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Thread: New Bill in the house has been passed for Asylee and Driving License

  1. #1
    A BILL

    To establish and rapidly implement regulations for State driver's
    license and identification document security standards, to prevent
    terrorists from abusing the asylum laws of the United States, to unify
    terrorism-related grounds for inadmissibility and removal, and to
    ensure expeditious construction of the San Diego border fence.

    Be it enacted by the Senate and House of Representatives 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 FEDERAL LAWS TO PROTECT AGAINST TERRORIST ENTRY

    SEC. 101. PREVENTING TERRORISTS FROM OBTAINING ASYLUM.

    (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'' following the
    paragraph heading and inserting the following:
    ``(A) Eligibility.--The Secretary of Homeland
    Security or the Attorney General'';
    (2) by striking ``the Attorney General'' each place such
    term appears and inserting ``the Secretary of Homeland Security
    or the Attorney General''; and
    (3) by adding at the end the following:
    ``(B) Burden of proof.--
    ``(i) In general.--The burden of proof is
    on the applicant to establish that the
    applicant is a refugee, within the meaning of
    section 101(a)(42)(A). To establish that the
    applicant is a refugee, within the meaning of
    such section, the applicant must establish that
    race, religion, nationality, membership in a
    particular social group, or political opinion
    was or will be a central reason for persecuting
    the applicant.
    ``(ii) Sustaining burden.--The testimony of
    the applicant may be sufficient to sustain the
    applicant's burden without corroboration, but
    only if the trier of fact determines that it is
    credible, is persuasive, and refers to specific
    facts that demonstrate that the applicant is a
    refugee. In determining whether the applicant
    has met the applicant's burden, the trier of
    fact is entitled to weigh the credible
    testimony along with other evidence of record.
    Where the trier of fact determines, in the
    trier of fact's discretion, that the applicant
    should provide evidence which corroborates
    otherwise credible testimony, such evidence
    must be provided unless the applicant does not
    have the evidence or cannot obtain the evidence
    without departing the United States. The
    inability to obtain corroborating evidence does
    not excuse the applicant from meeting the
    applicant's burden of proof.
    ``(iii) Credibility determination.--The
    credibility determination of the trier of fact
    may, in the trier of fact's discretion, be
    based, in addition to other factors, on the
    demeanor, candor, or responsiveness of the
    applicant or witness, the inherent plausibility
    of the applicant's or witness' account, the
    consistency between the applicant's or witness'
    written and **** statements, made at any time
    and whether or not under oath, the internal
    consistency of each such statement, the
    consistency of such statements with the country
    conditions in the country from which the
    applicant claims asylum, and any inaccuracies
    or falsehoods in such statements.''.
    (b) Withholding of Removal.--Section 241(b)(3) of the Immigration
    and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the
    end the following:
    ``(C) Sustaining burden of proof; credibility
    determinations.--In determining 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 section 208(b)(1)(B).''.
    (c) Standard of Review for Orders of Removal.--Section 242(b)(4) of
    the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by
    adding at the end, after the final subparagraph, the following:
    ``No court shall reverse a determination made by a trier of
    fact with respect to the availability of corroborating
    evidence, as described in section 208(b)(1)(B) or 241(b)(3)(C),
    unless the court finds that a reasonable trier of fact is
    compelled to conclude that such corroborating evidence is
    unavailable.''.
    (d) Clarification of Discretion.--Section 242(a)(2)(B) of the
    Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended--
    (1) in the matter preceding clause (i), by inserting ``and
    regardless of whether the judgment, decision, or action is made
    in removal proceedings,'' after ``other provision of law,'';
    and
    (2) in clause (ii), by inserting ``or the Secretary of
    Homeland Security'' after ``Attorney General'' each place such
    term appears.
    (e) Effective Dates.--
    (1) The amendments made by paragraphs (1) and (2) of
    subsection (a) shall take effect as if enacted on March 1,
    2003.
    (2) The amendments made by subsections (a)(3) and (b) shall
    take effect on the date of the enactment of this Act and shall
    apply to applications for asylum or withholding made on or
    after such date.
    (3) The amendment made by subsection (c) shall take effect
    on the date of the enactment of this Act and shall apply to all
    cases in which the final administrative removal order was
    issued before, on, or after such date.
    (4) The amendments made by subsection (d) shall take effect
    on the date of the enactment of this Act and shall apply to all
    cases pending before any court on or after such date.
    (f) Repeal.--Section 5403 of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458) is repealed.

    SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT 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 discretion, determines necessary to
    ensure expeditious construction of the barriers and roads under
    this section.
    ``(2) No judicial review.--Notwithstanding any other
    provision of law (statutory or nonstatutory), no court shall
    have jurisdiction--
    ``(A) to hear any cause or claim arising from any
    action undertaken, or any decision made, by the
    Secretary of Homeland Security pursuant to paragraph
    (1); or
    ``(B) to order compensatory, declaratory,
    injunctive, equitable, or any other relief for damage
    alleged to arise from any such action or decision.''.

    SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED
    ACTIVITIES.

    (a) In General.--Section 212(a)(3)(B)(i) of the Immigration and
    Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended to read as
    follows:
    ``(i) In general.--Any alien who--
    ``(I) has engaged in a terrorist
    activity;
    ``(II) a consular officer, the
    Attorney General, or the Secretary of
    Homeland Security knows, or has
    reasonable ground to believe, is
    engaged in or is likely to engage after
    entry in any terrorist activity (as
    defined in clause (iv));
    ``(III) has, under circumstances
    indicating an intention to cause death
    or serious bodily harm, incited
    terrorist activity;
    ``(IV) is a representative (as
    defined in clause (v)) of--
    ``(aa) a terrorist
    organization; or
    ``(bb) a political, social,
    or other group that endorses or
    espouses 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
    demonstrate by clear and convincing
    evidence that the alien did not know,
    and should not reasonably have known,
    that the organization was a terrorist
    organization;
    ``(VII) endorses or espouses
    terrorist activity or persuades others
    to endorse or espouse terrorist
    activity or support a terrorist
    organization;
    ``(VIII) has received military-type
    training (as defined in section
    2339D(c)(1) of title 18, United States
    Code) from or on behalf of any
    organization that, at the time the
    training was received, was a terrorist
    organization; 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
    occurred within the last 5 years,
    is inadmissible. An alien who is an officer,
    official, representative, or spokesman of the
    Palestine Liberation Organization is
    considered, for purposes of this Act, to be
    engaged in a terrorist activity.''.
    (b) Engage in Terrorist Activity Defined.--Section 212(a)(3)(B)(iv)
    of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is
    amended to read as follows:
    ``(iv) Engage in terrorist activity
    defined.--As used in this subparagraph, the
    term `engage in terrorist activity' means, in
    an individual capacity or as a member of an
    organization--
    ``(I) to commit or to incite to
    commit, under circumstances indicating
    an intention to cause death or serious
    bodily injury, a terrorist activity;
    ``(II) to prepare or plan a
    terrorist 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
    organization described in
    clause (vi)(I) or (vi)(II); or
    ``(cc) a terrorist
    organization described in
    clause (vi)(III), unless the
    solicitor can demonstrate by
    clear and convincing evidence
    that he did not know, and
    should not reasonably have
    known, that the organization
    was a terrorist organization;
    ``(V) to solicit any individual--
    ``(aa) to engage in conduct
    otherwise described in this
    clause;
    ``(bb) for membership in a
    terrorist organization
    described in clause (vi)(I) or
    (vi)(II); or
    ``(cc) for membership in a
    terrorist organization
    described in clause (vi)(III),
    unless the solicitor can
    demonstrate by clear and
    convincing evidence that he did
    not know, and should not
    reasonably have known, that the
    organization was a terrorist
    organization; or
    ``(VI) to commit an act that the
    actor knows, or reasonably should know,
    affords material support, including a
    safe house, transportation,
    communications, funds, transfer of
    funds or other material financial
    benefit, false documentation or
    identification, weapons (including
    chemical, biological, or radiological
    weapons), explosives, or training--
    ``(aa) for the commission
    of a terrorist activity;
    ``(bb) to any individual
    who the actor knows, or
    reasonably should know, has
    committed or plans to commit a
    terrorist activity;
    ``(cc) to a terrorist
    organization described in
    subclause (I) or (II) of clause
    (vi); or
    ``(dd) to a terrorist
    organization described in
    clause (vi)(III), 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.''.
    (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 follows:
    ``(vi) Terrorist organization defined.--As
    used in this section, the term `terrorist
    organization' means an organization--
    ``(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
    Attorney General or the Secretary of
    Homeland Security, as a terrorist
    organization, after finding that the
    organization engages in the activities
    described in subclauses (I) through
    (VI) of clause (iv); or
    ``(III) that is a group of two or
    more individuals, whether organized or
    not, which engages in, or has a
    subgroup which engages in, the
    activities described in subclauses (I)
    through (VI) of clause (iv).''.
    (d) Effective Date.--The amendments made by this section shall take
    effect on the date of the enactment of this Act and shall apply to--
    (1) removal proceedings instituted before, on, or after the
    date of the enactment of this Act; and
    (2) acts and conditions constituting a ground for
    inadmissibility occurring or existing before, on, or after such
    date.

    SEC. 104. REMOVAL OF TERRORISTS.

    (a) In General.--
    (1) In general.--Section 237(a)(4)(B) (8 U.S.C.
    1227(a)(4)(B)) is amended to read as follows:
    ``(B) Terrorist activities.--Any alien who would be
    considered inadmissible pursuant to subparagraph (B) or
    (F) of section 212(a)(3) is deportable.''.
    (2) Effective date.--The amendment made by paragraph (1)
    shall take effect on the date of the enactment of this Act and
    shall apply to acts and conditions constituting a ground for
    removal occurring or existing before, on, or after such date.
    (b) Repeal.--Effective as of the date of the enactment of the
    Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
    108-458), section 5402 of such Act is repealed, and the Immigration and
    Nationality Act shall be applied as if such section had not been
    enacted.

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

    SEC. 201. DEFINITIONS.

    In this title, the following definitions apply:
    (1) Driver's license.--The term ``driver's 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.
    <all>

  2. #2
    A BILL

    To establish and rapidly implement regulations for State driver's
    license and identification document security standards, to prevent
    terrorists from abusing the asylum laws of the United States, to unify
    terrorism-related grounds for inadmissibility and removal, and to
    ensure expeditious construction of the San Diego border fence.

    Be it enacted by the Senate and House of Representatives 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 FEDERAL LAWS TO PROTECT AGAINST TERRORIST ENTRY

    SEC. 101. PREVENTING TERRORISTS FROM OBTAINING ASYLUM.

    (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'' following the
    paragraph heading and inserting the following:
    ``(A) Eligibility.--The Secretary of Homeland
    Security or the Attorney General'';
    (2) by striking ``the Attorney General'' each place such
    term appears and inserting ``the Secretary of Homeland Security
    or the Attorney General''; and
    (3) by adding at the end the following:
    ``(B) Burden of proof.--
    ``(i) In general.--The burden of proof is
    on the applicant to establish that the
    applicant is a refugee, within the meaning of
    section 101(a)(42)(A). To establish that the
    applicant is a refugee, within the meaning of
    such section, the applicant must establish that
    race, religion, nationality, membership in a
    particular social group, or political opinion
    was or will be a central reason for persecuting
    the applicant.
    ``(ii) Sustaining burden.--The testimony of
    the applicant may be sufficient to sustain the
    applicant's burden without corroboration, but
    only if the trier of fact determines that it is
    credible, is persuasive, and refers to specific
    facts that demonstrate that the applicant is a
    refugee. In determining whether the applicant
    has met the applicant's burden, the trier of
    fact is entitled to weigh the credible
    testimony along with other evidence of record.
    Where the trier of fact determines, in the
    trier of fact's discretion, that the applicant
    should provide evidence which corroborates
    otherwise credible testimony, such evidence
    must be provided unless the applicant does not
    have the evidence or cannot obtain the evidence
    without departing the United States. The
    inability to obtain corroborating evidence does
    not excuse the applicant from meeting the
    applicant's burden of proof.
    ``(iii) Credibility determination.--The
    credibility determination of the trier of fact
    may, in the trier of fact's discretion, be
    based, in addition to other factors, on the
    demeanor, candor, or responsiveness of the
    applicant or witness, the inherent plausibility
    of the applicant's or witness' account, the
    consistency between the applicant's or witness'
    written and **** statements, made at any time
    and whether or not under oath, the internal
    consistency of each such statement, the
    consistency of such statements with the country
    conditions in the country from which the
    applicant claims asylum, and any inaccuracies
    or falsehoods in such statements.''.
    (b) Withholding of Removal.--Section 241(b)(3) of the Immigration
    and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the
    end the following:
    ``(C) Sustaining burden of proof; credibility
    determinations.--In determining 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 section 208(b)(1)(B).''.
    (c) Standard of Review for Orders of Removal.--Section 242(b)(4) of
    the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by
    adding at the end, after the final subparagraph, the following:
    ``No court shall reverse a determination made by a trier of
    fact with respect to the availability of corroborating
    evidence, as described in section 208(b)(1)(B) or 241(b)(3)(C),
    unless the court finds that a reasonable trier of fact is
    compelled to conclude that such corroborating evidence is
    unavailable.''.
    (d) Clarification of Discretion.--Section 242(a)(2)(B) of the
    Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended--
    (1) in the matter preceding clause (i), by inserting ``and
    regardless of whether the judgment, decision, or action is made
    in removal proceedings,'' after ``other provision of law,'';
    and
    (2) in clause (ii), by inserting ``or the Secretary of
    Homeland Security'' after ``Attorney General'' each place such
    term appears.
    (e) Effective Dates.--
    (1) The amendments made by paragraphs (1) and (2) of
    subsection (a) shall take effect as if enacted on March 1,
    2003.
    (2) The amendments made by subsections (a)(3) and (b) shall
    take effect on the date of the enactment of this Act and shall
    apply to applications for asylum or withholding made on or
    after such date.
    (3) The amendment made by subsection (c) shall take effect
    on the date of the enactment of this Act and shall apply to all
    cases in which the final administrative removal order was
    issued before, on, or after such date.
    (4) The amendments made by subsection (d) shall take effect
    on the date of the enactment of this Act and shall apply to all
    cases pending before any court on or after such date.
    (f) Repeal.--Section 5403 of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458) is repealed.

    SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT 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 discretion, determines necessary to
    ensure expeditious construction of the barriers and roads under
    this section.
    ``(2) No judicial review.--Notwithstanding any other
    provision of law (statutory or nonstatutory), no court shall
    have jurisdiction--
    ``(A) to hear any cause or claim arising from any
    action undertaken, or any decision made, by the
    Secretary of Homeland Security pursuant to paragraph
    (1); or
    ``(B) to order compensatory, declaratory,
    injunctive, equitable, or any other relief for damage
    alleged to arise from any such action or decision.''.

    SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED
    ACTIVITIES.

    (a) In General.--Section 212(a)(3)(B)(i) of the Immigration and
    Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended to read as
    follows:
    ``(i) In general.--Any alien who--
    ``(I) has engaged in a terrorist
    activity;
    ``(II) a consular officer, the
    Attorney General, or the Secretary of
    Homeland Security knows, or has
    reasonable ground to believe, is
    engaged in or is likely to engage after
    entry in any terrorist activity (as
    defined in clause (iv));
    ``(III) has, under circumstances
    indicating an intention to cause death
    or serious bodily harm, incited
    terrorist activity;
    ``(IV) is a representative (as
    defined in clause (v)) of--
    ``(aa) a terrorist
    organization; or
    ``(bb) a political, social,
    or other group that endorses or
    espouses 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
    demonstrate by clear and convincing
    evidence that the alien did not know,
    and should not reasonably have known,
    that the organization was a terrorist
    organization;
    ``(VII) endorses or espouses
    terrorist activity or persuades others
    to endorse or espouse terrorist
    activity or support a terrorist
    organization;
    ``(VIII) has received military-type
    training (as defined in section
    2339D(c)(1) of title 18, United States
    Code) from or on behalf of any
    organization that, at the time the
    training was received, was a terrorist
    organization; 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
    occurred within the last 5 years,
    is inadmissible. An alien who is an officer,
    official, representative, or spokesman of the
    Palestine Liberation Organization is
    considered, for purposes of this Act, to be
    engaged in a terrorist activity.''.
    (b) Engage in Terrorist Activity Defined.--Section 212(a)(3)(B)(iv)
    of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is
    amended to read as follows:
    ``(iv) Engage in terrorist activity
    defined.--As used in this subparagraph, the
    term `engage in terrorist activity' means, in
    an individual capacity or as a member of an
    organization--
    ``(I) to commit or to incite to
    commit, under circumstances indicating
    an intention to cause death or serious
    bodily injury, a terrorist activity;
    ``(II) to prepare or plan a
    terrorist 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
    organization described in
    clause (vi)(I) or (vi)(II); or
    ``(cc) a terrorist
    organization described in
    clause (vi)(III), unless the
    solicitor can demonstrate by
    clear and convincing evidence
    that he did not know, and
    should not reasonably have
    known, that the organization
    was a terrorist organization;
    ``(V) to solicit any individual--
    ``(aa) to engage in conduct
    otherwise described in this
    clause;
    ``(bb) for membership in a
    terrorist organization
    described in clause (vi)(I) or
    (vi)(II); or
    ``(cc) for membership in a
    terrorist organization
    described in clause (vi)(III),
    unless the solicitor can
    demonstrate by clear and
    convincing evidence that he did
    not know, and should not
    reasonably have known, that the
    organization was a terrorist
    organization; or
    ``(VI) to commit an act that the
    actor knows, or reasonably should know,
    affords material support, including a
    safe house, transportation,
    communications, funds, transfer of
    funds or other material financial
    benefit, false documentation or
    identification, weapons (including
    chemical, biological, or radiological
    weapons), explosives, or training--
    ``(aa) for the commission
    of a terrorist activity;
    ``(bb) to any individual
    who the actor knows, or
    reasonably should know, has
    committed or plans to commit a
    terrorist activity;
    ``(cc) to a terrorist
    organization described in
    subclause (I) or (II) of clause
    (vi); or
    ``(dd) to a terrorist
    organization described in
    clause (vi)(III), 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.''.
    (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 follows:
    ``(vi) Terrorist organization defined.--As
    used in this section, the term `terrorist
    organization' means an organization--
    ``(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
    Attorney General or the Secretary of
    Homeland Security, as a terrorist
    organization, after finding that the
    organization engages in the activities
    described in subclauses (I) through
    (VI) of clause (iv); or
    ``(III) that is a group of two or
    more individuals, whether organized or
    not, which engages in, or has a
    subgroup which engages in, the
    activities described in subclauses (I)
    through (VI) of clause (iv).''.
    (d) Effective Date.--The amendments made by this section shall take
    effect on the date of the enactment of this Act and shall apply to--
    (1) removal proceedings instituted before, on, or after the
    date of the enactment of this Act; and
    (2) acts and conditions constituting a ground for
    inadmissibility occurring or existing before, on, or after such
    date.

    SEC. 104. REMOVAL OF TERRORISTS.

    (a) In General.--
    (1) In general.--Section 237(a)(4)(B) (8 U.S.C.
    1227(a)(4)(B)) is amended to read as follows:
    ``(B) Terrorist activities.--Any alien who would be
    considered inadmissible pursuant to subparagraph (B) or
    (F) of section 212(a)(3) is deportable.''.
    (2) Effective date.--The amendment made by paragraph (1)
    shall take effect on the date of the enactment of this Act and
    shall apply to acts and conditions constituting a ground for
    removal occurring or existing before, on, or after such date.
    (b) Repeal.--Effective as of the date of the enactment of the
    Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
    108-458), section 5402 of such Act is repealed, and the Immigration and
    Nationality Act shall be applied as if such section had not been
    enacted.

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

    SEC. 201. DEFINITIONS.

    In this title, the following definitions apply:
    (1) Driver's license.--The term ``driver's 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.
    &lt;all&gt;
    I am not a lawyer nor do I claim to be one so please double-check any information given by me, or anyone else for that matter, with a certified (immigration)lawyer before you take any further steps

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