Passed While You Weren't Looking Department: H.R.418 aka The Real ID Act
from CNET

The U.S. House of Representatives approved on Thursday (2/10/05) a sweeping set of rules aimed at forcing states to issue all adults federally approved electronic ID cards, including driver's licenses.

Under the rules, federal employees would reject licenses or identity cards that don't comply, which could curb Americans' access to airplanes, trains, national parks, federal courthouses and other areas controlled by the federal government. The bill was approved by a 261-161 vote.

The measure, called the Real ID Act, says that driver's licenses and other ID cards must include a digital photograph, anticounterfeiting features and undefined "machine-readable technology, with defined minimum data elements" that could include a magnetic strip or RFID tag. The Department of Homeland Security would be charged with drafting the details of the regulation.

from Thomas, the Congressional Computer
H.R.418
Title: 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.
Sponsor: Rep Sensenbrenner, F. James, Jr. [WI-5] (introduced 1/26/2005) Cosponsors (140)
Related Bills: H.RES.71, H.RES.75
Latest Major Action: 2/14/2005 Received in the Senate.

The full text of H.R.418 is reprinted in the "More" section.

Sometimes a news story deserves a witty response and sometimes they speak for themselves.

More

House backs major shift to electronic IDs
Published: February 10, 2005, 5:46 PM PST
By Declan McCullagh
Staff Writer, CNET News.com
The U.S. House of Representatives approved on Thursday (2/10/05) a sweeping set of rules aimed at forcing states to issue all adults federally approved electronic ID cards, including driver's licenses.

Under the rules, federal employees would reject licenses or identity cards that don't comply, which could curb Americans' access to airplanes, trains, national parks, federal courthouses and other areas controlled by the federal government. The bill was approved by a 261-161 vote.

The measure, called the Real ID Act, says that driver's licenses and other ID cards must include a digital photograph, anticounterfeiting features and undefined "machine-readable technology, with defined minimum data elements" that could include a magnetic strip or RFID tag. The Department of Homeland Security would be charged with drafting the details of the regulation.

Republican politicians argued that the new rules were necessary to thwart terrorists, saying that four of the Sept. 11, 2001, hijackers possessed valid state-issued driver's licenses. "When I get on an airplane and someone shows ID, I'd like to be sure they are who they say they are," said Rep. Tom Davis, a Virginia Republican, during a floor debate that started Wednesday.

States would be required to demand proof of the person's Social Security number and confirm that number with the Social Security Administration. They would also have to scan in documents showing the person's date of birth and immigration status, and create a massive store "so that the (scanned) images can be retained in electronic storage in a transferable format" permanently.

Another portion of the bill says that states would be required to link their DMV databases if they wished to receive federal funds. Among the information that must be shared: All data fields printed on drivers' licenses and identification cards, and complete drivers' histories, including motor vehicle violations, suspensions and points on licenses.

The Bush administration threw its weight behind the Real ID Act, which has been derided by some conservative and civil liberties groups as tantamount to a national ID card. The White House said in a statement this week that it "strongly supports House passage" of the bill.

Thursday's vote mostly fell along party lines. About 95 percent of the House Republicans voted for the bill, which had been prepared by the judiciary committee chairman, F. James Sensenbrenner, a Wisconsin Republican. More than three-fourths of the House Democrats opposed it.

Rep. Eleanor Holmes Norton, a Democrat from Washington, D.C., charged that Republicans were becoming hypocrites by trampling on states' rights. "I thought the other side of the aisle extols federalism at all times," Norton said. "Yes, even in hard times, even when you're dealing with terrorism. So what's happening now? Why are those who speak up for states whenever it strikes their fancy doing this now?"

Civil libertarians and firearm rights groups condemned the bill before the vote. The American Civil Liberties Union likened the new rules to a "de facto national ID card," saying that the measure would force "states to deny driver's licenses to undocumented immigrants" and make DMV employees act as agents of the federal immigration service.

Because an ID is required to purchase a firearm from a dealer, Gun Owners of America said the bill amounts to a "bureaucratic back door to implementation of a national ID card." The group warned that it would "empower the federal government to determine who can get a driver's license--and under what conditions."


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H.R.418
REAL ID Act of 2005 (Introduced in House)

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 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) 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, 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. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL RECOGNITION.

(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 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:

(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 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 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) 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.

(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 any 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.

(e) Additional Powers of Secretary- The Secretary, in the Secretary's discretion--

(1) may, in addition to the requirements of subsection (b), prescribe one or more design formats for driver's licenses and identification cards that satisfy the requirements of this section in order--

(A) to protect the national security interests of the United States; and

(B) to allow for clear visual differentiation between categories of driver's licenses and identity cards (such as to differentiate between driver's licenses valid for multi-year terms and temporary driver's licenses); and

(2) may, in addition to the limitations described in subsections (c)(2)(C)(ii) and (d)(10), further limit the validity period of driver's licenses and identification cards in order to provide for periodic confirmation of principal residence address and lawful presence in the United States in a status described in subsection (c)(2)(B).

SEC. 203. LINKING OF DATABASES.

(a) In General- To be eligible to receive any grant or other type of financial assistance made available under this title, a State shall participate in the interstate compact regarding sharing of driver license data, known as the `Driver License Agreement', in order to provide electronic 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 DOCUMENTS.

Section 1028(a)(8) of title 18, United States Code, is amended by striking `false authentication features' and inserting `false or actual authentication features'.

SEC. 205. GRANTS TO STATES.

(a) In General- The Secretary may make grants to a State to assist the State in conforming to the 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. 206. AUTHORITY.

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

(b) Extensions of Deadlines- The Secretary may grant to a State an extension of time to meet the requirements of section 202(a)(1) if the State provides adequate justification for noncompliance.

SEC. 207. REPEAL.

Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is repealed.

posted by santo26 | 02:27 PM