I 
109TH CONGRESS 
1ST SESSION 
H. R. 418
To establish and rapidly implement regulations for State driver’s license 
and identification document security standards, to prevent terrorists from 
abusing the asylum laws of the United States, to unify terrorism-related 
grounds for inadmissibility and removal, and to ensure expeditious con-
struction of the San Diego border fence. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2005
Mr. SENSENBRENNER (for himself, Mr. TOM DAVIS of Virginia, Mr. DREIER, 
Mr. HUNTER, Mr. HYDE, Mr. HOEKSTRA, Mr. COX, Mr. HOSTETTLER, 
Mr. SMITH of Texas, Mr. COBLE, Mr. CHABOT, Mr. AKIN, Mr. ALEX-
ANDER, Mr. BACHUS, Mr. BAKER, Mr. BARTON of Texas, Mr. BASS, Mr. 
BILIRAKIS, Mrs. BLACKBURN, Mr. BLUNT, Mrs. BONO, Mr. BOOZMAN, 
Mr. BRADLEY of New Hampshire, Mr. BRADY of Texas, Ms. GINNY 
BROWN-WAITE of Florida, Mr. BURGESS, Mr. BURTON of Indiana, Mr. 
BUYER, Mr. CALVERT, Mr. CAMP, Mr. CANTOR, Mrs. CAPITO, Mr. 
CARTER, Mr. CHOCOLA, Mr. CRENSHAW, Mrs. CUBIN, Mr. CULBERSON, 
Mr. CUNNINGHAM, Mr. DAVIS of Kentucky, Mrs. JO ANN DAVIS of Vir-
ginia, Mr. DAVIS of Tennessee, Mr. DEAL of Georgia, Mr. DOOLITTLE, 
Mr. DUNCAN, Mrs. EMERSON, Mr. EVERETT, Mr. FEENEY, Mr. FOLEY, 
Mr. FORBES, Mr. FOSSELLA, Ms. FOXX, Mr. GALLEGLY, Mr. GARRETT 
of New Jersey, Mr. GILLMOR, Mr. GINGREY, Mr. GOHMERT, Mr. GOODE, 
Mr. GOODLATTE, Mr. GREEN of Wisconsin, Mr. GUTKNECHT, Ms. HART, 
Mr. HAYWORTH, Mr. HENSARLING, Mr. HERGER, Mr. ISSA, Mr. ISTOOK, 
Mr. SAM JOHNSON of Texas, Mr. JONES of North Carolina, Mr. KELLER, 
Mr. KENNEDY of Minnesota, Mr. KING of Iowa, Mr. KINGSTON, Mr. 
KLINE, Mr. LEWIS of California, Mr. LEWIS of Kentucky, Mr. LINDER, 
Mr. DANIEL E. LUNGREN of California, Mr. MCCAUL of Texas, Mr. 
MCCRERY, Mr. MCHUGH, Mr. MCKEON, Mr. MANZULLO, Mr. MILLER of 
Florida, Mr. GARY G. MILLER of California, Mrs. MUSGRAVE, Mrs. 
MYRICK, Mr. NEUGEBAUER, Mrs. NORTHUP, Mr. NORWOOD, Mr. NUNES, 
Mr. OSBORNE, Mr. OTTER, Mr. PITTS, Mr. RADANOVICH, Mr. RAMSTAD, 
Mr. ROGERS of Alabama, Mr. ROGERS of Michigan, Mr. ROHRABACHER, 
Mr. ROYCE, Mr. RYAN of Wisconsin, Mr. SESSIONS, Mr. SHADEGG, Mr. 
SHAW, Mr. SHUSTER, Mr. SIMPSON, Mr. SOUDER, Mr. STEARNS, Mr. 
SULLIVAN, Mr. SWEENEY, Mr. TANCREDO, Mr. TURNER, Mr. THOMAS, 
Mr. WAMP, Mr. WELDON of Florida, Mr. WILSON of South Carolina, and 
Mrs. DRAKE) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Select Committee on 
Homeland Security and Government Reform, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish and rapidly implement regulations for State 
driver’s license and identification document security 
standards, to prevent terrorists from abusing the asylum 
laws of the United States, to unify terrorism-related 
grounds for inadmissibility and removal, and to ensure 
expeditious construction of the San Diego border fence.
Be it enacted by the Senate and House of Representa-
tives 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 FED-
ERAL 
LAWS 
TO 
PROTECT 
AGAINST TERRORIST ENTRY 
SEC. 101. PREVENTING TERRORISTS FROM OBTAINING ASY-
LUM. 
(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’’ fol-
lowing the paragraph heading and inserting the fol-
lowing: 
‘‘(A) 
ELIGIBILITY.—The 
Secretary 
of 
Homeland Security or the Attorney General’’; 
(2) by striking ‘‘the Attorney General’’ each 
place such term appears and inserting ‘‘the Sec-
retary of Homeland Security or the Attorney Gen-
eral’’; 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 es-
tablish that the applicant is a refugee, 
within the meaning of such section, the ap-
plicant must establish that race, religion, 
nationality, membership in a particular so-
cial group, or political opinion was or will 
be a central reason for persecuting the ap-
plicant. 
‘‘(ii) SUSTAINING BURDEN.—The tes-
timony of the applicant may be sufficient 
to sustain the applicant’s burden without
corroboration, but only if the trier of fact 
determines that it is credible, is persuasive, 
and refers to specific facts that dem-
onstrate that the applicant is a refugee. In 
determining whether the applicant has met 
the applicant’s burden, the trier of fact is 
entitled to weigh the credible testimony 
along with other evidence of record. Where 
the trier of fact determines, in the trier of 
fact’s discretion, that the applicant should 
provide evidence which corroborates other-
wise credible testimony, such evidence 
must be provided unless the applicant does 
not have the evidence or cannot obtain the 
evidence without departing the United 
States. The inability to obtain corrobo-
rating evidence does not excuse the appli-
cant from meeting the applicant’s burden 
of proof. 
‘‘(iii) 
CREDIBILITY
DETERMINA-
TION.—The credibility determination of the 
trier of fact may, in the trier of fact’s dis-
cretion, be based, in addition to other fac-
tors, on the demeanor, candor, or respon-
siveness of the applicant or witness, the in-
herent plausibility of the applicant’s or wit-
ness’ account, the consistency between the 
applicant’s or witness’ written and oral 
statements, made at any time and whether 
or not under oath, the internal consistency 
of each such statement, the consistency of 
such statements with the country condi-
tions in the country from which the appli-
cant claims asylum, and any inaccuracies 
or falsehoods in such statements.’’. 
(b) WITHHOLDING OF REMOVAL.—Section 241(b)(3) 
of the Immigration and Nationality Act (8 U.S.C. 
1231(b)(3)) is amended by adding at the end the fol-
lowing: 
‘‘(C) SUSTAINING
BURDEN
OF
PROOF; 
CREDIBILITY
DETERMINATIONS.—In 
deter-
mining 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 sec-
tion 208(b)(1)(B).’’.
(c) STANDARD OF REVIEW FOR ORDERS OF RE-
MOVAL.—Section 242(b)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1252(b)(4)) is amended by adding 
at the end, after the final subparagraph, the following: 
‘‘No court shall reverse a determination made by a 
trier of fact with respect to the availability of cor-
roborating 
evidence, 
as 
described 
in 
section 
208(b)(1)(B) or 241(b)(3)(C), unless the court finds 
that a reasonable trier of fact is compelled to con-
clude that such corroborating evidence is unavail-
able.’’. 
(d) 
CLARIFICATION
OF
DISCRETION.—Section 
242(a)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1252(a)(2)(B)) is amended—
(1) in the matter preceding clause (i), by insert-
ing ‘‘and regardless of whether the judgment, deci-
sion, or action is made in removal proceedings,’’ 
after ‘‘other provision of law,’’; and 
(2) in clause (ii), by inserting ‘‘or the Secretary 
of Homeland Security’’ after ‘‘Attorney General’’ 
each place such term appears. 
(e) EFFECTIVE DATES.—
(1) The amendments made by paragraphs (1) 
and (2) of subsection (a) shall take effect as if en-
acted on March 1, 2003.
(2) The amendments made by subsections 
(a)(3) and (b) shall take effect on the date of the 
enactment of this Act and shall apply to applications 
for asylum or withholding made on or after such 
date. 
(3) The amendment made by subsection (c) 
shall take effect on the date of the enactment of this 
Act and shall apply to all cases in which the final 
administrative removal order was issued before, on, 
or after such date. 
(4) The amendments made by subsection (d) 
shall take effect on the date of the enactment of this 
Act and shall apply to all cases pending before any 
court on or after such date. 
(f) REPEAL.—Section 5403 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
108–458) is repealed. 
SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE-
MENT 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 discre-
tion, determines necessary to ensure expeditious con-
struction of the barriers and roads under this sec-
tion. 
‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding 
any other provision of law (statutory or nonstatu-
tory), no court shall have jurisdiction—
‘‘(A) to hear any cause or claim arising 
from any action undertaken, or any decision 
made, by the Secretary of Homeland Security 
pursuant to paragraph (1); or 
‘‘(B) to order compensatory, declaratory, 
injunctive, equitable, or any other relief for 
damage alleged to arise from any such action or 
decision.’’. 
SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TER-
RORIST-RELATED ACTIVITIES. 
(a) IN GENERAL.—Section 212(a)(3)(B)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(3)(B)(i)) is amended to read as follows: 
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has engaged in a terrorist 
activity;
‘‘(II) a consular officer, the At-
torney General, or the Secretary of 
Homeland Security knows, or has rea-
sonable 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 ter-
rorist activity; 
‘‘(IV) is a representative (as de-
fined in clause (v)) of—
‘‘(aa) a terrorist organiza-
tion; or 
‘‘(bb) a political, social, or 
other group that endorses or es-
pouses 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 dem-
onstrate by clear and convincing evi-
dence that the alien did not know, and 
should not reasonably have known, 
that the organization was a terrorist 
organization; 
‘‘(VII) endorses or espouses ter-
rorist 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 orga-
nization that, at the time the training 
was received, was a terrorist organiza-
tion; 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 oc-
curred within the last 5 years, 
is inadmissible. An alien who is an officer, 
official, representative, or spokesman of 
the Palestine Liberation Organization is 
considered, for purposes of this Act, to be 
engaged in a terrorist activity.’’.
(b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—
Section 212(a)(3)(B)(iv) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read 
as follows: 
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY 
DEFINED.—As used in this subparagraph, 
the term ‘engage in terrorist activity’ 
means, in an individual capacity or as a 
member of an organization—
‘‘(I) to commit or to incite to 
commit, under circumstances indi-
cating an intention to cause death or 
serious bodily injury, a terrorist activ-
ity; 
‘‘(II) to prepare or plan a ter-
rorist 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 organiza-
tion described in clause (vi)(I) or 
(vi)(II); or
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III), 
unless the solicitor can dem-
onstrate by clear and convincing 
evidence that he did not know, 
and should not reasonably have 
known, that the organization was 
a terrorist organization; 
‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct 
otherwise 
described 
in 
this 
clause; 
‘‘(bb) for membership in a 
terrorist organization described 
in clause (vi)(I) or (vi)(II); or 
‘‘(cc) for membership in a 
terrorist organization described 
in clause (vi)(III), unless the so-
licitor can demonstrate by clear 
and convincing evidence that he 
did not know, and should not 
reasonably have known, that the 
organization was a terrorist orga-
nization; or
‘‘(VI) to commit an act that the 
actor knows, or reasonably should 
know, affords material support, in-
cluding a safe house, transportation, 
communications, funds, transfer of 
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
ological, or radiological weapons), ex-
plosives, 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 activ-
ity; 
‘‘(cc) to a terrorist organiza-
tion described in subclause (I) or 
(II) of clause (vi); or 
‘‘(dd) to a terrorist organi-
zation 
described 
in 
clause 
(vi)(III), unless the actor can 
demonstrate by clear and con-
vincing evidence that the actor
did not know, and should not 
reasonably have known, that the 
organization was a terrorist orga-
nization.’’. 
(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 fol-
lows: 
‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—As used in this section, the term 
‘terrorist organization’ means an organiza-
tion—
‘‘(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 Attor-
ney General or the Secretary of 
Homeland Security, as a terrorist or-
ganization, after finding that the or-
ganization 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 activi-
ties 
described 
in 
subclauses 
(I) 
through (VI) of clause (iv).’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to—
(1) removal proceedings instituted before, on, or 
after the date of the enactment of this Act; and 
(2) acts and conditions constituting a ground 
for inadmissibility occurring or existing before, on, 
or after such date. 
SEC. 104. REMOVAL OF TERRORISTS. 
(a) IN GENERAL.—
(1) IN
GENERAL.—Section 237(a)(4)(B) (8 
U.S.C. 1227(a)(4)(B)) is amended to read as fol-
lows: 
‘‘(B) TERRORIST
ACTIVITIES.—Any alien 
who would be considered inadmissible pursuant 
to subparagraph (B) or (F) of section 
212(a)(3) is deportable.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the
enactment of this Act and shall apply to acts and 
conditions constituting a ground for removal occur-
ring or existing before, on, or after such date. 
(b) REPEAL.—Effective as of the date of the enact-
ment of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458), section 5402 of such 
Act is repealed, and the Immigration and Nationality Act 
shall be applied as if such section had not been enacted. 
TITLE II—IMPROVED SECURITY 
FOR DRIVERS’ LICENSES AND 
PERSONAL 
IDENTIFICATION 
CARDS 
SEC. 201. DEFINITIONS. 
In this title, the following definitions apply: 
(1) DRIVER’S LICENSE.—The term ‘‘driver’s li-
cense’’ means a motor vehicle operator’s license, as 
defined in section 30301 of title 49, United States 
Code. 
(2) IDENTIFICATION CARD.—The term ‘‘identi-
fication 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, 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 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 require-
ments 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. Such certifi-
cations shall be made at such times and in such 
manner as the Secretary, in consultation with the 
Secretary of Transportation, may prescribe by regu-
lation.
(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-
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; 
(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.—
(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 
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 
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-
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. 
(11) In any case in which the State issues a 
driver’s license or identification card that does not
satisfy the requirements of this section, ensure that 
such license or identification card—
(A) clearly states on its face that it may 
not be accepted by any Federal agency for any 
official purpose; and 
(B) uses a unique design or color indicator 
to alert Federal agency and other law enforce-
ment personnel that it may not be accepted for 
any such purpose. 
(e) ADDITIONAL POWERS OF SECRETARY.—The Sec-
retary, in the Secretary’s discretion—
(1) may, in addition to the requirements of sub-
section (b), prescribe one or more design formats for 
driver’s licenses and identification cards that satisfy 
the requirements of this section in order—
(A) to protect the national security inter-
ests of the United States; and 
(B) to allow for clear visual differentiation 
between categories of driver’s licenses and iden-
tity cards (such as to differentiate between driv-
er’s licenses valid for multi-year terms and tem-
porary driver’s licenses); and 
(2) may, in addition to the limitations described 
in subsections (c)(2)(C)(ii) and (d)(10), further limit 
the validity period of driver’s licenses and identifica-
tion cards in order to provide for periodic confirma-
tion of principal residence address and lawful pres-
ence in the United States in a status described in 
subsection (c)(2)(B). 
SEC. 203. LINKING OF DATABASES. 
(a) IN GENERAL.—To be eligible to receive any grant 
or other type of financial assistance made available under 
this title, a State shall participate in the interstate 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. 
Section 1028(a)(8) of title 18, United States Code, 
is amended by striking ‘‘false authentication features’’ and 
inserting ‘‘false or actual authentication features’’. 
SEC. 205. GRANTS TO STATES. 
(a) IN GENERAL.—The Secretary may make grants 
to a State to assist the State in conforming to the 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, 
certify standards, and issue grants under this title shall 
be carried out by the Secretary, in consultation with the 
Secretary of Transportation and the States. 
(b) EXTENSIONS
OF DEADLINES.—The Secretary 
may grant to a State an extension of time to meet the 
requirements of section 202(a)(1) if the State provides 
adequate justification for noncompliance.
SEC. 207. REPEAL. 
Section 7212 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458) is 
repealed.
Æ