[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 418 Referred in Senate (RFS)]

  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.

    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 RELIEF FROM REMOVAL.

    (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'' the first place 
        such term appears and inserting the following:
                    ``(A) Eligibility.--The Secretary of Homeland 
                Security or the Attorney General'';
            (2) by striking ``the Attorney General'' the second and 
        third places 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 applicant satisfies the trier of 
                        fact that the applicant's testimony is 
                        credible, is persuasive, and refers to specific 
                        facts sufficient to demonstrate that the 
                        applicant is a refugee. In determining whether 
                        the applicant has met the applicant's burden, 
                        the trier of fact may 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 and cannot reasonably 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 
                        trier of fact should consider all relevant 
                        factors and may, in the trier of fact's 
                        discretion, base the trier of fact's 
                        credibility determination on any such factor, 
                        including the demeanor, candor, or 
                        responsiveness of the applicant or witness, the 
                        inherent plausibility of the applicant's or 
                        witness's account, the consistency between the 
                        applicant's or witness's written and oral 
                        statements (whenever made and whether or not 
                        made under oath), the internal consistency of 
                        each such statement, the consistency of such 
                        statements with other evidence of record 
                        (including the reports of the Department of 
                        State on country conditions), and any 
                        inaccuracies or falsehoods in such statements, 
                        without regard to whether an inconsistency, 
                        inaccuracy, or falsehood goes to the heart of 
                        the applicant's claim. There is no presumption 
                        of credibility.''.
    (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) Other Requests for Relief From Removal.--Section 240(c) of the 
Immigration and Nationality Act (8 U.S.C. 1230(c)) is amended--
            (1) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Applications for relief from removal.--
                    ``(A) In general.--An alien applying for relief or 
                protection from removal has the burden of proof to 
                establish that the alien--
                            ``(i) satisfies the applicable eligibility 
                        requirements; and
                            ``(ii) with respect to any form of relief 
                        that is granted in the exercise of discretion, 
                        that the alien merits a favorable exercise of 
                        discretion.
                    ``(B) Sustaining burden.--The applicant must comply 
                with the applicable requirements to submit information 
                or documentation in support of the applicant's 
                application for relief or protection as provided by law 
                or by regulation or in the instructions for the 
                application form. In evaluating the testimony of the 
                applicant or other witness in support of the 
                application, the immigration judge will determine 
                whether or not the testimony is credible, is 
                persuasive, and refers to specific facts sufficient to 
                demonstrate that the applicant has satisfied the 
                applicant's burden of proof. In determining whether the 
                applicant has met such burden, the immigration judge 
                shall weigh the credible testimony along with other 
                evidence of record. Where the immigration judge 
                determines in the judge's discretion that the applicant 
                should provide evidence which corroborates otherwise 
                credible testimony, such evidence must be provided 
                unless the applicant demonstrates that the applicant 
                does not have the evidence and cannot reasonably obtain 
                the evidence without departing from the United States. 
                The inability to obtain corroborating evidence does not 
                excuse the applicant from meeting the burden of proof.
                    ``(C) Credibility determination.--The immigration 
                judge should consider all relevant factors and may, in 
                the judge's discretion, base the judge's credibility 
                determination on any such factor, including the 
                demeanor, candor, or responsiveness of the applicant or 
                witness, the inherent plausibility of the applicant's 
                or witness's account, the consistency between the 
                applicant's or witness's written and oral statements 
                (whenever made and whether or not made under oath), the 
                internal consistency of each such statement, the 
                consistency of such statements with other evidence of 
                record (including the reports of the Department of 
                State on country conditions), and any inaccuracies or 
                falsehoods in such statements, without regard to 
                whether an inconsistency, inaccuracy, or falsehood goes 
                to the heart of the applicant's claim. There is no 
                presumption of credibility.''.
    (d) 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 subparagraph (D), 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), 240(c)(4)(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.''.
    (e) 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) by inserting ``or the Secretary of Homeland Security'' 
        after ``Attorney General'' each place such term appears; and
            (2) 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,''.
    (f) Removal of Caps.--Section 209 of the Immigration and 
Nationality Act (8 U.S.C. 1159) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``Service'' and inserting 
                ``Department of Homeland Security''; and
                    (B) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security or the Attorney General'';
            (2) in subsection (b)--
                    (A) by striking ``Not more'' and all that follows 
                through ``asylum who--'' and inserting ``The Secretary 
                of Homeland Security or the Attorney General, in the 
                Secretary's or the Attorney General's discretion and 
                under such regulations as the Secretary or the Attorney 
                General may prescribe, may adjust to the status of an 
                alien lawfully admitted for permanent residence the 
                status of any alien granted asylum who--''; and
                    (B) in the matter following paragraph (5), by 
                striking ``Attorney General'' and inserting ``Secretary 
                of Homeland Security or the Attorney General''; and
            (3) in subsection (c), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security or the Attorney 
        General''.
    (g) 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), (b), and (c) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to applications for asylum, withholding, or other 
        removal made on or after such date.
            (3) The amendment made by subsection (d) 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 is or was 
        issued before, on, or after such date.
            (4) The amendments made by subsection (e) 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.
            (5) The amendments made by subsection (f) shall take effect 
        on the date of the enactment of this Act.
    (h) 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, 
        administrative agency, or other entity 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.--So much of section 212(a)(3)(B)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as precedes 
the final sentence 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 (as defined in 
                                        clause (vi)); 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 (as defined in clause 
                                (vi)); 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.''.
    (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 Act, 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 
                                        subsection;
                                            ``(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 to any member of such 
                                        an organization; or
                                            ``(dd) to a terrorist 
                                        organization described in 
                                        clause (vi)(III), or to any 
                                        member of such an organization, 
                                        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.
                        This clause shall not apply to any material 
                        support the alien afforded to an organization 
                        or individual that has committed terrorist 
                        activity, if the Secretary of State, after 
                        consultation with the Attorney General and the 
                        Secretary of Homeland Security, or the Attorney 
                        General, after consultation with the Secretary 
                        of State and the Secretary of Homeland 
                        Security, concludes in his sole unreviewable 
                        discretion, that this clause should not 
                        apply.''.
    (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 these amendments, 
and section 212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)), as amended by this section, 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, excludability, deportation, or removal 
        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) of the Immigration 
        and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to read 
        as follows:
                    ``(B) Terrorist activities.--Any alien who is 
                described in 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 
        the amendment, and section 237(a)(4)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1227(a)(4)(B)), as amended by such 
        paragraph, shall apply to--
                    (A) removal proceedings instituted before, on, or 
                after the date of the enactment of this Act; and
                    (B) acts and conditions constituting a ground for 
                inadmissibility, excludability, deportation, or 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.

SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

    (a) In General.--Section 242 of the Immigration and Nationality Act 
(8 U.S.C. 1252) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``(statutory or nonstatutory), including 
                        section 2241 of title 28, United States Code, 
                        or any other habeas corpus provision, and 
                        sections 1361 and 1651 of such title'' after 
                        ``Notwithstanding any other provision of law'';
                            (ii) in each of subparagraphs (B) and (C), 
                        by inserting ``(statutory or nonstatutory), 
                        including section 2241 of title 28, United 
                        States Code, or any other habeas corpus 
                        provision, and sections 1361 and 1651 of such 
                        title, and except as provided in subparagraph 
                        (D)'' after ``Notwithstanding any other 
                        provision of law''; and
                            (iii) by adding at the end the following:
                    ``(D) Judicial review of certain legal claims.--
                Nothing in subparagraph (B) or (C), or in any other 
                provision of this Act which limits or eliminates 
                judicial review, shall be construed as precluding 
                review of constitutional claims or pure questions of 
                law raised upon a petition for review filed with an 
                appropriate court of appeals in accordance with this 
                section.''; and
                    (B) by adding at the end the following:
            ``(4) Claims under the united nations convention.--
        Notwithstanding any other provision of law (statutory or 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and sections 
        1361 and 1651 of such title, a petition for review filed with 
        an appropriate court of appeals in accordance with this section 
        shall be the sole and exclusive means for judicial review of 
        any cause or claim under the United Nations Convention Against 
        Torture and Other Forms of Cruel, Inhuman, or Degrading 
        Treatment or Punishment, except as provided in subsection (e).
            ``(5) Exclusive means of review.--Notwithstanding any other 
        provision of law (statutory or nonstatutory), including section 
        2241 of title 28, United States Code, or any other habeas 
        corpus provision, and sections 1361 and 1651 of such title, a 
        petition for review filed with an appropriate court of appeals 
        in accordance with this section shall be the sole and exclusive 
        means for judicial review of an order of removal entered or 
        issued under any provision of this Act, except as provided in 
        subsection (e). For purposes of this Act, in every provision 
        that limits or eliminates judicial review or jurisdiction to 
        review, the terms `judicial review' and `jurisdiction to 
        review' include habeas corpus review pursuant to section 2241 
        of title 28, United States Code, or any other habeas corpus 
        provision, sections 1361 and 1651 of such title, and review 
        pursuant to any other provision of law (statutory or 
        nonstatutory).'';
            (2) in subsection (b)--
                    (A) in paragraph (3)(B), by inserting ``pursuant to 
                subsection (f)'' after ``unless''; and
                    (B) in paragraph (9), by adding at the end the 
                following: ``Except as otherwise provided in this 
                section, no court shall have jurisdiction, by habeas 
                corpus under section 2241 of title 28, United States 
                Code, or any other habeas corpus provision, by section 
                1361 or 1651 of such title, or by any other provision 
                of law (statutory or nonstatutory), to review such an 
                order or such questions of law or fact.''; and
            (3) in subsection (g), by inserting ``(statutory or 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and sections 
        1361 and 1651 of such title'' after ``notwithstanding any other 
        provision of law''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect upon the date of the enactment of this Act and shall apply 
to cases in which the final administrative order of removal, 
deportation, or exclusion was issued before, on, or after the date of 
the enactment of this Act.
    (c) Transfer of Cases.--If an alien's case, brought under section 
2241 of title 28, United States Code, and challenging a final 
administrative order of removal, deportation, or exclusion, is pending 
in a district court on the date of the enactment of this Act, then the 
district court shall transfer the case (or the part of the case that 
challenges the order of removal, deportation, or exclusion) to the 
court of appeals for the circuit in which a petition for review could 
have been properly filed under section 242(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1252), as amended by this section, or under 
section 309(c)(4)(D) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1101 note). The court of appeals 
shall treat the transferred case as if it had been filed pursuant to a 
petition for review under such section 242, except that subsection 
(b)(1) of such section shall not apply.
    (d) Transitional Rule Cases.--A petition for review filed under 
former section 106(a) of the Immigration and Nationality Act (as in 
effect before its repeal by section 306(b) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1252 note)) 
shall be treated as if it had been filed as a petition for review under 
section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), as 
amended by this section. Notwithstanding any other provision of law 
(statutory or nonstatutory), including section 2241 of title 28, United 
States Code, or any other habeas corpus provision, and sections 1361 
and 1651 of such title, such petition for review shall be the sole and 
exclusive means for judicial review of an order of deportation or 
exclusion.

SEC. 106. DELIVERY BONDS.

    (a) Definitions.--For purposes of this section:
            (1) Delivery bond.--The term ``delivery bond'' means a 
        written suretyship undertaking for the surrender of an 
        individual against whom the Department of Homeland Security has 
        issued an order to show cause or a notice to appear, the 
        performance of which is guaranteed by an acceptable surety on 
        Federal bonds.
            (2) Principal.--The term ``principal'' means an individual 
        who is the subject of a bond.
            (3) Suretyship undertaking.--The term ``suretyship 
        undertaking'' means a written agreement, executed by a bonding 
        agent on behalf of a surety, which binds all parties to its 
        certain terms and conditions and which provides obligations for 
        the principal and the surety while under the bond and penalties 
        for forfeiture to ensure the obligations of the principal and 
        the surety under the agreement.
            (4) Bonding agent.--The term ``bonding agent'' means any 
        individual properly licensed, approved, and appointed by power 
        of attorney to execute or countersign surety bonds in 
        connection with any matter governed by the Immigration and 
        Nationality Act as amended (8 U.S.C. 1101, et seq.), and who 
        receives a premium for executing or countersigning such surety 
        bonds.
            (5) Surety.--The term ``surety'' means an entity, as 
        defined by, and that is in compliance with, sections 9304 
        through 9308 of title 31, United States Code, that agrees--
                    (A) to guarantee the performance, where 
                appropriate, of the principal under a bond;
                    (B) to perform the bond as required; and
                    (C) to pay the face amount of the bond as a penalty 
                for failure to perform.
    (b) Validity, Agent not Co-Obligor, Expiration, Renewal, and 
Cancellation of Bonds.--
            (1) Validity.--Delivery bond undertakings are valid if such 
        bonds--
                    (A) state the full, correct, and proper name of the 
                alien principal;
                    (B) state the amount of the bond;
                    (C) are guaranteed by a surety and countersigned by 
                an agent who is properly appointed;
                    (D) bond documents are properly executed; and
                    (E) relevant bond documents are properly filed with 
                the Secretary of Homeland Security.
            (2) Bonding agent not co-obligor, party, or guarantor in 
        individual capacity, and no refusal if acceptable surety.--
        Section 9304(b) of title 31, United States Code, is amended by 
        adding at the end the following: ``Notwithstanding any other 
        provision of law, no bonding agent of a corporate surety shall 
        be required to execute bonds as a co-obligor, party, or 
        guarantor in an individual capacity on bonds provided by the 
        corporate surety, nor shall a corporate surety bond be refused 
        if the corporate surety appears on the current Treasury 
        Department Circular 570 as a company holding a certificate of 
        authority as an acceptable surety on Federal bonds and attached 
        to the bond is a currently valid instrument showing the 
        authority of the bonding agent of the surety company to execute 
        the bond.''.
            (3) Expiration.--A delivery bond undertaking shall expire 
        at the earliest of--
                    (A) 1 year from the date of issue;
                    (B) at the cancellation of the bond or surrender of 
                the principal; or
                    (C) immediately upon nonpayment of the renewal 
                premium.
            (4) Renewal.--Delivery bonds may be renewed annually, with 
        payment of proper premium to the surety, if there has been no 
        breach of conditions, default, claim, or forfeiture of the 
        bond. Notwithstanding any renewal, when the alien is 
        surrendered to the Secretary of Homeland Security for removal, 
        the Secretary shall cause the bond to be canceled.
            (5) Cancellation.--Delivery bonds shall be canceled and the 
        surety exonerated--
                    (A) for nonrenewal after the alien has been 
                surrendered to the Department of Homeland Security for 
                removal;
                    (B) if the surety or bonding agent provides 
                reasonable evidence that there was misrepresentation or 
                fraud in the application for the bond;
                    (C) upon the death or incarceration of the 
                principal, or the inability of the surety to produce 
                the principal for medical reasons;
                    (D) if the principal is detained by any law 
                enforcement agency of any State, county, city, or any 
                politial subdivision thereof;
                    (E) if it can be established that the alien 
                departed the United States of America for any reason 
                without permission of the Secretary of Homeland 
                Security, the surety, or the bonding agent;
                    (F) if the foreign state of which the principal is 
                a national is designated pursuant to section 244 of the 
                Act (8 U.S.C. 1254a) after the bond is posted; or
                    (G) if the principal is surrendered to the 
                Department of Homeland Security, removal by the surety 
                or the bonding agent.
            (6) Surrender of principal; forfeiture of bond premium.--
                    (A) Surrender.--At any time, before a breach of any 
                of the bond conditions, if in the opinion of the surety 
                or bonding agent, the principal becomes a flight risk, 
                the principal may be surrendered to the Department of 
                Homeland Security for removal.
                    (B) Forfeiture of bond premium.--A principal may be 
                surrendered without the return of any bond premium if 
                the principal--
                            (i) changes address without notifying the 
                        surety, the bonding agent, and the Secretary of 
                        Homeland Security in writing prior to such 
                        change;
                            (ii) hides or is concealed from a surety, a 
                        bonding agent, or the Secretary;
                            (iii) fails to report to the Secretary as 
                        required at least annually; or
                            (iv) violates the contract with the bonding 
                        agent or surety, commits any act that may lead 
                        to a breach of the bond, or otherwise violates 
                        any other obligation or condition of the bond 
                        established by the Secretary.
            (7) Certified copy of bond and arrest warrant to accompany 
        surrender.--
                    (A) In general.--A bonding agent or surety desiring 
                to surrender the principal--
                            (i) shall have the right to petition the 
                        Secretary of Homeland Security or any Federal 
                        court, without having to pay any fees or court 
                        costs, for an arrest warrant for the arrest of 
                        the principal;
                            (ii) shall forthwith be provided 2 
                        certified copies each of the arrest warrant and 
                        the bond undertaking, without having to pay any 
                        fees or courts costs; and
                            (iii) shall have the right to pursue, 
                        apprehend, detain, and surrender the principal, 
                        together with certified copies of the arrest 
                        warrant and the bond undertaking, to any 
                        Department of Homeland Security detention 
                        official or Department detention facility or 
                        any detention facility authorized to hold 
                        Federal detainees.
                    (B) Effects of delivery.--Upon surrender of a 
                principal under subparagraph (A)(iii)--
                            (i) the official to whom the principal is 
                        surrendered shall detain the principal in 
                        custody and issue a written certificate of 
                        surrender; and
                            (ii) the Secretary of Homeland Security 
                        shall immediately exonerate the surety from any 
                        further liability on the bond.
            (8) Form of bond.--Delivery bonds shall in all cases state 
        the following and be secured by a corporate surety that is 
        certified as an acceptable surety on Federal bonds and whose 
        name appears on the current Treasury Department Circular 570:
                    ``(A) Breach of bond; procedure, forfeiture, 
                notice.--
                            ``(i) If a principal violates any 
                        conditions of the delivery bond, or the 
                        principal is or becomes subject to a final 
                        administrative order of deportation or removal, 
                        the Secretary of Homeland Security shall--
                                    ``(I) immediately issue a warrant 
                                for the principal's arrest and enter 
                                that arrest warrant into the National 
                                Crime Information Center (NCIC) 
                                computerized information database;
                                    ``(II) order the bonding agent and 
                                surety to take the principal into 
                                custody and surrender the principal to 
                                any one of 10 designated Department of 
                                Homeland Security `turn-in' centers 
                                located nationwide in the areas of 
                                greatest need, at any time of day 
                                during 15 months after mailing the 
                                arrest warrant and the order to the 
                                bonding agent and the surety as 
                                required by subclause (III), and 
                                immediately enter that order into the 
                                National Crime Information Center 
                                (NCIC) computerized information 
                                database; and
                                    ``(III) mail 2 certified copies 
                                each of the arrest warrant issued 
                                pursuant to subclause (I) and 2 
                                certified copies each of the order 
                                issued pursuant to subclause (II) to 
                                only the bonding agent and surety via 
                                certified mail return receipt to their 
                                last known addresses.
                            ``(ii) Bonding agents and sureties shall 
                        immediately notify the Secretary of Homeland 
                        Security of their changes of address and/or 
                        telephone numbers.
                            ``(iii) The Secretary of Homeland Security 
                        shall establish, disseminate to bonding agents 
                        and sureties, and maintain on a current basis a 
                        secure nationwide toll-free list of telephone 
                        numbers of Department of Homeland Security 
                        officials, including the names of such 
                        officials, that bonding agents, sureties, and 
                        their employees may immediately contact at any 
                        time to discuss and resolve any issue regarding 
                        any principal or bond, to be known as `Points 
                        of Contact'.
                            ``(iv) A bonding agent or surety shall have 
                        full and complete access, free of charge, to 
                        any and all information, electronic or 
                        otherwise, in the care, custody, and control of 
                        the United States Government or any State or 
                        local government or any subsidiary or police 
                        agency thereof regarding the principal that may 
                        be helpful in complying with section 105 of the 
                        REAL ID Act of 2005 that the Secretary of 
                        Homeland Security, by regulations subject to 
                        approval by Congress, determines may be helpful 
                        in locating or surrendering the principal. 
                        Beyond the principal, a bonding agent or surety 
                        shall not be required to disclose any 
                        information, including but not limited to the 
                        arrest warrant and order, received from any 
                        governmental source, any person, firm, 
                        corporation, or other entity.
                            ``(v) If the principal is later arrested, 
                        detained, or otherwise located outside the 
                        United States and the outlying possessions of 
                        the United States (as defined in section 101(a) 
                        of the Immigration and Nationality Act), the 
                        Secretary of Homeland Security shall--
                                    ``(I) immediately order that the 
                                surety is completely exonerated, and 
                                the bond canceled; and
                                    ``(II) if the Secretary of Homeland 
                                Security has issued an order under 
                                clause (i), the surety may request, by 
                                written, properly filed motion, 
                                reinstatement of the bond. This 
                                subclause may not be construed to 
                                prevent the Secretary of Homeland 
                                Security from revoking or resetting a 
                                bond at a higher amount.
                            ``(vi) The bonding agent or surety must--
                                    ``(I) during the 15 months after 
                                the date the arrest warrant and order 
                                were mailed pursuant to clause (i)(III) 
                                surrender the principal one time; or
                                    ``(II)(aa) provide reasonable 
                                evidence that producing the principal 
                                was prevented--
                                            ``(aaa) by the principal's 
                                        illness or death;
                                            ``(bbb) because the 
                                        principal is detained in 
                                        custody in any city, State, 
                                        country, or any political 
                                        subdivision thereof;
                                            ``(ccc) because the 
                                        principal has left the United 
                                        States or its outlying 
                                        possessions (as defined in 
                                        section 101(a) of the 
                                        Immigration and Nationality Act 
                                        (8 U.S.C. 1101(a)); or
                                            ``(ddd) because required 
                                        notice was not given to the 
                                        bonding agent or surety; and
                                    ``(bb) establish by affidavit that 
                                the inability to produce the principal 
                                was not with the consent or connivance 
                                of the bonding agent or surety.
                            ``(vii) If compliance occurs more than 15 
                        months but no more than 18 months after the 
                        mailing of the arrest warrant and order to the 
                        bonding agent and the surety required under 
                        clause (i)(III), an amount equal to 25 percent 
                        of the face amount of the bond shall be 
                        assessed as a penalty against the surety.
                            ``(viii) If compliance occurs more than 18 
                        months but no more than 21 months after the 
                        mailing of the arrest warrant and order to the 
                        bonding agent and the surety required under 
                        clause (i)(III), an amount equal to 50 percent 
                        of the face amount of the bond shall be 
                        assessed as a penalty against the surety.
                            ``(ix) If compliance occurs more than 21 
                        months but no more than 24 months after the 
                        mailing of the arrest warrant and order to the 
                        bonding agent and the surety required under 
                        clause (i)(III), an amount equal to 75 percent 
                        of the face amount of the bond shall be 
                        assessed as a penalty against the surety.
                            ``(x) If compliance occurs 24 months or 
                        more after the mailing of the arrest warrant 
                        and order to the bonding agent and the surety 
                        required under clause (i)(III), an amount equal 
                        to 100 percent of the face amount of the bond 
                        shall be assessed as a penalty against the 
                        surety.
                            ``(xi) If any surety surrenders any 
                        principal to the Secretary of Homeland Security 
                        at any time and place after the period for 
                        compliance has passed, the Secretary of 
                        Homeland Security shall cause to be issued to 
                        that surety an amount equal to 50 percent of 
                        the face amount of the bond: Provided, however, 
                        That if that surety owes any penalties on bonds 
                        to the United States, the amount that surety 
                        would otherwise receive shall be offset by and 
                        applied as a credit against the amount of 
                        penalties on bonds it owes the United States, 
                        and then that surety shall receive the 
                        remainder of the amount to which it is entitled 
                        under this subparagraph, if any.
                            ``(xii) All penalties assessed against a 
                        surety on a bond, if any, shall be paid by the 
                        surety no more than 27 months after the mailing 
                        of the arrest warrant and order to the bonding 
                        agent and the surety required under clause 
                        (i)(III).
                    ``(B) The Secretary of Homeland Security may waive 
                penalties or extend the period for payment or both, 
                if--
                            ``(i) a written request is filed with the 
                        Secretary of Homeland Security; and
                            ``(ii) the bonding agent or surety provides 
                        an affidavit that diligent efforts were made to 
                        effect compliance of the principal.
                    ``(C) Compliance; exoneration; limitation of 
                liability.--
                            ``(i) Compliance.--A bonding agent or 
                        surety shall have the absolute right to locate, 
                        apprehend, arrest, detain, and surrender any 
                        principal, wherever he or she may be found, who 
                        violates any of the terms and conditions of his 
                        or her bond.
                            ``(ii) Exoneration.--Upon satisfying any of 
                        the requirements of the bond, the surety shall 
                        be completely exonerated.
                            ``(iii) Limitation of liability.--
                        Notwithstanding any other provision of law, the 
                        total liability on any surety undertaking shall 
                        not exceed the face amount of the bond.''.
    (c) Effective Date.--The provisions of this section shall take 
effect on the date of the enactment of this Act and shall apply to 
bonds and surety undertakings executed before, on, or after the date of 
the enactment of this Act.

SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

    (a) In General.--Section 236(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as follows:
            ``(2) subject to such reasonable regulations as the 
        Secretary of Homeland Security may prescribe, shall permit 
        agents, servants, and employees of corporate sureties to visit 
        in person with individuals detained by the Secretary of and, 
        subject to section 241(a)(8), may release the alien on a 
        delivery bond of at least $10,000, with security approved by 
        the Secretary, and containing conditions and procedures 
        prescribed by section 105 of the REAL ID Act of 2005 and by the 
        Secretary, but the Secretary shall not release the alien on or 
        to his own recognizance unless an order of an immigration judge 
        expressly finds and states in a signed order to release the 
        alien to his own recognizance that the alien is not a flight 
        risk and is not a threat to the United States''.
    (b) Repeal.--Section 286(r) of the Immigration and Nationality Act 
(8 U.S.C. 1356(r)) is repealed.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

    (a) In General.--Section 241(a) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)) is amended by adding at the end the following:
            ``(8) Effect of production of alien by bondsman.--
        Notwithstanding any other provision of law, the Secretary of 
        Homeland Security shall take into custody any alien subject to 
        a final order of removal, and cancel any bond previously posted 
        for the alien, if the alien is produced within the prescribed 
        time limit by the obligor on the bond whether or not the 
        Department of Homeland Security accepts custody of the alien. 
        The obligor on the bond shall be deemed to have substantially 
        performed all conditions imposed by the terms of the bond, and 
        shall be released from liability on the bond, if the alien is 
        produced within such time limit.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
all immigration bonds posted before, on, or after such date.

    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 of 
        Transportation. Such certifications shall be made at such times 
        and in such manner as the Secretary of Transportation, in 
        consultation with the Secretary of Homeland Security, 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.

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.

    (a) Criminal Penalty.--Section 1028(a)(8) of title 18, United 
States Code, is amended by striking ``false authentication features'' 
and inserting ``false or actual authentication features''.
    (b) Use of False Driver's License at Airports.--
            (1) In general.--The Secretary shall enter, into the 
        appropriate aviation security screening database, appropriate 
        information regarding any person convicted of using a false 
        driver's license at an airport (as such term is defined in 
        section 40102 of title 49, United States Code).
            (2) False defined.--In this subsection, the term ``false'' 
        has the same meaning such term has under section 1028(d) of 
        title 18, United States Code.

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, set 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) Compliance With Standards.--All authority to certify compliance 
with standards under this title shall be carried out by the Secretary 
of Transportation, in consultation with the Secretary of Homeland 
Security and the States.
    (c) 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.

SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.

    Nothing in this title shall be construed to affect the authorities 
or responsibilities of the Secretary of Transportation or the States 
under chapter 303 of title 49, United States Code.

      TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

    (a) Study.--The Under Secretary of Homeland Security for Border and 
Transportation Security, in consultation with the Under Secretary of 
Homeland Security for Science and Technology and the Under Secretary of 
Homeland Security for Information Analysis and Infrastructure 
Protection, shall study the technology, equipment, and personnel needed 
to address security vulnerabilities within the United States for each 
field office of the Bureau of Customs and Border Protection that has 
responsibility for any portion of the United States borders with Canada 
and Mexico. The Under Secretary shall conduct follow-up studies at 
least once every 5 years.
    (b) Report to Congress.--The Under Secretary shall submit a report 
to Congress on the Under Secretary's findings and conclusions from each 
study conducted under subsection (a) together with legislative 
recommendations, as appropriate, for addressing any security 
vulnerabilities found by the study.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Homeland Security Directorate of 
Border and Transportation Security such sums as may be necessary for 
fiscal years 2006 through 2011 to carry out any such recommendations 
from the first study conducted under subsection (a).

SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER SECURITY.

    (a) Pilot Program.--Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Homeland Security for 
Science and Technology, in consultation with the Under Secretary of 
Homeland Security for Border and Transportation Security, the Under 
Secretary of Homeland Security for Information Analysis and 
Infrastructure Protection, and the Secretary of Defense, shall develop 
a pilot program to utilize, or increase the utilization of, ground 
surveillance technologies to enhance the border security of the United 
States. In developing the program, the Under Secretary shall--
            (1) consider various current and proposed ground 
        surveillance technologies that could be utilized to enhance the 
        border security of the United States;
            (2) assess the threats to the border security of the United 
        States that could be addressed by the utilization of such 
        technologies; and
            (3) assess the feasibility and advisability of utilizing 
        such technologies to address such threats, including an 
        assessment of the technologies considered best suited to 
        address such threats.
    (b) Additional Requirements.--
            (1) In general.--The pilot program shall include the 
        utilization of a variety of ground surveillance technologies in 
        a variety of topographies and areas (including both populated 
        and unpopulated areas) on both the northern and southern 
        borders of the United States in order to evaluate, for a range 
        of circumstances--
                    (A) the significance of previous experiences with 
                such technologies in homeland security or critical 
                infrastructure protection for the utilization of such 
                technologies for border security;
                    (B) the cost, utility, and effectiveness of such 
                technologies for border security; and
                    (C) liability, safety, and privacy concerns 
                relating to the utilization of such technologies for 
                border security.
            (2) Technologies.--The ground surveillance technologies 
        utilized in the pilot program shall include the following:
                    (A) Video camera technology.
                    (B) Sensor technology.
                    (C) Motion detection technology.
    (c) Implementation.--The Under Secretary of Homeland Security for 
Border and Transportation Security shall implement the pilot program 
developed under this section.
    (d) Report.--Not later than 1 year after implementing the pilot 
program under subsection (a), the Under Secretary shall submit a report 
on the program to the Senate Committee on Commerce, Science, and 
Transportation, the House of Representatives Committee on Science, the 
House of Representatives Committee on Homeland Security, and the House 
of Representatives Committee on the Judiciary. The Under Secretary 
shall include in the report a description of the program together with 
such recommendations as the Under Secretary finds appropriate, 
including recommendations for terminating the program, making the 
program permanent, or enhancing the program.

SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND INFORMATION 
              SHARING ON BORDER SECURITY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, acting 
through the Under Secretary of Homeland Security for Border and 
Transportation Security, in consultation with the Under Secretary of 
Homeland Security for Science and Technology, the Under Secretary of 
Homeland Security for Information Analysis and Infrastructure 
Protection, the Assistant Secretary of Commerce for Communications and 
Information, and other appropriate Federal, State, local, and tribal 
agencies, shall develop and implement a plan--
            (1) to improve the communications systems of the 
        departments and agencies of the Federal Government in order to 
        facilitate the integration of communications among the 
        departments and agencies of the Federal Government and State, 
        local government agencies, and Indian tribal agencies on 
        matters relating to border security; and
            (2) to enhance information sharing among the departments 
        and agencies of the Federal Government, State and local 
        government agencies, and Indian tribal agencies on such 
        matters.
    (b) Report.--Not later than 1 year after implementing the plan 
under subsection (a), the Secretary shall submit a copy of the plan and 
a report on the plan, including any recommendations the Secretary finds 
appropriate, to the Senate Committee on Commerce, Science, and 
Transportation, the House of Representatives Committee on Science, the 
House of Representatives Committee on Homeland Security, and the House 
of Representatives Committee on the Judiciary.

            Passed the House of Representatives February 10, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.