IIB 
109TH CONGRESS 
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.
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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 RE-
LIEF 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 fol-
lowing: 
‘‘(A) 
ELIGIBILITY.—The 
Secretary 
of 
Homeland Security or the Attorney General’’; 
(2) by striking ‘‘the Attorney General’’ the sec-
ond and third places such term appears and insert-
ing ‘‘the Secretary of Homeland Security or the At-
torney General’’; and 
(3) by adding at the end the following: 
‘‘(B) BURDEN OF PROOF.—
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‘‘(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 with-
in the meaning of such section, the appli-
cant must establish that race, religion, na-
tionality, membership in a particular social 
group, or political opinion was or will be a 
central reason for persecuting the appli-
cant. 
‘‘(ii) SUSTAINING BURDEN.—The tes-
timony of the applicant may be sufficient 
to sustain the applicant’s burden without 
corroboration, but only if the applicant sat-
isfies the trier of fact that the applicant’s 
testimony is credible, is persuasive, and re-
fers to specific facts sufficient to dem-
onstrate 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
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provide evidence which corroborates other-
wise credible testimony, such evidence 
must be provided unless the applicant does 
not have the evidence and cannot reason-
ably 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
DETERMINA-
TION.—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 fac-
tor, including the demeanor, candor, or re-
sponsiveness of the applicant or witness, 
the inherent plausibility of the applicant’s 
or witness’s account, the consistency be-
tween the applicant’s or witness’s written 
and oral statements (whenever made and 
whether or not made under oath), the in-
ternal consistency of each such statement, 
the consistency of such statements with 
other evidence of record (including the re-
ports of the Department of State on coun-
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try conditions), and any inaccuracies or 
falsehoods in such statements, without re-
gard to whether an inconsistency, inaccu-
racy, 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 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) OTHER REQUESTS
FOR RELIEF FROM RE-
MOVAL.—Section 240(c) of the Immigration and Nation-
ality 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
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(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) APPLICATIONS
FOR
RELIEF
FROM
RE-
MOVAL.—
‘‘(A) IN GENERAL.—An alien applying for 
relief or protection from removal has the bur-
den 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 discre-
tion, that the alien merits a favorable exer-
cise of discretion. 
‘‘(B) SUSTAINING
BURDEN.—The appli-
cant must comply with the applicable require-
ments to submit information or documentation 
in support of the applicant’s application for re-
lief or protection as provided by law or by regu-
lation or in the instructions for the application 
form. In evaluating the testimony of the appli-
cant or other witness in support of the applica-
tion, the immigration judge will determine 
whether or not the testimony is credible, is per-
suasive, and refers to specific facts sufficient to 
demonstrate that the applicant has satisfied the
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applicant’s burden of proof. In determining 
whether the applicant has met such burden, the 
immigration judge shall weigh the credible testi-
mony along with other evidence of record. 
Where the immigration judge determines in the 
judge’s discretion that the applicant should pro-
vide evidence which corroborates otherwise cred-
ible testimony, such evidence must be provided 
unless the applicant demonstrates that the ap-
plicant does not have the evidence and cannot 
reasonably obtain the evidence without depart-
ing from the United States. The inability to ob-
tain 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 state-
ments (whenever made and whether or not 
made under oath), the internal consistency of
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each such statement, the consistency of such 
statements with other evidence of record (in-
cluding 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 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 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 corrobo-
rating 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
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(2) 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,’’. 
(f) REMOVAL OF CAPS.—Section 209 of the Immigra-
tion 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 ‘‘Sec-
retary 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 At-
torney General’s discretion and under such reg-
ulations as the Secretary or the Attorney Gen-
eral may prescribe, may adjust to the status of 
an alien lawfully admitted for permanent resi-
dence the status of any alien granted asylum 
who—’’; and
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(B) in the matter following paragraph (5), 
by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary of Homeland Security or the Attor-
ney General’’; and 
(3) in subsection (c), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity or the Attorney General’’. 
(g) 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), (b), and (c) shall take effect on the date of 
the enactment of this Act and shall apply to applica-
tions 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.
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(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 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, administrative agency, or other enti-
ty shall have jurisdiction—
‘‘(A) to hear any cause or claim arising 
from any action undertaken, or any decision
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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.—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 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
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or serious bodily harm, incited ter-
rorist activity; 
‘‘(IV) is a representative (as de-
fined in clause (v)) of—
‘‘(aa) a terrorist organiza-
tion (as defined in clause (vi)); 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;
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‘‘(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 (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 oc-
curred within the last 5 years, 
is inadmissible.’’. 
(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 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 indi-
cating an intention to cause death or
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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 sub-
section;
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‘‘(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;
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‘‘(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 to any mem-
ber of such an organization; or 
‘‘(dd) to a terrorist organi-
zation 
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 organiza-
tion or individual that has committed ter-
rorist activity, if the Secretary of State, 
after consultation with the Attorney Gen-
eral and the Secretary of Homeland Secu-
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rity, or the Attorney General, after con-
sultation with the Secretary of State and 
the Secretary of Homeland Security, con-
cludes 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 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
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‘‘(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 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 re-
moval 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:
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‘‘(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 sec-
tion 237(a)(4)(B) of the Immigration and Nation-
ality 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, depor-
tation, or removal occurring 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. 
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)—
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(A) in paragraph (2)—
(i) in subparagraph (A), by inserting 
‘‘(statutory or nonstatutory), including sec-
tion 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 nonstatu-
tory), 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 ‘‘Notwith-
standing any other provision of law’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(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 constitu-
tional claims or pure questions of law raised 
upon a petition for review filed with an appro-
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priate 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 ju-
dicial 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.—Notwith-
standing any other provision of law (statutory or 
nonstatutory), including section 2241 of title 28, 
United States Code, or any other habeas corpus pro-
vision, 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 provi-
sion of this Act, except as provided in subsection (e).
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For purposes of this Act, in every provision that lim-
its or eliminates judicial review or jurisdiction to re-
view, 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 pro-
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vision, 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 enact-
ment of this Act and shall apply to cases in which the 
final administrative order of removal, deportation, or ex-
clusion was issued before, on, or after the date of the en-
actment 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, depor-
tation, 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 chal-
lenges 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 Im-
migrant 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.
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(d) TRANSITIONAL RULE CASES.—A petition for re-
view filed under former section 106(a) of the Immigration 
and Nationality Act (as in effect before its repeal by sec-
tion 306(b) of the Illegal Immigration Reform and Immi-
grant 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 Nation-
ality 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 re-
view shall be the sole and exclusive means for judicial re-
view 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 De-
partment 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.
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(3) SURETYSHIP
UNDERTAKING.—The term 
‘‘suretyship undertaking’’ means a written agree-
ment, 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, ap-
proved, and appointed by power of attorney to exe-
cute or countersign surety bonds in connection with 
any matter governed by the Immigration and Na-
tionality 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 en-
tity, 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.
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(b) VALIDITY, AGENT NOT CO-OBLIGOR, EXPIRA-
TION, 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 ap-
pointed; 
(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: ‘‘Notwith-
standing any other provision of law, no bonding 
agent of a corporate surety shall be required to exe-
cute bonds as a co-obligor, party, or guarantor in an 
individual capacity on bonds provided by the cor-
porate surety, nor shall a corporate surety bond be 
refused if the corporate surety appears on the cur-
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rent Treasury Department Circular 570 as a com-
pany holding a certificate of authority as an accept-
able surety on Federal bonds and attached to the 
bond is a currently valid instrument showing the au-
thority 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 sur-
render of the principal; or 
(C) immediately upon nonpayment of the 
renewal premium. 
(4) RENEWAL.—Delivery bonds may be re-
newed annually, with payment of proper premium to 
the surety, if there has been no breach of conditions, 
default, claim, or forfeiture of the bond. Notwith-
standing 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;
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(B) if the surety or bonding agent provides 
reasonable evidence that there was misrepresen-
tation 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 prin-
cipal 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
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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 re-
turn of any bond premium if the principal—
(i) changes address without notifying 
the surety, the bonding agent, and the Sec-
retary of Homeland Security in writing 
prior to such change; 
(ii) hides or is concealed from a sur-
ety, 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—
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(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 cer-
tified 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, ap-
prehend, detain, and surrender the prin-
cipal, 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 sur-
render 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
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(ii) the Secretary of Homeland Secu-
rity 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 cor-
porate surety that is certified as an acceptable sur-
ety on Federal bonds and whose name appears on 
the current Treasury Department Circular 570: 
‘‘(A) BREACH OF BOND; PROCEDURE, FOR-
FEITURE, NOTICE.—
‘‘(i) If a principal violates any condi-
tions of the delivery bond, or the principal 
is or becomes subject to a final administra-
tive 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’ cen-
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ters located nationwide in the areas of 
greatest need, at any time of day dur-
ing 15 months after mailing the ar-
rest warrant and the order to the 
bonding agent and the surety as re-
quired by subclause (III), and imme-
diately enter that order into the Na-
tional 
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 re-
turn receipt to their last known ad-
dresses. 
‘‘(ii) Bonding agents and sureties 
shall immediately notify the Secretary of 
Homeland Security of their changes of ad-
dress and/or telephone numbers. 
‘‘(iii) The Secretary of Homeland Se-
curity shall establish, disseminate to bond-
ing agents and sureties, and maintain on a
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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 prin-
cipal 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, elec-
tronic or otherwise, in the care, custody, 
and control of the United States Govern-
ment or any State or local government or 
any subsidiary or police agency thereof re-
garding 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 sub-
ject 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 re-
quired to disclose any information, includ-
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ing 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 Home-
land Security has issued an order 
under clause (i), the surety may re-
quest, by written, properly filed mo-
tion, 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—
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‘‘(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 evi-
dence that producing the principal 
was prevented—
‘‘(aaa) by the principal’s ill-
ness 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 Immigra-
tion and Nationality Act (8 
U.S.C. 1101(a)); or 
‘‘(ddd) because required no-
tice was not given to the bonding 
agent or surety; and 
‘‘(bb) establish by affidavit that 
the inability to produce the principal
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was not with the consent or conniv-
ance 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
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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 as-
sessed as a penalty against the surety. 
‘‘(xi) If any surety surrenders any 
principal to the Secretary of Homeland Se-
curity at any time and place after the pe-
riod for compliance has passed, the Sec-
retary 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 sur-
ety 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.
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‘‘(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 pro-
vides an affidavit that diligent efforts were 
made to effect compliance of the principal. 
‘‘(C) COMPLIANCE; EXONERATION; LIMITA-
TION OF LIABILITY.—
‘‘(i) COMPLIANCE.—A bonding agent 
or surety shall have the absolute right to 
locate, apprehend, arrest, detain, and sur-
render 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.
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‘‘(iii) LIMITATION
OF
LIABILITY.—
Notwithstanding any other provision of 
law, the total liability on any surety under-
taking 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 Immi-
gration 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 cor-
porate sureties to visit in person with individuals de-
tained 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
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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 enact-
ment of this Act. 
SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDS-
MEN. 
(a) IN GENERAL.—Section 241(a) of the Immigra-
tion 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 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
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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 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 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,
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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 of Transpor-
tation. 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
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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.
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(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;
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(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
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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:
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(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:
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(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.
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(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 
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.
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(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 
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
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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-
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.
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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-
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.
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(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 Act, the Under Secretary 
of Homeland Security for Science and Technology, in con-
sultation with the Under Secretary of Homeland Security 
for Border and Transportation Security, the Under Sec-
retary 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
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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 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 
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;
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(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-
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
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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 Act, the Secretary of Home-
land Security, acting through the Under Secretary of 
Homeland Security for Border and Transportation Secu-
rity, 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-
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
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(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 February 10, 
2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.