[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 418 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 418

   To establish and rapidly implement regulations for State driver's 
  license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
   terrorism-related grounds for inadmissibility and removal, and to 
     ensure expeditious construction of the San Diego border fence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2005

Mr. Sensenbrenner (for himself, Mr. Tom Davis of Virginia, Mr. Dreier, 
Mr. Hunter, Mr. Hyde, Mr. Hoekstra, Mr. Cox, Mr. Hostettler, Mr. Smith 
 of Texas, Mr. Coble, Mr. Chabot, Mr. Akin, Mr. Alexander, Mr. Bachus, 
     Mr. Baker, Mr. Barton of Texas, Mr. Bass, Mr. Bilirakis, Mrs. 
   Blackburn, Mr. Blunt, Mrs. Bono, Mr. Boozman, Mr. Bradley of New 
 Hampshire, Mr. Brady of Texas, Ms. Ginny Brown-Waite of Florida, Mr. 
 Burgess, Mr. Burton of Indiana, Mr. Buyer, Mr. Calvert, Mr. Camp, Mr. 
Cantor, Mrs. Capito, Mr. Carter, Mr. Chocola, Mr. Crenshaw, Mrs. Cubin, 
Mr. Culberson, Mr. Cunningham, Mr. Davis of Kentucky, Mrs. Jo Ann Davis 
     of Virginia, Mr. Davis of Tennessee, Mr. Deal of Georgia, Mr. 
   Doolittle, Mr. Duncan, Mrs. Emerson, Mr. Everett, Mr. Feeney, Mr. 
Foley, Mr. Forbes, Mr. Fossella, Ms. Foxx, Mr. Gallegly, Mr. Garrett of 
   New Jersey, Mr. Gillmor, Mr. Gingrey, Mr. Gohmert, Mr. Goode, Mr. 
    Goodlatte, Mr. Green of Wisconsin, Mr. Gutknecht, Ms. Hart, Mr. 
  Hayworth, Mr. Hensarling, Mr. Herger, Mr. Issa, Mr. Istook, Mr. Sam 
Johnson of Texas, Mr. Jones of North Carolina, Mr. Keller, Mr. Kennedy 
 of Minnesota, Mr. King of Iowa, Mr. Kingston, Mr. Kline, Mr. Lewis of 
California, Mr. Lewis of Kentucky, Mr. Linder, Mr. Daniel E. Lungren of 
 California, Mr. McCaul of Texas, Mr. McCrery, Mr. McHugh, Mr. McKeon, 
Mr. Manzullo, Mr. Miller of Florida, Mr. Gary G. Miller of California, 
Mrs. Musgrave, Mrs. Myrick, Mr. Neugebauer, Mrs. Northup, Mr. Norwood, 
   Mr. Nunes, Mr. Osborne, Mr. Otter, Mr. Pitts, Mr. Radanovich, Mr. 
      Ramstad, Mr. Rogers of Alabama, Mr. Rogers of Michigan, Mr. 
   Rohrabacher, Mr. Royce, Mr. Ryan of Wisconsin, Mr. Sessions, Mr. 
 Shadegg, Mr. Shaw, Mr. Shuster, Mr. Simpson, Mr. Souder, Mr. Stearns, 
 Mr. Sullivan, Mr. Sweeney, Mr. Tancredo, Mr. Turner, Mr. Thomas, Mr. 
  Wamp, Mr. Weldon of Florida, Mr. Wilson of South Carolina, and Mrs. 
    Drake) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Select Committee on 
      Homeland Security and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To establish and rapidly implement regulations for State driver's 
  license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
   terrorism-related grounds for inadmissibility and removal, and to 
     ensure expeditious construction of the San Diego border fence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``REAL ID Act of 2005''.

 TITLE I--AMENDMENTS TO FEDERAL LAWS TO PROTECT AGAINST TERRORIST ENTRY

SEC. 101. PREVENTING TERRORISTS FROM OBTAINING ASYLUM.

    (a) Conditions for Granting Asylum.--Section 208(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is amended--
            (1) by striking ``The Attorney General'' following the 
        paragraph heading and inserting the following:
                    ``(A) Eligibility.--The Secretary of Homeland 
                Security or the Attorney General'';
            (2) by striking ``the Attorney General'' each place such 
        term appears and inserting ``the Secretary of Homeland Security 
        or the Attorney General''; and
            (3) by adding at the end the following:
                    ``(B) Burden of proof.--
                            ``(i) In general.--The burden of proof is 
                        on the applicant to establish that the 
                        applicant is a refugee, within the meaning of 
                        section 101(a)(42)(A). To establish that the 
                        applicant is a refugee, within the meaning of 
                        such section, the applicant must establish that 
                        race, religion, nationality, membership in a 
                        particular social group, or political opinion 
                        was or will be a central reason for persecuting 
                        the applicant.
                            ``(ii) Sustaining burden.--The testimony of 
                        the applicant may be sufficient to sustain the 
                        applicant's burden without corroboration, but 
                        only if the trier of fact determines that it is 
                        credible, is persuasive, and refers to specific 
                        facts that demonstrate that the applicant is a 
                        refugee. In determining whether the applicant 
                        has met the applicant's burden, the trier of 
                        fact is entitled to weigh the credible 
                        testimony along with other evidence of record. 
                        Where the trier of fact determines, in the 
                        trier of fact's discretion, that the applicant 
                        should provide evidence which corroborates 
                        otherwise credible testimony, such evidence 
                        must be provided unless the applicant does not 
                        have the evidence or cannot obtain the evidence 
                        without departing the United States. The 
                        inability to obtain corroborating evidence does 
                        not excuse the applicant from meeting the 
                        applicant's burden of proof.
                            ``(iii) Credibility determination.--The 
                        credibility determination of the trier of fact 
                        may, in the trier of fact's discretion, be 
                        based, in addition to other factors, on the 
                        demeanor, candor, or responsiveness of the 
                        applicant or witness, the inherent plausibility 
                        of the applicant's or witness' account, the 
                        consistency between the applicant's or witness' 
                        written and oral statements, made at any time 
                        and whether or not under oath, the internal 
                        consistency of each such statement, the 
                        consistency of such statements with the country 
                        conditions in the country from which the 
                        applicant claims asylum, and any inaccuracies 
                        or falsehoods in such statements.''.
    (b) Withholding of Removal.--Section 241(b)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the 
end the following:
                    ``(C) Sustaining burden of proof; credibility 
                determinations.--In determining whether an alien has 
                demonstrated that the alien's life or freedom would be 
                threatened for a reason described in subparagraph (A), 
                the trier of fact shall determine whether the alien has 
                sustained the alien's burden of proof, and shall make 
                credibility determinations, in the manner described in 
                clauses (ii) and (iii) of section 208(b)(1)(B).''.
    (c) Standard of Review for Orders of Removal.--Section 242(b)(4) of 
the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by 
adding at the end, after the final subparagraph, the following:
        ``No court shall reverse a determination made by a trier of 
        fact with respect to the availability of corroborating 
        evidence, as described in section 208(b)(1)(B) or 241(b)(3)(C), 
        unless the court finds that a reasonable trier of fact is 
        compelled to conclude that such corroborating evidence is 
        unavailable.''.
    (d) Clarification of Discretion.--Section 242(a)(2)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended--
            (1) in the matter preceding clause (i), by inserting ``and 
        regardless of whether the judgment, decision, or action is made 
        in removal proceedings,'' after ``other provision of law,''; 
        and
            (2) in clause (ii), by inserting ``or the Secretary of 
        Homeland Security'' after ``Attorney General'' each place such 
        term appears.
    (e) Effective Dates.--
            (1) The amendments made by paragraphs (1) and (2) of 
        subsection (a) shall take effect as if enacted on March 1, 
        2003.
            (2) The amendments made by subsections (a)(3) and (b) shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for asylum or withholding made on or 
        after such date.
            (3) The amendment made by subsection (c) shall take effect 
        on the date of the enactment of this Act and shall apply to all 
        cases in which the final administrative removal order was 
        issued before, on, or after such date.
            (4) The amendments made by subsection (d) shall take effect 
        on the date of the enactment of this Act and shall apply to all 
        cases pending before any court on or after such date.
    (f) Repeal.--Section 5403 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) is repealed.

SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT 
              BORDERS.

    Section 102(c) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as 
follows:
    ``(c) Waiver.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall have the 
        authority to waive, and shall waive, all laws such Secretary, 
        in such Secretary's sole discretion, determines necessary to 
        ensure expeditious construction of the barriers and roads under 
        this section.
            ``(2) No judicial review.--Notwithstanding any other 
        provision of law (statutory or nonstatutory), no court shall 
        have jurisdiction--
                    ``(A) to hear any cause or claim arising from any 
                action undertaken, or any decision made, by the 
                Secretary of Homeland Security pursuant to paragraph 
                (1); or
                    ``(B) to order compensatory, declaratory, 
                injunctive, equitable, or any other relief for damage 
                alleged to arise from any such action or decision.''.

SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED 
              ACTIVITIES.

    (a) In General.--Section 212(a)(3)(B)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended to read as 
follows:
                            ``(i) In general.--Any alien who--
                                    ``(I) has engaged in a terrorist 
                                activity;
                                    ``(II) a consular officer, the 
                                Attorney General, or the Secretary of 
                                Homeland Security knows, or has 
                                reasonable ground to believe, is 
                                engaged in or is likely to engage after 
                                entry in any terrorist activity (as 
                                defined in clause (iv));
                                    ``(III) has, under circumstances 
                                indicating an intention to cause death 
                                or serious bodily harm, incited 
                                terrorist activity;
                                    ``(IV) is a representative (as 
                                defined in clause (v)) of--
                                            ``(aa) a terrorist 
                                        organization; or
                                            ``(bb) a political, social, 
                                        or other group that endorses or 
                                        espouses terrorist activity;
                                    ``(V) is a member of a terrorist 
                                organization described in subclause (I) 
                                or (II) of clause (vi);
                                    ``(VI) is a member of a terrorist 
                                organization described in clause 
                                (vi)(III), unless the alien can 
                                demonstrate by clear and convincing 
                                evidence that the alien did not know, 
                                and should not reasonably have known, 
                                that the organization was a terrorist 
                                organization;
                                    ``(VII) endorses or espouses 
                                terrorist activity or persuades others 
                                to endorse or espouse terrorist 
                                activity or support a terrorist 
                                organization;
                                    ``(VIII) has received military-type 
                                training (as defined in section 
                                2339D(c)(1) of title 18, United States 
                                Code) from or on behalf of any 
                                organization that, at the time the 
                                training was received, was a terrorist 
                                organization; or
                                    ``(IX) is the spouse or child of an 
                                alien who is inadmissible under this 
                                subparagraph, if the activity causing 
                                the alien to be found inadmissible 
                                occurred within the last 5 years,
                        is inadmissible. An alien who is an officer, 
                        official, representative, or spokesman of the 
                        Palestine Liberation Organization is 
                        considered, for purposes of this Act, to be 
                        engaged in a terrorist activity.''.
    (b) Engage in Terrorist Activity Defined.--Section 212(a)(3)(B)(iv) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is 
amended to read as follows:
                            ``(iv) Engage in terrorist activity 
                        defined.--As used in this subparagraph, the 
                        term `engage in terrorist activity' means, in 
                        an individual capacity or as a member of an 
                        organization--
                                    ``(I) to commit or to incite to 
                                commit, under circumstances indicating 
                                an intention to cause death or serious 
                                bodily injury, a terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;
                                    ``(III) to gather information on 
                                potential targets for terrorist 
                                activity;
                                    ``(IV) to solicit funds or other 
                                things of value for--
                                            ``(aa) a terrorist 
                                        activity;
                                            ``(bb) a terrorist 
                                        organization described in 
                                        clause (vi)(I) or (vi)(II); or
                                            ``(cc) a terrorist 
                                        organization described in 
                                        clause (vi)(III), unless the 
                                        solicitor can demonstrate by 
                                        clear and convincing evidence 
                                        that he did not know, and 
                                        should not reasonably have 
                                        known, that the organization 
                                        was a terrorist organization;
                                    ``(V) to solicit any individual--
                                            ``(aa) to engage in conduct 
                                        otherwise described in this 
                                        clause;
                                            ``(bb) for membership in a 
                                        terrorist organization 
                                        described in clause (vi)(I) or 
                                        (vi)(II); or
                                            ``(cc) for membership in a 
                                        terrorist organization 
                                        described in clause (vi)(III), 
                                        unless the solicitor can 
                                        demonstrate by clear and 
                                        convincing evidence that he did 
                                        not know, and should not 
                                        reasonably have known, that the 
                                        organization was a terrorist 
                                        organization; or
                                    ``(VI) to commit an act that the 
                                actor knows, or reasonably should know, 
                                affords material support, including a 
                                safe house, transportation, 
                                communications, funds, transfer of 
                                funds or other material financial 
                                benefit, false documentation or 
                                identification, weapons (including 
                                chemical, biological, or radiological 
                                weapons), explosives, or training--
                                            ``(aa) for the commission 
                                        of a terrorist activity;
                                            ``(bb) to any individual 
                                        who the actor knows, or 
                                        reasonably should know, has 
                                        committed or plans to commit a 
                                        terrorist activity;
                                            ``(cc) to a terrorist 
                                        organization described in 
                                        subclause (I) or (II) of clause 
                                        (vi); or
                                            ``(dd) to a terrorist 
                                        organization described in 
                                        clause (vi)(III), unless the 
                                        actor can demonstrate by clear 
                                        and convincing evidence that 
                                        the actor did not know, and 
                                        should not reasonably have 
                                        known, that the organization 
                                        was a terrorist 
                                        organization.''.
    (c) Terrorist Organization Defined.--Section 212(a)(3)(B)(vi) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)) is 
amended to read as follows:
                            ``(vi) Terrorist organization defined.--As 
                        used in this section, the term `terrorist 
                        organization' means an organization--
                                    ``(I) designated under section 219;
                                    ``(II) otherwise designated, upon 
                                publication in the Federal Register, by 
                                the Secretary of State in consultation 
                                with or upon the request of the 
                                Attorney General or the Secretary of 
                                Homeland Security, as a terrorist 
                                organization, after finding that the 
                                organization engages in the activities 
                                described in subclauses (I) through 
                                (VI) of clause (iv); or
                                    ``(III) that is a group of two or 
                                more individuals, whether organized or 
                                not, which engages in, or has a 
                                subgroup which engages in, the 
                                activities described in subclauses (I) 
                                through (VI) of clause (iv).''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to--
            (1) removal proceedings instituted before, on, or after the 
        date of the enactment of this Act; and
            (2) acts and conditions constituting a ground for 
        inadmissibility occurring or existing before, on, or after such 
        date.

SEC. 104. REMOVAL OF TERRORISTS.

    (a) In General.--
            (1) In general.--Section 237(a)(4)(B) (8 U.S.C. 
        1227(a)(4)(B)) is amended to read as follows:
                    ``(B) Terrorist activities.--Any alien who would be 
                considered inadmissible pursuant to subparagraph (B) or 
                (F) of section 212(a)(3) is deportable.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to acts and conditions constituting a ground for 
        removal occurring or existing before, on, or after such date.
    (b) Repeal.--Effective as of the date of the enactment of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 
108-458), section 5402 of such Act is repealed, and the Immigration and 
Nationality Act shall be applied as if such section had not been 
enacted.

    TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL 
                          IDENTIFICATION CARDS

SEC. 201. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Driver's license.--The term ``driver's license'' means 
        a motor vehicle operator's license, as defined in section 30301 
        of title 49, United States Code.
            (2) Identification card.--The term ``identification card'' 
        means a personal identification card, as defined in section 
        1028(d) of title 18, United States Code, issued by a State.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (4) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Northern Mariana Islands, 
        the Trust Territory of the Pacific Islands, and any other 
        territory or possession of the United States.

SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR 
              FEDERAL RECOGNITION.

    (a) Minimum Standards for Federal Use.--
            (1) In general.--Beginning 3 years after the date of the 
        enactment of this Act, a Federal agency may not accept, for any 
        official purpose, a driver's license or identification card 
        issued by a State to any person unless the State is meeting the 
        requirements of this section.
            (2) State certifications.--The Secretary shall determine 
        whether a State is meeting the requirements of this section 
        based on certifications made by the State to the Secretary. 
        Such certifications shall be made at such times and in such 
        manner as the Secretary, in consultation with the Secretary of 
        Transportation, may prescribe by regulation.
    (b) Minimum Document Requirements.--To meet the requirements of 
this section, a State shall include, at a minimum, the following 
information and features on each driver's license and identification 
card issued to a person by the State:
            (1) The person's full legal name.
            (2) The person's date of birth.
            (3) The person's gender.
            (4) The person's driver's license or identification card 
        number.
            (5) A digital photograph of the person.
            (6) The person's address of principle residence.
            (7) The person's signature.
            (8) Physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the document for 
        fraudulent purposes.
            (9) A common machine-readable technology, with defined 
        minimum data elements.
    (c) Minimum Issuance Standards.--
            (1) In general.--To meet the requirements of this section, 
        a State shall require, at a minimum, presentation and 
        verification of the following information before issuing a 
        driver's license or identification card to a person:
                    (A) A photo identity document, except that a non-
                photo identity document is acceptable if it includes 
                both the person's full legal name and date of birth.
                    (B) Documentation showing the person's date of 
                birth.
                    (C) Proof of the person's social security account 
                number or verification that the person is not eligible 
                for a social security account number.
                    (D) Documentation showing the person's name and 
                address of principal residence.
            (2) Special requirements.--
                    (A) In general.--To meet the requirements of this 
                section, a State shall comply with the minimum 
                standards of this paragraph.
                    (B) Evidence of lawful status.--A State shall 
                require, before issuing a driver's license or 
                identification card to a person, valid documentary 
                evidence that the person--
                            (i) is a citizen of the United States;
                            (ii) is an alien lawfully admitted for 
                        permanent or temporary residence in the United 
                        States;
                            (iii) has conditional permanent resident 
                        status in the United States;
                            (iv) has an approved application for asylum 
                        in the United States or has entered into the 
                        United States in refugee status;
                            (v) has a valid, unexpired nonimmigrant 
                        visa or nonimmigrant visa status for entry into 
                        the United States;
                            (vi) has a pending application for asylum 
                        in the United States;
                            (vii) has a pending or approved application 
                        for temporary protected status in the United 
                        States;
                            (viii) has approved deferred action status; 
                        or
                            (ix) has a pending application for 
                        adjustment of status to that of an alien 
                        lawfully admitted for permanent residence in 
                        the United States or conditional permanent 
                        resident status in the United States.
                    (C) Temporary drivers' licenses and identification 
                cards.--
                            (i) In general.--If a person presents 
                        evidence under any of clauses (v) through (ix) 
                        of subparagraph (B), the State may only issue a 
                        temporary driver's license or temporary 
                        identification card to the person.
                            (ii) Expiration date.--A temporary driver's 
                        license or temporary identification card issued 
                        pursuant to this subparagraph shall be valid 
                        only during the period of time of the 
                        applicant's authorized stay in the United 
                        States or, if there is no definite end to the 
                        period of authorized stay, a period of one 
                        year.
                            (iii) Display of expiration date.--A 
                        temporary driver's license or temporary 
                        identification card issued pursuant to this 
                        subparagraph shall clearly indicate that it is 
                        temporary and shall state the date on which it 
                        expires.
                            (iv) Renewal.--A temporary driver's license 
                        or temporary identification card issued 
                        pursuant to this subparagraph may be renewed 
                        only upon presentation of valid documentary 
                        evidence that the status by which the applicant 
                        qualified for the temporary driver's license or 
                        temporary identification card has been extended 
                        by the Secretary of Homeland Security.
            (3) Verification of documents.--To meet the requirements of 
        this section, a State shall implement the following procedures:
                    (A) Before issuing a driver's license or 
                identification card to a person, the State shall 
                verify, with the issuing agency, the issuance, 
                validity, and completeness of each document required to 
                be presented by the person under paragraph (1) or (2).
                    (B) The State shall not accept any foreign 
                document, other than an official passport, to satisfy a 
                requirement of paragraph (1) or (2).
                    (C) Not later than September 11, 2005, the State 
                shall enter into a memorandum of understanding with the 
                Secretary of Homeland Security to routinely utilize the 
                automated system known as Systematic Alien Verification 
                for Entitlements, as provided for by section 404 of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (110 Stat. 3009-664), to verify the legal 
                presence status of a person, other than a United States 
                citizen, applying for a driver's license or 
                identification card.
    (d) Other Requirements.--To meet the requirements of this section, 
a State shall adopt the following practices in the issuance of drivers' 
licenses and identification cards:
            (1) Employ technology to capture digital images of identity 
        source documents so that the images can be retained in 
        electronic storage in a transferable format.
            (2) Retain paper copies of source documents for a minimum 
        of 7 years or images of source documents presented for a 
        minimum of 10 years.
            (3) Subject each person applying for a driver's license or 
        identification card to mandatory facial image capture.
            (4) Establish an effective procedure to confirm or verify a 
        renewing applicant's information.
            (5) Confirm with the Social Security Administration a 
        social security account number presented by a person using the 
        full social security account number. In the event that a social 
        security account number is already registered to or associated 
        with another person to which any State has issued a driver's 
        license or identification card, the State shall resolve the 
        discrepancy and take appropriate action.
            (6) Refuse to issue a driver's license or identification 
        card to a person holding a driver's license issued by another 
        State without confirmation that the person is terminating or 
        has terminated the driver's license.
            (7) Ensure the physical security of locations where 
        drivers' licenses and identification cards are produced and the 
        security of document materials and papers from which drivers' 
        licenses and identification cards are produced.
            (8) Subject all persons authorized to manufacture or 
        produce drivers' licenses and identification cards to 
        appropriate security clearance requirements.
            (9) Establish fraudulent document recognition training 
        programs for appropriate employees engaged in the issuance of 
        drivers' licenses and identification cards.
            (10) Limit the period of validity of all driver's licenses 
        and identification cards that are not temporary to a period 
        that does not exceed 8 years.
            (11) In any case in which the State issues a driver's 
        license or identification card that does not satisfy the 
        requirements of this section, ensure that such license or 
        identification card--
                    (A) clearly states on its face that it may not be 
                accepted by any Federal agency for any official 
                purpose; and
                    (B) uses a unique design or color indicator to 
                alert Federal agency and other law enforcement 
                personnel that it may not be accepted for any such 
                purpose.
    (e) Additional Powers of Secretary.--The Secretary, in the 
Secretary's discretion--
            (1) may, in addition to the requirements of subsection (b), 
        prescribe one or more design formats for driver's licenses and 
        identification cards that satisfy the requirements of this 
        section in order--
                    (A) to protect the national security interests of 
                the United States; and
                    (B) to allow for clear visual differentiation 
                between categories of driver's licenses and identity 
                cards (such as to differentiate between driver's 
                licenses valid for multi-year terms and temporary 
                driver's licenses); and
            (2) may, in addition to the limitations described in 
        subsections (c)(2)(C)(ii) and (d)(10), further limit the 
        validity period of driver's licenses and identification cards 
        in order to provide for periodic confirmation of principal 
        residence address and lawful presence in the United States in a 
        status described in subsection (c)(2)(B).

SEC. 203. LINKING OF DATABASES.

    (a) In General.--To be eligible to receive any grant or other type 
of financial assistance made available under this title, a State shall 
participate in the interstate compact regarding sharing of driver 
license data, known as the ``Driver License Agreement'', in order to 
provide electronic access by a State to information contained in the 
motor vehicle databases of all other States.
    (b) Requirements for Information.--A State motor vehicle database 
shall contain, at a minimum, the following information:
            (1) All data fields printed on drivers' licenses and 
        identification cards issued by the State.
            (2) Motor vehicle drivers' histories, including motor 
        vehicle violations, suspensions, and points on licenses.

SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE 
              IDENTIFICATION DOCUMENTS.

    Section 1028(a)(8) of title 18, United States Code, is amended by 
striking ``false authentication features'' and inserting ``false or 
actual authentication features''.

SEC. 205. GRANTS TO STATES.

    (a) In General.--The Secretary may make grants to a State to assist 
the State in conforming to the minimum standards set forth in this 
title.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2005 through 
2009 such sums as may be necessary to carry out this title.

SEC. 206. AUTHORITY.

    (a) Participation of Secretary of Transportation and States.--All 
authority to issue regulations, certify standards, and issue grants 
under this title shall be carried out by the Secretary, in consultation 
with the Secretary of Transportation and the States.
    (b) Extensions of Deadlines.--The Secretary may grant to a State an 
extension of time to meet the requirements of section 202(a)(1) if the 
State provides adequate justification for noncompliance.

SEC. 207. REPEAL.

    Section 7212 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458) is repealed.
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