114
of removal, and cancel any bond previously posted
for the alien, if the alien is produced within the pre-
scribed time limit by the obligor on the bond wheth-
er or not the Department of Homeland Security ac-
cepts 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 enact-
ment of this division 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 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,
115
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
116
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-
117
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;
118
(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.—
119
(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
120
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
121
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-
122
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
123
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
124
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-
125
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-
126
ment, 
and 
personnel 
needed 
to 
address 
security
vulnerabilities within the United States for each field of-
fice of the Bureau of Customs and Border Protection that
has responsibility for any portion of the United States bor-
ders 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 Sec-
retary’s findings and conclusions from each study con-
ducted under subsection (a) together with legislative rec-
ommendations, 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 Transpor-
tation Security such sums as may be necessary for fiscal
years 2006 through 2011 to carry out any such rec-
ommendations from the first study conducted under sub-
section (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 division, the Under Sec-
retary of Homeland Security for Science and Technology,
in consultation with the Under Secretary of Homeland Se-
127
curity for Border and Transportation Security, the Under
Secretary of Homeland Security for Information Analysis
and Infrastructure Protection, and the Secretary of De-
fense, shall develop a pilot program to utilize, or increase
the utilization of, ground surveillance technologies to en-
hance the border security of the United States. In devel-
oping the program, the Under Secretary shall—
(1) consider various current and proposed
ground surveillance technologies that could be uti-
lized 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 uti-
lizing such technologies to address such threats, in-
cluding an assessment of the technologies considered
best suited to address such threats.
(b) ADDITIONAL REQUIREMENTS.—
(1) IN GENERAL.—The pilot program shall in-
clude the utilization of a variety of ground surveil-
lance technologies in a variety of topographies and
areas (including both populated and unpopulated
areas) on both the northern and southern borders of
128
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 utiliza-
tion 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 in-
clude 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 Secu-
rity shall implement the pilot program developed under
this section.
(d) REPORT.—Not later than 1 year after imple-
menting the pilot program under subsection (a), the
Under Secretary shall submit a report on the program to
the Senate Committee on Commerce, Science, and Trans-
129
portation, 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 enhanc-
ing the program.
SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRA-
TION AND INFORMATION SHARING ON BOR-
DER SECURITY.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this division, the Secretary of
Homeland Security, acting through the Under Secretary
of Homeland Security for Border and Transportation Se-
curity, in consultation with the Under Secretary of Home-
land Security for Science and Technology, the Under Sec-
retary of Homeland Security for Information Analysis and
Infrastructure Protection, the Assistant Secretary of Com-
merce for Communications and Information, and other ap-
propriate 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 Gov-
130
ernment in order to facilitate the integration of com-
munications among the departments and agencies of
the Federal Government and State, local government
agencies, and Indian tribal agencies on matters re-
lating to border security; and
(2) to enhance information sharing among the
departments and agencies of the Federal Govern-
ment, State and local government agencies, and In-
dian tribal agencies on such matters.
(b) REPORT.—Not later than 1 year after imple-
menting the plan under subsection (a), the Secretary shall
submit a copy of the plan and a report on the plan, includ-
ing 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 March 16,
2005.
Attest:
Clerk.
109TH CONGRESS
1ST SESSION
H. R. 1268
AN ACT
Making emergency supplemental appropriations for
the fiscal year ending September 30, 2005, to es-
tablish 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 inadmis-
sibility and removal, to ensure expeditious con-
struction of the San Diego border fence, and for
other purposes.