15

detention official or Department detention

16

facility or any detention facility authorized

17

to hold Federal detainees.

18

(B) EFFECTS OF DELIVERY.—Upon sur-

19

render of a principal under subparagraph

20

(A)(iii)—

21

(i) the official to whom the principal

22

is surrendered shall detain the principal in

23

custody and issue a written certificate of

24

surrender; and

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1

(ii) the Secretary of Homeland Secu-

2

rity shall immediately exonerate the surety

3

from any further liability on the bond.

4

(8) FORM OF BOND.—Delivery bonds shall in

5

all cases state the following and be secured by a cor-

6

porate surety that is certified as an acceptable sur-

7

ety on Federal bonds and whose name appears on

8

the current Treasury Department Circular 570:

9
10

‘‘(A) BREACH OF BOND; PROCEDURE, FORFEITURE, NOTICE.—

11

‘‘(i) If a principal violates any condi-

12

tions of the delivery bond, or the principal

13

is or becomes subject to a final administra-

14

tive order of deportation or removal, the

15

Secretary of Homeland Security shall—

16

‘‘(I) immediately issue a warrant

17

for the principal’s arrest and enter

18

that arrest warrant into the National

19

Crime Information Center (NCIC)

20

computerized information database;

21

‘‘(II) order the bonding agent

22

and surety to take the principal into

23

custody and surrender the principal to

24

any one of 10 designated Department

25

of Homeland Security ‘turn-in’ cen-

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1

ters located nationwide in the areas of

2

greatest need, at any time of day dur-

3

ing 15 months after mailing the ar-

4

rest warrant and the order to the

5

bonding agent and the surety as re-

6

quired by subclause (III), and imme-

7

diately enter that order into the Na-

8

tional

9

(NCIC)

10

database; and

Crime

Information

computerized

Center

information

11

‘‘(III) mail 2 certified copies each

12

of the arrest warrant issued pursuant

13

to subclause (I) and 2 certified copies

14

each of the order issued pursuant to

15

subclause (II) to only the bonding

16

agent and surety via certified mail re-

17

turn receipt to their last known ad-

18

dresses.

19

‘‘(ii) Bonding agents and sureties

20

shall immediately notify the Secretary of

21

Homeland Security of their changes of ad-

22

dress and/or telephone numbers.

23

‘‘(iii) The Secretary of Homeland Se-

24

curity shall establish, disseminate to bond-

25

ing agents and sureties, and maintain on a

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1

current basis a secure nationwide toll-free

2

list of telephone numbers of Department of

3

Homeland Security officials, including the

4

names of such officials, that bonding

5

agents, sureties, and their employees may

6

immediately contact at any time to discuss

7

and resolve any issue regarding any prin-

8

cipal or bond, to be known as ‘Points of

9

Contact’.

10

‘‘(iv) A bonding agent or surety shall

11

have full and complete access, free of

12

charge, to any and all information, elec-

13

tronic or otherwise, in the care, custody,

14

and control of the United States Govern-

15

ment or any State or local government or

16

any subsidiary or police agency thereof re-

17

garding the principal that may be helpful

18

in complying with section 105 of the

19

REAL ID Act of 2005 that the Secretary

20

of Homeland Security, by regulations sub-

21

ject to approval by Congress, determines

22

may be helpful in locating or surrendering

23

the principal. Beyond the principal, a

24

bonding agent or surety shall not be re-

25

quired to disclose any information, includ-

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1

ing but not limited to the arrest warrant

2

and order, received from any governmental

3

source, any person, firm, corporation, or

4

other entity.

5

‘‘(v) If the principal is later arrested,

6

detained, or otherwise located outside the

7

United States and the outlying possessions

8

of the United States (as defined in section

9

101(a) of the Immigration and Nationality

10

Act), the Secretary of Homeland Security

11

shall—

12

‘‘(I) immediately order that the

13

surety is completely exonerated, and

14

the bond canceled; and

15

‘‘(II) if the Secretary of Home-

16

land Security has issued an order

17

under clause (i), the surety may re-

18

quest, by written, properly filed mo-

19

tion, reinstatement of the bond. This

20

subclause may not be construed to

21

prevent the Secretary of Homeland

22

Security from revoking or resetting a

23

bond at a higher amount.

24

‘‘(vi) The bonding agent or surety

25

must—

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1

‘‘(I) during the 15 months after

2

the date the arrest warrant and order

3

were

4

(i)(III) surrender the principal one

5

time; or

mailed

pursuant

to

clause

6

‘‘(II)(aa) provide reasonable evi-

7

dence that producing the principal

8

was prevented—

9

‘‘(aaa) by the principal’s ill-

10

ness or death;

11

‘‘(bbb) because the principal

12

is detained in custody in any city,

13

State, country, or any political

14

subdivision thereof;

15

‘‘(ccc) because the principal

16

has left the United States or its

17

outlying possessions (as defined

18

in section 101(a) of the Immigra-

19

tion

20

U.S.C. 1101(a)); or

and

Nationality

Act

(8

21

‘‘(ddd) because required no-

22

tice was not given to the bonding

23

agent or surety; and

24

‘‘(bb) establish by affidavit that

25

the inability to produce the principal

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1

was not with the consent or conniv-

2

ance of the bonding agent or surety.

3

‘‘(vii) If compliance occurs more than

4

15 months but no more than 18 months

5

after the mailing of the arrest warrant and

6

order to the bonding agent and the surety

7

required under clause (i)(III), an amount

8

equal to 25 percent of the face amount of

9

the bond shall be assessed as a penalty

10

against the surety.

11

‘‘(viii) If compliance occurs more than

12

18 months but no more than 21 months

13

after the mailing of the arrest warrant and

14

order to the bonding agent and the surety

15

required under clause (i)(III), an amount

16

equal to 50 percent of the face amount of

17

the bond shall be assessed as a penalty

18

against the surety.

19

‘‘(ix) If compliance occurs more than

20

21 months but no more than 24 months

21

after the mailing of the arrest warrant and

22

order to the bonding agent and the surety

23

required under clause (i)(III), an amount

24

equal to 75 percent of the face amount of

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1

the bond shall be assessed as a penalty

2

against the surety.

3

‘‘(x) If compliance occurs 24 months

4

or more after the mailing of the arrest

5

warrant and order to the bonding agent

6

and the surety required under clause

7

(i)(III), an amount equal to 100 percent of

8

the face amount of the bond shall be as-

9

sessed as a penalty against the surety.

10

‘‘(xi) If any surety surrenders any

11

principal to the Secretary of Homeland Se-

12

curity at any time and place after the pe-

13

riod for compliance has passed, the Sec-

14

retary of Homeland Security shall cause to

15

be issued to that surety an amount equal

16

to 50 percent of the face amount of the

17

bond: Provided, however, That if that sur-

18

ety owes any penalties on bonds to the

19

United States, the amount that surety

20

would otherwise receive shall be offset by

21

and applied as a credit against the amount

22

of penalties on bonds it owes the United

23

States, and then that surety shall receive

24

the remainder of the amount to which it is

25

entitled under this subparagraph, if any.

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1

‘‘(xii) All penalties assessed against a

2

surety on a bond, if any, shall be paid by

3

the surety no more than 27 months after

4

the mailing of the arrest warrant and

5

order to the bonding agent and the surety

6

required under clause (i)(III).

7

‘‘(B) The Secretary of Homeland Security

8

may waive penalties or extend the period for

9

payment or both, if—

10

‘‘(i) a written request is filed with the

11

Secretary of Homeland Security; and

12

‘‘(ii) the bonding agent or surety pro-

13

vides an affidavit that diligent efforts were

14

made to effect compliance of the principal.

15

‘‘(C) COMPLIANCE; EXONERATION; LIMITA-

16

TION OF LIABILITY.—

17

‘‘(i) COMPLIANCE.—A bonding agent

18

or surety shall have the absolute right to

19

locate, apprehend, arrest, detain, and sur-

20

render any principal, wherever he or she

21

may be found, who violates any of the

22

terms and conditions of his or her bond.

23

‘‘(ii) EXONERATION.—Upon satisfying

24

any of the requirements of the bond, the

25

surety shall be completely exonerated.

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1

‘‘(iii) LIMITATION

OF

LIABILITY.—

2

Notwithstanding any other provision of

3

law, the total liability on any surety under-

4

taking shall not exceed the face amount of

5

the bond.’’.

6

(c) EFFECTIVE DATE.—The provisions of this section

7 shall take effect on the date of the enactment of this Act
8 and shall apply to bonds and surety undertakings executed
9 before, on, or after the date of the enactment of this Act.
10

SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

11

(a) IN GENERAL.—Section 236(a)(2) of the Immi-

12 gration and Nationality Act (8 U.S.C. 1226(a)(2)) is
13 amended to read as follows:
14

‘‘(2) subject to such reasonable regulations as

15

the Secretary of Homeland Security may prescribe,

16

shall permit agents, servants, and employees of cor-

17

porate sureties to visit in person with individuals de-

18

tained by the Secretary of and, subject to section

19

241(a)(8), may release the alien on a delivery bond

20

of at least $10,000, with security approved by the

21

Secretary, and containing conditions and procedures

22

prescribed by section 105 of the REAL ID Act of

23

2005 and by the Secretary, but the Secretary shall

24

not release the alien on or to his own recognizance

25

unless an order of an immigration judge expressly

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1

finds and states in a signed order to release the

2

alien to his own recognizance that the alien is not

3

a flight risk and is not a threat to the United

4

States’’.

5

(b) REPEAL.—Section 286(r) of the Immigration and

6 Nationality Act (8 U.S.C. 1356(r)) is repealed.
7

(c) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall take effect on the date of the enact9 ment of this Act.
10

SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDS-

11
12

MEN.

(a) IN GENERAL.—Section 241(a) of the Immigra-

13 tion and Nationality Act (8 U.S.C. 1231(a)) is amended
14 by adding at the end the following:
15

‘‘(8) EFFECT OF PRODUCTION OF ALIEN BY

16

BONDSMAN.—Notwithstanding

17

of law, the Secretary of Homeland Security shall

18

take into custody any alien subject to a final order

19

of removal, and cancel any bond previously posted

20

for the alien, if the alien is produced within the pre-

21

scribed time limit by the obligor on the bond wheth-

22

er or not the Department of Homeland Security ac-

23

cepts custody of the alien. The obligor on the bond

24

shall be deemed to have substantially performed all

25

conditions imposed by the terms of the bond, and

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any other provision

42
1

shall be released from liability on the bond, if the

2

alien is produced within such time limit.’’.

3

(b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall take effect on the date of the enact5 ment of this Act and shall apply to all immigration bonds
6 posted before, on, or after such date.

TITLE II—IMPROVED SECURITY
8
FOR DRIVERS’ LICENSES AND
9
PERSONAL IDENTIFICATION
10
CARDS
7

11
12

SEC. 201. DEFINITIONS.

In this title, the following definitions apply:

13

(1) DRIVER’S LICENSE.—The term ‘‘driver’s li-

14

cense’’ means a motor vehicle operator’s license, as

15

defined in section 30301 of title 49, United States

16

Code.

17

(2) IDENTIFICATION CARD.—The term ‘‘identi-

18

fication card’’ means a personal identification card,

19

as defined in section 1028(d) of title 18, United

20

States Code, issued by a State.

21
22

(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Homeland Security.

23

(4) STATE.—The term ‘‘State’’ means a State

24

of the United States, the District of Columbia, Puer-

25

to Rico, the Virgin Islands, Guam, American Samoa,

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1

the Northern Mariana Islands, the Trust Territory

2

of the Pacific Islands, and any other territory or

3

possession of the United States.

4

SEC.

202.

MINIMUM

DOCUMENT

REQUIREMENTS

AND

5

ISSUANCE STANDARDS FOR FEDERAL REC-

6

OGNITION.

7

(a) MINIMUM STANDARDS FOR FEDERAL USE.—

8

(1) IN GENERAL.—Beginning 3 years after the

9

date of the enactment of this Act, a Federal agency

10

may not accept, for any official purpose, a driver’s

11

license or identification card issued by a State to

12

any person unless the State is meeting the require-

13

ments of this section.

14

(2) STATE

CERTIFICATIONS.—The

Secretary

15

shall determine whether a State is meeting the re-

16

quirements of this section based on certifications

17

made by the State to the Secretary of Transpor-

18

tation. Such certifications shall be made at such

19

times and in such manner as the Secretary of

20

Transportation, in consultation with the Secretary of

21

Homeland Security, may prescribe by regulation.

22

(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet

23 the requirements of this section, a State shall include, at
24 a minimum, the following information and features on

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1 each driver’s license and identification card issued to a
2 person by the State:
3

(1) The person’s full legal name.

4

(2) The person’s date of birth.

5

(3) The person’s gender.

6

(4) The person’s driver’s license or identifica-

7

tion card number.

8

(5) A digital photograph of the person.

9

(6) The person’s address of principle residence.

10

(7) The person’s signature.

11

(8) Physical security features designed to pre-

12

vent tampering, counterfeiting, or duplication of the

13

document for fraudulent purposes.

14

(9) A common machine-readable technology,

15

with defined minimum data elements.

16

(c) MINIMUM ISSUANCE STANDARDS.—

17

(1) IN GENERAL.—To meet the requirements of

18

this section, a State shall require, at a minimum,

19

presentation and verification of the following infor-

20

mation before issuing a driver’s license or identifica-

21

tion card to a person:

22

(A) A photo identity document, except that

23

a non-photo identity document is acceptable if

24

it includes both the person’s full legal name and

25

date of birth.

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1
2

(B) Documentation showing the person’s
date of birth.

3

(C) Proof of the person’s social security

4

account number or verification that the person

5

is not eligible for a social security account num-

6

ber.

7

(D) Documentation showing the person’s

8

name and address of principal residence.

9

(2) SPECIAL REQUIREMENTS.—

10

(A) IN GENERAL.—To meet the require-

11

ments of this section, a State shall comply with

12

the minimum standards of this paragraph.

13

(B) EVIDENCE OF LAWFUL STATUS.—A

14

State shall require, before issuing a driver’s li-

15

cense or identification card to a person, valid

16

documentary evidence that the person—

17

(i) is a citizen of the United States;

18

(ii) is an alien lawfully admitted for

19

permanent or temporary residence in the

20

United States;

21

(iii) has conditional permanent resi-

22

dent status in the United States;

23

(iv) has an approved application for

24

asylum in the United States or has entered

25

into the United States in refugee status;

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1

(v) has a valid, unexpired non-

2

immigrant visa or nonimmigrant visa sta-

3

tus for entry into the United States;

4

(vi) has a pending application for asy-

5

lum in the United States;

6

(vii) has a pending or approved appli-

7

cation for temporary protected status in

8

the United States;

9

(viii) has approved deferred action

10

status; or

11

(ix) has a pending application for ad-

12

justment of status to that of an alien law-

13

fully admitted for permanent residence in

14

the United States or conditional perma-

15

nent resident status in the United States.

16

(C) TEMPORARY DRIVERS’ LICENSES AND

17

IDENTIFICATION CARDS.—

18

(i) IN GENERAL.—If a person pre-

19

sents evidence under any of clauses (v)

20

through (ix) of subparagraph (B), the

21

State may only issue a temporary driver’s

22

license or temporary identification card to

23

the person.

24

(ii) EXPIRATION DATE.—A temporary

25

driver’s license or temporary identification

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1

card issued pursuant to this subparagraph

2

shall be valid only during the period of

3

time of the applicant’s authorized stay in

4

the United States or, if there is no definite

5

end to the period of authorized stay, a pe-

6

riod of one year.

7

(iii)

DISPLAY

OF

EXPIRATION

8

DATE.—A

9

temporary identification card issued pursu-

10

ant to this subparagraph shall clearly indi-

11

cate that it is temporary and shall state

12

the date on which it expires.

temporary driver’s license or

13

(iv) RENEWAL.—A temporary driver’s

14

license or temporary identification card

15

issued pursuant to this subparagraph may

16

be renewed only upon presentation of valid

17

documentary evidence that the status by

18

which the applicant qualified for the tem-

19

porary driver’s license or temporary identi-

20

fication card has been extended by the Sec-

21

retary of Homeland Security.

22

(3) VERIFICATION OF DOCUMENTS.—To meet

23

the requirements of this section, a State shall imple-

24

ment the following procedures:

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1

(A) Before issuing a driver’s license or

2

identification card to a person, the State shall

3

verify, with the issuing agency, the issuance, va-

4

lidity, and completeness of each document re-

5

quired to be presented by the person under

6

paragraph (1) or (2).

7

(B) The State shall not accept any foreign

8

document, other than an official passport, to

9

satisfy a requirement of paragraph (1) or (2).

10

(C) Not later than September 11, 2005,

11

the State shall enter into a memorandum of un-

12

derstanding with the Secretary of Homeland

13

Security to routinely utilize the automated sys-

14

tem known as Systematic Alien Verification for

15

Entitlements, as provided for by section 404 of

16

the Illegal Immigration Reform and Immigrant

17

Responsibility Act of 1996 (110 Stat. 3009–

18

664), to verify the legal presence status of a

19

person, other than a United States citizen, ap-

20

plying for a driver’s license or identification

21

card.

22

(d) OTHER REQUIREMENTS.—To meet the require-

23 ments of this section, a State shall adopt the following
24 practices in the issuance of drivers’ licenses and identifica25 tion cards:

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1

(1) Employ technology to capture digital images

2

of identity source documents so that the images can

3

be retained in electronic storage in a transferable

4

format.

5

(2) Retain paper copies of source documents for

6

a minimum of 7 years or images of source docu-

7

ments presented for a minimum of 10 years.

8

(3) Subject each person applying for a driver’s

9

license or identification card to mandatory facial

10

image capture.

11
12

(4) Establish an effective procedure to confirm
or verify a renewing applicant’s information.

13

(5) Confirm with the Social Security Adminis-

14

tration a social security account number presented

15

by a person using the full social security account

16

number. In the event that a social security account

17

number is already registered to or associated with

18

another person to which any State has issued a driv-

19

er’s license or identification card, the State shall re-

20

solve the discrepancy and take appropriate action.

21

(6) Refuse to issue a driver’s license or identi-

22

fication card to a person holding a driver’s license

23

issued by another State without confirmation that

24

the person is terminating or has terminated the driv-

25

er’s license.

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1

(7) Ensure the physical security of locations

2

where drivers’ licenses and identification cards are

3

produced and the security of document materials

4

and papers from which drivers’ licenses and identi-

5

fication cards are produced.

6

(8) Subject all persons authorized to manufac-

7

ture or produce drivers’ licenses and identification

8

cards to appropriate security clearance requirements.

9

(9) Establish fraudulent document recognition

10

training programs for appropriate employees en-

11

gaged in the issuance of drivers’ licenses and identi-

12

fication cards.

13

(10) Limit the period of validity of all driver’s

14

licenses and identification cards that are not tem-

15

porary to a period that does not exceed 8 years.

16
17

SEC. 203. LINKING OF DATABASES.

(a) IN GENERAL.—To be eligible to receive any grant

18 or other type of financial assistance made available under
19 this title, a State shall participate in the interstate com20 pact regarding sharing of driver license data, known as
21 the ‘‘Driver License Agreement’’, in order to provide elec22 tronic access by a State to information contained in the
23 motor vehicle databases of all other States.

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1

(b) REQUIREMENTS FOR INFORMATION.—A State

2 motor vehicle database shall contain, at a minimum, the
3 following information:
4
5

(1) All data fields printed on drivers’ licenses
and identification cards issued by the State.

6

(2) Motor vehicle drivers’ histories, including

7

motor vehicle violations, suspensions, and points on

8

licenses.

9

SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES

10

FOR USE IN FALSE IDENTIFICATION DOCU-

11

MENTS.

12

(a) CRIMINAL PENALTY.—Section 1028(a)(8) of title

13 18, United States Code, is amended by striking ‘‘false au14 thentication features’’ and inserting ‘‘false or actual au15 thentication features’’.
16
17

(b) USE OF FALSE DRIVER’S LICENSE AT AIRPORTS.—

18

(1) IN GENERAL.—The Secretary shall enter,

19

into the appropriate aviation security screening

20

database, appropriate information regarding any

21

person convicted of using a false driver’s license at

22

an airport (as such term is defined in section 40102

23

of title 49, United States Code).

24

(2) FALSE DEFINED.—In this subsection, the

25

term ‘‘false’’ has the same meaning such term has

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1

under section 1028(d) of title 18, United States

2

Code.

3
4

SEC. 205. GRANTS TO STATES.

(a) IN GENERAL.—The Secretary may make grants

5 to a State to assist the State in conforming to the min6 imum standards set forth in this title.
7

(b) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to the Secretary for
9 each of the fiscal years 2005 through 2009 such sums as
10 may be necessary to carry out this title.
11

SEC. 206. AUTHORITY.

12

(a) PARTICIPATION OF SECRETARY OF TRANSPOR-

13

TATION AND STATES.—All authority to issue regulations,

14 set standards, and issue grants under this title shall be
15 carried out by the Secretary, in consultation with the Sec16 retary of Transportation and the States.
17

(b) COMPLIANCE WITH STANDARDS.—All authority

18 to certify compliance with standards under this title shall
19 be carried out by the Secretary of Transportation, in con20 sultation with the Secretary of Homeland Security and the
21 States.
22

(c) EXTENSIONS OF DEADLINES.—The Secretary

23 may grant to a State an extension of time to meet the
24 requirements of section 202(a)(1) if the State provides
25 adequate justification for noncompliance.

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1
2

SEC. 207. REPEAL.

Section 7212 of the Intelligence Reform and Ter-

3 rorism Prevention Act of 2004 (Public Law 108–458) is
4 repealed.
5
6

SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.

Nothing in this title shall be construed to affect the

7 authorities or responsibilities of the Secretary of Trans8 portation or the States under chapter 303 of title 49,
9 United States Code.

TITLE
III—BORDER
INFRA11
STRUCTURE
AND
TECH12
NOLOGY INTEGRATION
10

13
14

SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

(a) STUDY.—The Under Secretary of Homeland Se-

15 curity for Border and Transportation Security, in con16 sultation with the Under Secretary of Homeland Security
17 for Science and Technology and the Under Secretary of
18 Homeland Security for Information Analysis and Infra19 structure Protection, shall study the technology, equip20 ment,

and

personnel

needed

to

address

security

21 vulnerabilities within the United States for each field of22 fice of the Bureau of Customs and Border Protection that
23 has responsibility for any portion of the United States bor24 ders with Canada and Mexico. The Under Secretary shall
25 conduct follow-up studies at least once every 5 years.

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1

(b) REPORT TO CONGRESS.—The Under Secretary

2 shall submit a report to Congress on the Under Sec3 retary’s findings and conclusions from each study con4 ducted under subsection (a) together with legislative rec5 ommendations, as appropriate, for addressing any security
6 vulnerabilities found by the study.
7

(c) AUTHORIZATION

OF

APPROPRIATIONS.—There

8 are authorized to be appropriated to the Department of
9 Homeland Security Directorate of Border and Transpor10 tation Security such sums as may be necessary for fiscal
11 years 2006 through 2011 to carry out any such rec12 ommendations from the first study conducted under sub13 section (a).
14

SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES

15
16

FOR BORDER SECURITY.

(a) PILOT PROGRAM.—Not later than 180 days after

17 the date of the enactment of this Act, the Under Secretary
18 of Homeland Security for Science and Technology, in con19 sultation with the Under Secretary of Homeland Security
20 for Border and Transportation Security, the Under Sec21 retary of Homeland Security for Information Analysis and
22 Infrastructure Protection, and the Secretary of Defense,
23 shall develop a pilot program to utilize, or increase the
24 utilization of, ground surveillance technologies to enhance

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1 the border security of the United States. In developing the
2 program, the Under Secretary shall—
3

(1) consider various current and proposed

4

ground surveillance technologies that could be uti-

5

lized to enhance the border security of the United

6

States;

7

(2) assess the threats to the border security of

8

the United States that could be addressed by the

9

utilization of such technologies; and

10

(3) assess the feasibility and advisability of uti-

11

lizing such technologies to address such threats, in-

12

cluding an assessment of the technologies considered

13

best suited to address such threats.

14

(b) ADDITIONAL REQUIREMENTS.—

15

(1) IN GENERAL.—The pilot program shall in-

16

clude the utilization of a variety of ground surveil-

17

lance technologies in a variety of topographies and

18

areas (including both populated and unpopulated

19

areas) on both the northern and southern borders of

20

the United States in order to evaluate, for a range

21

of circumstances—

22

(A) the significance of previous experiences

23

with such technologies in homeland security or

24

critical infrastructure protection for the utiliza-

25

tion of such technologies for border security;

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1
2

(B) the cost, utility, and effectiveness of
such technologies for border security; and

3

(C) liability, safety, and privacy concerns

4

relating to the utilization of such technologies

5

for border security.

6

(2) TECHNOLOGIES.—The ground surveillance

7

technologies utilized in the pilot program shall in-

8

clude the following:

9

(A) Video camera technology.

10

(B) Sensor technology.

11

(C) Motion detection technology.

12

(c) IMPLEMENTATION.—The Under Secretary of

13 Homeland Security for Border and Transportation Secu14 rity shall implement the pilot program developed under
15 this section.
16

(d) REPORT.—Not later than 1 year after imple-

17 menting the pilot program under subsection (a), the
18 Under Secretary shall submit a report on the program to
19 the Senate Committee on Commerce, Science, and Trans20 portation, the House of Representatives Committee on
21 Science, the House of Representatives Committee on
22 Homeland Security, and the House of Representatives
23 Committee on the Judiciary. The Under Secretary shall
24 include in the report a description of the program together
25 with such recommendations as the Under Secretary finds

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1 appropriate, including recommendations for terminating
2 the program, making the program permanent, or enhanc3 ing the program.
4

SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRA-

5

TION AND INFORMATION SHARING ON BOR-

6

DER SECURITY.

7

(a) IN GENERAL.—Not later than 180 days after the

8 date of the enactment of this Act, the Secretary of Home9 land Security, acting through the Under Secretary of
10 Homeland Security for Border and Transportation Secu11 rity, in consultation with the Under Secretary of Home12 land Security for Science and Technology, the Under Sec13 retary of Homeland Security for Information Analysis and
14 Infrastructure Protection, the Assistant Secretary of Com15 merce for Communications and Information, and other ap16 propriate Federal, State, local, and tribal agencies, shall
17 develop and implement a plan—
18

(1) to improve the communications systems of

19

the departments and agencies of the Federal Gov-

20

ernment in order to facilitate the integration of com-

21

munications among the departments and agencies of

22

the Federal Government and State, local government

23

agencies, and Indian tribal agencies on matters re-

24

lating to border security; and

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1

(2) to enhance information sharing among the

2

departments and agencies of the Federal Govern-

3

ment, State and local government agencies, and In-

4

dian tribal agencies on such matters.

5

(b) REPORT.—Not later than 1 year after imple-

6 menting the plan under subsection (a), the Secretary shall
7 submit a copy of the plan and a report on the plan, includ8 ing any recommendations the Secretary finds appropriate,
9 to the Senate Committee on Commerce, Science, and
10 Transportation, the House of Representatives Committee
11 on Science, the House of Representatives Committee on
12 Homeland Security, and the House of Representatives
13 Committee on the Judiciary.
Passed the House of Representatives February 10,
2005.
Attest:

HR 418 RFS

JEFF TRANDAHL,
Clerk.