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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, Puer-
to 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 REC-
OGNITION. 
(a) MINIMUM STANDARDS FOR FEDERAL USE.—
(1) IN GENERAL.—Beginning 3 years after the 
date of the enactment of this division, 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 re-
quirements of this section based on certifications 
made by the State to the Secretary of Transpor-
tation. Such certifications shall be made at such
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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 identifica-
tion 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 pre-
vent 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 infor-
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mation before issuing a driver’s license or identifica-
tion 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 num-
ber. 
(D) Documentation showing the person’s 
name and address of principal residence. 
(2) SPECIAL REQUIREMENTS.—
(A) IN GENERAL.—To meet the require-
ments 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 li-
cense or identification card to a person, valid 
documentary evidence that the person—
(i) is a citizen of the United States;
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(ii) is an alien lawfully admitted for 
permanent or temporary residence in the 
United States; 
(iii) has conditional permanent resi-
dent 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 non-
immigrant visa or nonimmigrant visa sta-
tus for entry into the United States; 
(vi) has a pending application for asy-
lum in the United States; 
(vii) has a pending or approved appli-
cation for temporary protected status in 
the United States; 
(viii) has approved deferred action 
status; or 
(ix) has a pending application for ad-
justment of status to that of an alien law-
fully admitted for permanent residence in 
the United States or conditional perma-
nent resident status in the United States. 
(C) TEMPORARY DRIVERS’ LICENSES AND 
IDENTIFICATION CARDS.—
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(i) IN
GENERAL.—If a person pre-
sents 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 pe-
riod of one year. 
(iii) 
DISPLAY
OF
EXPIRATION 
DATE.—A temporary driver’s license or 
temporary identification card issued pursu-
ant to this subparagraph shall clearly indi-
cate 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
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which the applicant qualified for the tem-
porary driver’s license or temporary identi-
fication card has been extended by the Sec-
retary of Homeland Security. 
(3) VERIFICATION OF DOCUMENTS.—To meet 
the requirements of this section, a State shall imple-
ment 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, va-
lidity, and completeness of each document re-
quired 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 un-
derstanding with the Secretary of Homeland 
Security to routinely utilize the automated sys-
tem 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
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person, other than a United States citizen, ap-
plying for a driver’s license or identification 
card. 
(d) OTHER REQUIREMENTS.—To meet the require-
ments of this section, a State shall adopt the following 
practices in the issuance of drivers’ licenses and identifica-
tion 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 docu-
ments 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 Adminis-
tration 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 driv-
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er’s license or identification card, the State shall re-
solve the discrepancy and take appropriate action. 
(6) Refuse to issue a driver’s license or identi-
fication card to a person holding a driver’s license 
issued by another State without confirmation that 
the person is terminating or has terminated the driv-
er’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 identi-
fication cards are produced. 
(8) Subject all persons authorized to manufac-
ture or produce drivers’ licenses and identification 
cards to appropriate security clearance requirements. 
(9) Establish fraudulent document recognition 
training programs for appropriate employees en-
gaged in the issuance of drivers’ licenses and identi-
fication cards. 
(10) Limit the period of validity of all driver’s 
licenses and identification cards that are not tem-
porary 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
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this title, a State shall participate in the interstate com-
pact regarding sharing of driver license data, known as 
the ‘‘Driver License Agreement’’, in order to provide elec-
tronic 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 DOCU-
MENTS. 
(a) CRIMINAL PENALTY.—Section 1028(a)(8) of title 
18, United States Code, is amended by striking ‘‘false au-
thentication features’’ and inserting ‘‘false or actual au-
thentication features’’. 
(b) USE
OF FALSE DRIVER’S LICENSE
AT AIR-
PORTS.—
(1) IN GENERAL.—The Secretary shall enter, 
into the appropriate aviation security screening 
database, appropriate information regarding any
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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 min-
imum 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 TRANSPOR-
TATION 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 Sec-
retary 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 con-
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sultation 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 Ter-
rorism 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 Trans-
portation or the States under chapter 303 of title 49, 
United States Code. 
TITLE 
III—BORDER 
INFRA-
STRUCTURE 
AND 
TECH-
NOLOGY INTEGRATION 
SEC. 301. VULNERABILITY AND THREAT ASSESSMENT. 
(a) STUDY.—The Under Secretary of Homeland Se-
curity for Border and Transportation Security, in con-
sultation with the Under Secretary of Homeland Security 
for Science and Technology and the Under Secretary of 
Homeland Security for Information Analysis and Infra-
structure Protection, shall study the technology, equip-