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wilshire
free radical

Registered: 05/11/05
Posts: 2,421
Loc: SE PA
Last seen: 14 years, 2 months

Re: Real ID Act

[Re: shroomydan]
#5649767 - 05/19/06 11:15 AM (17 years, 10 months ago)

as you know, the real ID act of 2005 was placed as a rider on another bill. the section you've quoted there is a part of the larger bill, not the real ID act of 2005, and the only thing it does is increase the budget of a classified program. a great deal of the larger bill is budget reallocations.

if you read the real ID act of 2005 (it's pretty far down on the larger bill), you'll find that the first sections modify standards for foreigners claiming refugee status or otherwise entering (or remaining) the united states. since those sections aren't really what we're talking about, i'm not going to address them here, but if there's anything in them you find objectionable, post it. i couldn't find anything that seemed unreasonable.

this later title deals with the ID's. if you read it in its entirety you will find that all it does is establish standards that state-issued identification cards must meet if they are to be accepted by federal agencies. my pennsylvania ID card already meets these standards. the ones currently issued by your state may or may not. they will within the next 3 years:

"TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL
IDENTIFICATION CARDS

SEC. 201. <<NOTE: 49 USC 30301 note.>> DEFINITIONS.

In this title, the following definitions apply:

[[Page 119 STAT. 312]]

(1) Driver's license.--The term ``driver's license'' means a
motor vehicle operator's license, as defined in section 30301 of
title 49, United States Code.
(2) Identification card.--The term ``identification card''
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
(3) Official purpose.--The term ``official purpose''
includes but is not limited to accessing Federal facilities,
boarding federally regulated commercial aircraft, entering
nuclear power plants, and any other purposes that the Secretary
shall determine.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other territory
or possession of the United States.

SEC. 202. <<NOTE: 49 USC 30301 note.>> MINIMUM DOCUMENT REQUIREMENTS AND
ISSUANCE STANDARDS FOR FEDERAL RECOGNITION.

(a) Minimum Standards for Federal Use.--
(1) <<NOTE: Effective date.>> 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 requirements of this section
based on certifications made by the State to the Secretary. Such
certifications shall be made at such times and in such manner as
the Secretary, in consultation with the Secretary of
Transportation, may prescribe by regulation.

(b) Minimum Document Requirements.--To meet the requirements of this
section, a State shall include, at a minimum, the following information
and features on each driver's license and identification card issued to
a person by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver's license or identification card
number.
(5) A digital photograph of the person.
(6) The person's address of principle residence.
(7) The person's signature.
(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined
minimum data elements.

(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this section, a
State shall require, at a minimum, presentation and verification
of the following information before issuing a driver's license
or identification card to a person:

[[Page 119 STAT. 313]]

(A) A photo identity document, except that a non-
photo identity document is acceptable if it includes
both the person's full legal name and date of birth.
(B) Documentation showing the person's date of
birth.
(C) Proof of the person's social security account
number or verification that the person is not eligible
for a social security account number.
(D) Documentation showing the person's name and
address of principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements of this
section, a State shall comply with the minimum standards
of this paragraph.
(B) Evidence of lawful status.--A State shall
require, before issuing a driver's license or
identification card to a person, valid documentary
evidence that the person--
(i) is a citizen or national of the United
States;
(ii) is an alien lawfully admitted for
permanent or temporary residence in the United
States;
(iii) has conditional permanent resident
status in the United States;
(iv) has an approved application for asylum in
the United States or has entered into the United
States in refugee status;
(v) has a valid, unexpired nonimmigrant visa
or nonimmigrant visa status for entry into the
United States;
(vi) has a pending application for asylum in
the United States;
(vii) has a pending or approved application
for temporary protected status in the United
States;
(viii) has approved deferred action status; or
(ix) has a pending application for adjustment
of status to that of an alien lawfully admitted
for permanent residence in the United States or
conditional permanent resident status in the
United States.
(C) Temporary drivers' licenses and identification
cards.--
(i) In general.--If a person presents evidence
under any of clauses (v) through (ix) of
subparagraph (B), the State may only issue a
temporary driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary driver's
license or temporary identification card issued
pursuant to this subparagraph shall be valid only
during the period of time of the applicant's
authorized stay in the United States or, if there
is no definite end to the period of authorized
stay, a period of one year.
(iii) Display of expiration date.--A temporary
driver's license or temporary identification card
issued pursuant to this subparagraph shall clearly
indicate that it is temporary and shall state the
date on which it expires.
(iv) Renewal.--A temporary driver's license or
temporary identification card issued pursuant to
this subparagraph may be renewed only upon
presentation

[[Page 119 STAT. 314]]

of valid documentary evidence that the status by
which the applicant qualified for the temporary
driver's license or temporary identification card
has been extended by the Secretary of Homeland
Security.
(3) Verification of documents.--To meet the requirements of
this section, a State shall implement the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State shall verify,
with the issuing agency, the issuance, validity, and
completeness of each document required to be presented
by the person under paragraph (1) or (2).
(B) The State shall not accept any foreign document,
other than an official passport, to satisfy a
requirement of paragraph (1) or (2).
(C) <<NOTE: Deadline. Memorandum.>> Not later than
September 11, 2005, the State shall enter into a
memorandum of understanding with the Secretary of
Homeland Security to routinely utilize the automated
system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (110 Stat. 3009-664), to verify the legal
presence status of a person, other than a United States
citizen, applying for a driver's license or
identification card.

(d) Other Requirements.--To meet the requirements of this section, a
State shall adopt the following practices in the issuance of drivers'
licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in
electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum of
7 years or images of source documents presented for a minimum of
10 years.
(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a
renewing applicant's information.
(5) Confirm with the Social Security Administration a social
security account number presented by a person using the full
social security account number. In the event that a social
security account number is already registered to or associated
with another person to which any State has issued a driver's
license or identification card, the State shall resolve the
discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or identification
card to a person holding a driver's license issued by another
State without confirmation that the person is terminating or has
terminated the driver's license.
(7) Ensure the physical security of locations where drivers'
licenses and identification cards are produced and the security
of document materials and papers from which drivers' licenses
and identification cards are produced.
(8) Subject all persons authorized to manufacture or produce
drivers' licenses and identification cards to appropriate
security clearance requirements.

[[Page 119 STAT. 315]]

(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
drivers' licenses and identification cards.
(10) Limit the period of validity of all driver's licenses
and identification cards that are not temporary to a period that
does not exceed 8 years.
(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 federal
identification or any other official purpose; and
(B) uses a unique design or color indicator to alert
Federal agency and other law enforcement personnel that
it may not be accepted for any such purpose.
(12) Provide electronic access to all other States to
information contained in the motor vehicle database of the
State.
(13) Maintain a State motor vehicle database that contains,
at a minimum--
(A) all data fields printed on drivers' licenses and
identification cards issued by the State; and
(B) motor vehicle drivers' histories, including
motor vehicle violations, suspensions, and points on
licenses.

SEC. 203. <<NOTE: 49 USC 30301 note.>> TRAFFICKING IN AUTHENTICATION
FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS.

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

SEC. 204. GRANTS TO <<NOTE: 49 USC 30301 note.>> STATES.

(a) In General.--The Secretary may make grants to a State to assist
the State in conforming to the minimum standards set forth in this
title.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this title.

SEC. 205. <<NOTE: 49 USC 30301 note.>> AUTHORITY.

(a) Participation of Secretary of Transportation and States.--All
authority to issue regulations, set standards, and issue grants under
this title shall be carried out by the Secretary, in consultation with
the Secretary of Transportation and the States.
(b) 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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