Info about the act.

The Real ID Act started off as H.R. 418, which passed the House[2] and went stagnant. Representative James Sensenbrenner (R) of Wisconsin, the author of the original Real ID Act, then attached it as a rider on a military spending bill (H.R. 1268). The House of Representatives passed that spending bill with the Real ID rider 368-58,[3] and the Senate passed the joint House-Senate conference report on that bill 100-0.[4] President Bush signed it into law on May 11, 2005.[5]

On March 2, 2007, it was announced that enforcement of the Act would be postponed for two years.[6] The provisions of the bill will be delayed from going into effect until December 2009. On January 11, 2008, it was announced that the deadline has been extended again, until 2011, in hopes of gaining more support from states.[7] On the same date the Department of Homeland Security released the final rule [8] regarding the implementation of the driver's licenses provisions of the Real ID Act. A pdf of the final rule, as well as DHS Secretary Chertoff's press conference, in pdf transcript, audio and video formats, can be found at BiometricBits.com.


A copy of hr 418
I
109TH CONGRESS
1ST SESSION H. R. 418
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.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 2005
Mr. SENSENBRENNER (for himself, Mr. TOM DAVIS of Virginia, Mr. DREIER,
Mr. HUNTER, Mr. HYDE, Mr. HOEKSTRA, Mr. COX, Mr. HOSTETTLER,
Mr. SMITH of Texas, Mr. COBLE, Mr. CHABOT, Mr. AKIN, Mr. ALEXANDER,
Mr. BACHUS, Mr. BAKER, Mr. BARTON of Texas, Mr. BASS, Mr.
BILIRAKIS, Mrs. BLACKBURN, Mr. BLUNT, Mrs. BONO, Mr. BOOZMAN,
Mr. BRADLEY of New Hampshire, Mr. BRADY of Texas, Ms. GINNY
BROWN-WAITE of Florida, Mr. BURGESS, Mr. BURTON of Indiana, Mr.
BUYER, Mr. CALVERT, Mr. CAMP, Mr. CANTOR, Mrs. CAPITO, Mr.
CARTER, Mr. CHOCOLA, Mr. CRENSHAW, Mrs. CUBIN, Mr. CULBERSON,
Mr. CUNNINGHAM, Mr. DAVIS of Kentucky, Mrs. JO ANN DAVIS of Virginia,
Mr. DAVIS of Tennessee, Mr. DEAL of Georgia, Mr. DOOLITTLE,
Mr. DUNCAN, Mrs. EMERSON, Mr. EVERETT, Mr. FEENEY, Mr. FOLEY,
Mr. FORBES, Mr. FOSSELLA, Ms. FOXX, Mr. GALLEGLY, Mr. GARRETT
of New Jersey, Mr. GILLMOR, Mr. GINGREY, Mr. GOHMERT, Mr. GOODE,
Mr. GOODLATTE, Mr. GREEN of Wisconsin, Mr. GUTKNECHT, Ms. HART,
Mr. HAYWORTH, Mr. HENSARLING, Mr. HERGER, Mr. ISSA, Mr. ISTOOK,
Mr. SAM JOHNSON of Texas, Mr. JONES of North Carolina, Mr. KELLER,
Mr. KENNEDY of Minnesota, Mr. KING of Iowa, Mr. KINGSTON, Mr.
KLINE, Mr. LEWIS of California, Mr. LEWIS of Kentucky, Mr. LINDER,
Mr. DANIEL E. LUNGREN of California, Mr. MCCAUL of Texas, Mr.
MCCRERY, Mr. MCHUGH, Mr. MCKEON, Mr. MANZULLO, Mr. MILLER of
Florida, Mr. GARY G. MILLER of California, Mrs. MUSGRAVE, Mrs.
MYRICK, Mr. NEUGEBAUER, Mrs. NORTHUP, Mr. NORWOOD, Mr. NUNES,
Mr. OSBORNE, Mr. OTTER, Mr. PITTS, Mr. RADANOVICH, Mr. RAMSTAD,
Mr. ROGERS of Alabama, Mr. ROGERS of Michigan, Mr. ROHRABACHER,
Mr. ROYCE, Mr. RYAN of Wisconsin, Mr. SESSIONS, Mr. SHADEGG, Mr.
SHAW, Mr. SHUSTER, Mr. SIMPSON, Mr. SOUDER, Mr. STEARNS, Mr.
SULLIVAN, Mr. SWEENEY, Mr. TANCREDO, Mr. TURNER, Mr. THOMAS,
Mr. WAMP, Mr. WELDON of Florida, Mr. WILSON of South Carolina, and
Mrs. DRAKE) introduced the following bill; which was referred to the
2
•HR 418 IH
Committee on the Judiciary, and in addition to the Select Committee on
Homeland Security and Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
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.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘REAL ID Act of
5 2005’’.
6 TITLE I—AMENDMENTS TO FED7
ERAL LAWS TO PROTECT
8 AGAINST TERRORIST ENTRY
9 SEC. 101. PREVENTING TERRORISTS FROM OBTAINING ASY10
LUM.
11 (a) CONDITIONS FOR GRANTING ASYLUM.—Section
12 208(b)(1) of the Immigration and Nationality Act (8
13 U.S.C. 1158(b)(1)) is amended—
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•HR 418 IH
1 (1) by striking ‘‘The Attorney General’’ fol2
lowing the paragraph heading and inserting the fol3
lowing:
4 ‘‘(A) ELIGIBILITY.—The Secretary of
5 Homeland Security or the Attorney General’’;
6 (2) by striking ‘‘the Attorney General’’ each
7 place such term appears and inserting ‘‘the Sec8
retary of Homeland Security or the Attorney Gen9
eral’’; and
10 (3) by adding at the end the following:
11 ‘‘(B) BURDEN OF PROOF.—
12 ‘‘(i) IN GENERAL.—The burden of
13 proof is on the applicant to establish that
14 the applicant is a refugee, within the
15 meaning of section 101(a)(42)(A). To es16
tablish that the applicant is a refugee,
17 within the meaning of such section, the ap18
plicant must establish that race, religion,
19 nationality, membership in a particular so20
cial group, or political opinion was or will
21 be a central reason for persecuting the ap22
plicant.
23 ‘‘(ii) SUSTAINING BURDEN.—The tes24
timony of the applicant may be sufficient
25 to sustain the applicant’s burden without
4
•HR 418 IH
1 corroboration, but only if the trier of fact
2 determines that it is credible, is persuasive,
3 and refers to specific facts that dem4
onstrate that the applicant is a refugee. In
5 determining whether the applicant has met
6 the applicant’s burden, the trier of fact is
7 entitled to weigh the credible testimony
8 along with other evidence of record. Where
9 the trier of fact determines, in the trier of
10 fact’s discretion, that the applicant should
11 provide evidence which corroborates other12
wise credible testimony, such evidence
13 must be provided unless the applicant does
14 not have the evidence or cannot obtain the
15 evidence without departing the United
16 States. The inability to obtain corrobo17
rating evidence does not excuse the appli18
cant from meeting the applicant’s burden
19 of proof.
20 ‘‘(iii) CREDIBILITY DETERMINA21
TION.—The credibility determination of the
22 trier of fact may, in the trier of fact’s dis23
cretion, be based, in addition to other fac24
tors, on the demeanor, candor, or respon25
siveness of the applicant or witness, the in5
•HR 418 IH
1 herent plausibility of the applicant’s or wit2
ness’ account, the consistency between the
3 applicant’s or witness’ written and oral
4 statements, made at any time and whether
5 or not under oath, the internal consistency
6 of each such statement, the consistency of
7 such statements with the country condi8
tions in the country from which the appli9
cant claims asylum, and any inaccuracies
10 or falsehoods in such statements.’’.
11 (b) WITHHOLDING OF REMOVAL.—Section 241(b)(3)
12 of the Immigration and Nationality Act (8 U.S.C.
13 1231(b)(3)) is amended by adding at the end the fol14
lowing:
15 ‘‘(C) SUSTAINING BURDEN OF PROOF;
16 CREDIBILITY DETERMINATIONS.—In deter17
mining whether an alien has demonstrated that
18 the alien’s life or freedom would be threatened
19 for a reason described in subparagraph (A), the
20 trier of fact shall determine whether the alien
21 has sustained the alien’s burden of proof, and
22 shall make credibility determinations, in the
23 manner described in clauses (ii) and (iii) of sec24
tion 208(b)(1)(B).’’.
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•HR 418 IH
1 (c) STANDARD OF REVIEW FOR ORDERS OF RE2
MOVAL.—Section 242(b)(4) of the Immigration and Na3
tionality Act (8 U.S.C. 1252(b)(4)) is amended by adding
4 at the end, after the final subparagraph, the following:
5 ‘‘No court shall reverse a determination made by a
6 trier of fact with respect to the availability of cor7
roborating evidence, as described in section
8 208(b)(1)(B) or 241(b)(3)(C), unless the court finds
9 that a reasonable trier of fact is compelled to con10
clude that such corroborating evidence is unavail11
able.’’.
12 (d) CLARIFICATION OF DISCRETION.—Section
13 242(a)(2)(B) of the Immigration and Nationality Act (8
14 U.S.C. 1252(a)(2)(B)) is amended—
15 (1) in the matter preceding clause (i), by insert16
ing ‘‘and regardless of whether the judgment, deci17
sion, or action is made in removal proceedings,’’
18 after ‘‘other provision of law,’’; and
19 (2) in clause (ii), by inserting ‘‘or the Secretary
20 of Homeland Security’’ after ‘‘Attorney General’’
21 each place such term appears.
22 (e) EFFECTIVE DATES.—
23 (1) The amendments made by paragraphs (1)
24 and (2) of subsection (a) shall take effect as if en25
acted on March 1, 2003.
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•HR 418 IH
1 (2) The amendments made by subsections
2 (a)(3) and (b) shall take effect on the date of the
3 enactment of this Act and shall apply to applications
4 for asylum or withholding made on or after such
5 date.
6 (3) The amendment made by subsection (c)
7 shall take effect on the date of the enactment of this
8 Act and shall apply to all cases in which the final
9 administrative removal order was issued before, on,
10 or after such date.
11 (4) The amendments made by subsection (d)
12 shall take effect on the date of the enactment of this
13 Act and shall apply to all cases pending before any
14 court on or after such date.
15 (f) REPEAL.—Section 5403 of the Intelligence Re16
form and Terrorism Prevention Act of 2004 (Public Law
17 108–458) is repealed.
18 SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE19
MENT OF BARRIERS AT BORDERS.
20 Section 102(c) of the Illegal Immigration Reform and
21 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103
22 note) is amended to read as follows:
23 ‘‘(c) WAIVER.—
24 ‘‘(1) IN GENERAL.—Notwithstanding any other
25 provision of law, the Secretary of Homeland Security
8
•HR 418 IH
1 shall have the authority to waive, and shall waive, all
2 laws such Secretary, in such Secretary’s sole discre3
tion, determines necessary to ensure expeditious con4
struction of the barriers and roads under this sec5
tion.
6 ‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding
7 any other provision of law (statutory or nonstatu8
tory), no court shall have jurisdiction—
9 ‘‘(A) to hear any cause or claim arising
10 from any action undertaken, or any decision
11 made, by the Secretary of Homeland Security
12 pursuant to paragraph (1); or
13 ‘‘(B) to order compensatory, declaratory,
14 injunctive, equitable, or any other relief for
15 damage alleged to arise from any such action or
16 decision.’’.
17 SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TER18
RORIST-RELATED ACTIVITIES.
19 (a) IN GENERAL.—Section 212(a)(3)(B)(i) of the
20 Immigration and Nationality Act (8 U.S.C.
21 1182(a)(3)(B)(i)) is amended to read as follows:
22 ‘‘(i) IN GENERAL.—Any alien who—
23 ‘‘(I) has engaged in a terrorist
24 activity;
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•HR 418 IH
1 ‘‘(II) a consular officer, the At2
torney General, or the Secretary of
3 Homeland Security knows, or has rea4
sonable ground to believe, is engaged
5 in or is likely to engage after entry in
6 any terrorist activity (as defined in
7 clause (iv));
8 ‘‘(III) has, under circumstances
9 indicating an intention to cause death
10 or serious bodily harm, incited ter11
rorist activity;
12 ‘‘(IV) is a representative (as de13
fined in clause (v)) of—
14 ‘‘(aa) a terrorist organiza15
tion; or
16 ‘‘(bb) a political, social, or
17 other group that endorses or es18
pouses terrorist activity;
19 ‘‘(V) is a member of a terrorist
20 organization described in subclause (I)
21 or (II) of clause (vi);
22 ‘‘(VI) is a member of a terrorist
23 organization described in clause
24 (vi)(III), unless the alien can dem25
onstrate by clear and convincing evi10
•HR 418 IH
1 dence that the alien did not know, and
2 should not reasonably have known,
3 that the organization was a terrorist
4 organization;
5 ‘‘(VII) endorses or espouses ter6
rorist activity or persuades others to
7 endorse or espouse terrorist activity or
8 support a terrorist organization;
9 ‘‘(VIII) has received military-type
10 training (as defined in section
11 2339D(c)(1) of title 18, United States
12 Code) from or on behalf of any orga13
nization that, at the time the training
14 was received, was a terrorist organiza15
tion; or
16 ‘‘(IX) is the spouse or child of an
17 alien who is inadmissible under this
18 subparagraph, if the activity causing
19 the alien to be found inadmissible oc20
curred within the last 5 years,
21 is inadmissible. An alien who is an officer,
22 official, representative, or spokesman of
23 the Palestine Liberation Organization is
24 considered, for purposes of this Act, to be
25 engaged in a terrorist activity.’’.
11
•HR 418 IH
1 (b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—
2 Section 212(a)(3)(B)(iv) of the Immigration and Nation3
ality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read
4 as follows:
5 ‘‘(iv) ENGAGE IN TERRORIST ACTIVITY
6 DEFINED.—As used in this subparagraph,
7 the term ‘engage in terrorist activity’
8 means, in an individual capacity or as a
9 member of an organization—
10 ‘‘(I) to commit or to incite to
11 commit, under circumstances indi12
cating an intention to cause death or
13 serious bodily injury, a terrorist activ14
ity;
15 ‘‘(II) to prepare or plan a ter16
rorist activity;
17 ‘‘(III) to gather information on
18 potential targets for terrorist activity;
19 ‘‘(IV) to solicit funds or other
20 things of value for—
21 ‘‘(aa) a terrorist activity;
22 ‘‘(bb) a terrorist organiza23
tion described in clause (vi)(I) or
24 (vi)(II); or
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•HR 418 IH
1 ‘‘(cc) a terrorist organiza2
tion described in clause (vi)(III),
3 unless the solicitor can dem4
onstrate by clear and convincing
5 evidence that he did not know,
6 and should not reasonably have
7 known, that the organization was
8 a terrorist organization;
9 ‘‘(V) to solicit any individual—
10 ‘‘(aa) to engage in conduct
11 otherwise described in this
12 clause;
13 ‘‘(bb) for membership in a
14 terrorist organization described
15 in clause (vi)(I) or (vi)(II); or
16 ‘‘(cc) for membership in a
17 terrorist organization described
18 in clause (vi)(III), unless the so19
licitor can demonstrate by clear
20 and convincing evidence that he
21 did not know, and should not
22 reasonably have known, that the
23 organization was a terrorist orga24
nization; or
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•HR 418 IH
1 ‘‘(VI) to commit an act that the
2 actor knows, or reasonably should
3 know, affords material support, in4
cluding a safe house, transportation,
5 communications, funds, transfer of
6 funds or other material financial ben7
efit, false documentation or identifica8
tion, weapons (including chemical, bi9
ological, or radiological weapons), ex10
plosives, or training—
11 ‘‘(aa) for the commission of
12 a terrorist activity;
13 ‘‘(bb) to any individual who
14 the actor knows, or reasonably
15 should know, has committed or
16 plans to commit a terrorist activ17
ity;
18 ‘‘(cc) to a terrorist organiza19
tion described in subclause (I) or
20 (II) of clause (vi); or
21 ‘‘(dd) to a terrorist organi22
zation described in clause
23 (vi)(III), unless the actor can
24 demonstrate by clear and con25
vincing evidence that the actor
14
•HR 418 IH
1 did not know, and should not
2 reasonably have known, that the
3 organization was a terrorist orga4
nization.’’.
5 (c) TERRORIST ORGANIZATION DEFINED.—Section
6 212(a)(3)(B)(vi) of the Immigration and Nationality Act
7 (8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as fol8
lows:
9 ‘‘(vi) TERRORIST ORGANIZATION DE10
FINED.—As used in this section, the term
11 ‘terrorist organization’ means an organiza12
tion—
13 ‘‘(I) designated under section
14 219;
15 ‘‘(II) otherwise designated, upon
16 publication in the Federal Register, by
17 the Secretary of State in consultation
18 with or upon the request of the Attor19
ney General or the Secretary of
20 Homeland Security, as a terrorist or21
ganization, after finding that the or22
ganization engages in the activities
23 described in subclauses (I) through
24 (VI) of clause (iv); or
15
•HR 418 IH
1 ‘‘(III) that is a group of two or
2 more individuals, whether organized
3 or not, which engages in, or has a
4 subgroup which engages in, the activi5
ties described in subclauses (I)
6 through (VI) of clause (iv).’’.
7 (d) EFFECTIVE DATE.—The amendments made by
8 this section shall take effect on the date of the enactment
9 of this Act and shall apply to—
10 (1) removal proceedings instituted before, on, or
11 after the date of the enactment of this Act; and
12 (2) acts and conditions constituting a ground
13 for inadmissibility occurring or existing before, on,
14 or after such date.
15 SEC. 104. REMOVAL OF TERRORISTS.
16 (a) IN GENERAL.—
17 (1) IN GENERAL.—Section 237(a)(4)(B) (8
18 U.S.C. 1227(a)(4)(B)) is amended to read as fol19
lows:
20 ‘‘(B) TERRORIST ACTIVITIES.—Any alien
21 who would be considered inadmissible pursuant
22 to subparagraph (B) or (F) of section
23 212(a)(3) is deportable.’’.
24 (2) EFFECTIVE DATE.—The amendment made
25 by paragraph (1) shall take effect on the date of the
16
•HR 418 IH
1 enactment of this Act and shall apply to acts and
2 conditions constituting a ground for removal occur3
ring or existing before, on, or after such date.
4 (b) REPEAL.—Effective as of the date of the enact5
ment of the Intelligence Reform and Terrorism Prevention
6 Act of 2004 (Public Law 108–458), section 5402 of such
7 Act is repealed, and the Immigration and Nationality Act
8 shall be applied as if such section had not been enacted.
9 TITLE II—IMPROVED SECURITY
10 FOR DRIVERS’ LICENSES AND
11 PERSONAL IDENTIFICATION
12 CARDS
13 SEC. 201. DEFINITIONS.
14 In this title, the following definitions apply:
15 (1) DRIVER’S LICENSE.—The term ‘‘driver’s li16
cense’’ means a motor vehicle operator’s license, as
17 defined in section 30301 of title 49, United States
18 Code.
19 (2) IDENTIFICATION CARD.—The term ‘‘identi20
fication card’’ means a personal identification card,
21 as defined in section 1028(d) of title 18, United
22 States Code, issued by a State.
23 (3) SECRETARY.—The term ‘‘Secretary’’ means
24 the Secretary of Homeland Security.
17
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1 (4) STATE.—The term ‘‘State’’ means a State
2 of the United States, the District of Columbia, Puer3
to Rico, the Virgin Islands, Guam, American Samoa,
4 the Northern Mariana Islands, the Trust Territory
5 of the Pacific Islands, and any other territory or
6 possession of the United States.
7 SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND
8 ISSUANCE STANDARDS FOR FEDERAL REC9
OGNITION.
10 (a) MINIMUM STANDARDS FOR FEDERAL USE.—
11 (1) IN GENERAL.—Beginning 3 years after the
12 date of the enactment of this Act, a Federal agency
13 may not accept, for any official purpose, a driver’s
14 license or identification card issued by a State to
15 any person unless the State is meeting the require16
ments of this section.
17 (2) STATE CERTIFICATIONS.—The Secretary
18 shall determine whether a State is meeting the re19
quirements of this section based on certifications
20 made by the State to the Secretary. Such certifi21
cations shall be made at such times and in such
22 manner as the Secretary, in consultation with the
23 Secretary of Transportation, may prescribe by regu24
lation.
18
•HR 418 IH
1 (b) MINIMUM DOCUMENT REQUIREMENTS.—To meet
2 the requirements of this section, a State shall include, at
3 a minimum, the following information and features on
4 each driver’s license and identification card issued to a
5 person by the State:
6 (1) The person’s full legal name.
7 (2) The person’s date of birth.
8 (3) The person’s gender.
9 (4) The person’s driver’s license or identifica10
tion card number.
11 (5) A digital photograph of the person.
12 (6) The person’s address of principle residence.
13 (7) The person’s signature.
14 (8) Physical security features designed to pre15
vent tampering, counterfeiting, or duplication of the
16 document for fraudulent purposes.
17 (9) A common machine-readable technology,
18 with defined minimum data elements.
19 (c) MINIMUM ISSUANCE STANDARDS.—
20 (1) IN GENERAL.—To meet the requirements of
21 this section, a State shall require, at a minimum,
22 presentation and verification of the following infor23
mation before issuing a driver’s license or identifica24
tion card to a person:
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•HR 418 IH
1 (A) A photo identity document, except that
2 a non-photo identity document is acceptable if
3 it includes both the person’s full legal name and
4 date of birth.
5 (B) Documentation showing the person’s
6 date of birth.
7 (C) Proof of the person’s social security
8 account number or verification that the person
9 is not eligible for a social security account num10
ber.
11 (D) Documentation showing the person’s
12 name and address of principal residence.
13 (2) SPECIAL REQUIREMENTS.—
14 (A) IN GENERAL.—To meet the require15
ments of this section, a State shall comply with
16 the minimum standards of this paragraph.
17 (B) EVIDENCE OF LAWFUL STATUS.—A
18 State shall require, before issuing a driver’s li19
cense or identification card to a person, valid
20 documentary evidence that the person—
21 (i) is a citizen of the United States;
22 (ii) is an alien lawfully admitted for
23 permanent or temporary residence in the
24 United States;
20
•HR 418 IH
1 (iii) has conditional permanent resi2
dent status in the United States;
3 (iv) has an approved application for
4 asylum in the United States or has entered
5 into the United States in refugee status;
6 (v) has a valid, unexpired non7
immigrant visa or nonimmigrant visa sta8
tus for entry into the United States;
9 (vi) has a pending application for asy10
lum in the United States;
11 (vii) has a pending or approved appli12
cation for temporary protected status in
13 the United States;
14 (viii) has approved deferred action
15 status; or
16 (ix) has a pending application for ad17
justment of status to that of an alien law18
fully admitted for permanent residence in
19 the United States or conditional perma20
nent resident status in the United States.
21 (C) TEMPORARY DRIVERS’ LICENSES AND
22 IDENTIFICATION CARDS.—
23 (i) IN GENERAL.—If a person pre24
sents evidence under any of clauses (v)
25 through (ix) of subparagraph (B), the
21
•HR 418 IH
1 State may only issue a temporary driver’s
2 license or temporary identification card to
3 the person.
4 (ii) EXPIRATION DATE.—A temporary
5 driver’s license or temporary identification
6 card issued pursuant to this subparagraph
7 shall be valid only during the period of
8 time of the applicant’s authorized stay in
9 the United States or, if there is no definite
10 end to the period of authorized stay, a pe11
riod of one year.
12 (iii) DISPLAY OF EXPIRATION
13 DATE.—A temporary driver’s license or
14 temporary identification card issued pursu15
ant to this subparagraph shall clearly indi16
cate that it is temporary and shall state
17 the date on which it expires.
18 (iv) RENEWAL.—A temporary driver’s
19 license or temporary identification card
20 issued pursuant to this subparagraph may
21 be renewed only upon presentation of valid
22 documentary evidence that the status by
23 which the applicant qualified for the tem24
porary driver’s license or temporary identi22
•HR 418 IH
1 fication card has been extended by the Sec2
retary of Homeland Security.
3 (3) VERIFICATION OF DOCUMENTS.—To meet
4 the requirements of this section, a State shall imple5
ment the following procedures:
6 (A) Before issuing a driver’s license or
7 identification card to a person, the State shall
8 verify, with the issuing agency, the issuance, va9
lidity, and completeness of each document re10
quired to be presented by the person under
11 paragraph (1) or (2).
12 (B) The State shall not accept any foreign
13 document, other than an official passport, to
14 satisfy a requirement of paragraph (1) or (2).
15 (C) Not later than September 11, 2005,
16 the State shall enter into a memorandum of un17
derstanding with the Secretary of Homeland
18 Security to routinely utilize the automated sys19
tem known as Systematic Alien Verification for
20 Entitlements, as provided for by section 404 of
21 the Illegal Immigration Reform and Immigrant
22 Responsibility Act of 1996 (110 Stat. 3009–
23 664), to verify the legal presence status of a
24 person, other than a United States citizen, ap23
•HR 418 IH
1 plying for a driver’s license or identification
2 card.
3 (d) OTHER REQUIREMENTS.—To meet the require4
ments of this section, a State shall adopt the following
5 practices in the issuance of drivers’ licenses and identifica6
tion cards:
7 (1) Employ technology to capture digital images
8 of identity source documents so that the images can
9 be retained in electronic storage in a transferable
10 format.
11 (2) Retain paper copies of source documents for
12 a minimum of 7 years or images of source docu13
ments presented for a minimum of 10 years.
14 (3) Subject each person applying for a driver’s
15 license or identification card to mandatory facial
16 image capture.
17 (4) Establish an effective procedure to confirm
18 or verify a renewing applicant’s information.
19 (5) Confirm with the Social Security Adminis20
tration a social security account number presented
21 by a person using the full social security account
22 number. In the event that a social security account
23 number is already registered to or associated with
24 another person to which any State has issued a driv24
•HR 418 IH
1 er’s license or identification card, the State shall re2
solve the discrepancy and take appropriate action.
3 (6) Refuse to issue a driver’s license or identi4
fication card to a person holding a driver’s license
5 issued by another State without confirmation that
6 the person is terminating or has terminated the driv7
er’s license.
8 (7) Ensure the physical security of locations
9 where drivers’ licenses and identification cards are
10 produced and the security of document materials
11 and papers from which drivers’ licenses and identi12
fication cards are produced.
13 (8) Subject all persons authorized to manufac14
ture or produce drivers’ licenses and identification
15 cards to appropriate security clearance requirements.
16 (9) Establish fraudulent document recognition
17 training programs for appropriate employees en18
gaged in the issuance of drivers’ licenses and identi19
fication cards.
20 (10) Limit the period of validity of all driver’s
21 licenses and identification cards that are not tem22
porary to a period that does not exceed 8 years.
23 (11) In any case in which the State issues a
24 driver’s license or identification card that does not
25
•HR 418 IH
1 satisfy the requirements of this section, ensure that
2 such license or identification card—
3 (A) clearly states on its face that it may
4 not be accepted by any Federal agency for any
5 official purpose; and
6 (B) uses a unique design or color indicator
7 to alert Federal agency and other law enforce8
ment personnel that it may not be accepted for
9 any such purpose.
10 (e) ADDITIONAL POWERS OF SECRETARY.—The Sec11
retary, in the Secretary’s discretion—
12 (1) may, in addition to the requirements of sub13
section (b), prescribe one or more design formats for
14 driver’s licenses and identification cards that satisfy
15 the requirements of this section in order—
16 (A) to protect the national security inter17
ests of the United States; and
18 (B) to allow for clear visual differentiation
19 between categories of driver’s licenses and iden20
tity cards (such as to differentiate between driv21
er’s licenses valid for multi-year terms and tem22
porary driver’s licenses); and
23 (2) may, in addition to the limitations described
24 in subsections (c)(2)(C)(ii) and (d)(10), further limit
25 the validity period of driver’s licenses and identifica26
•HR 418 IH
1 tion cards in order to provide for periodic confirma2
tion of principal residence address and lawful pres3
ence in the United States in a status described in
4 subsection (c)(2)(B).
5 SEC. 203. LINKING OF DATABASES.
6 (a) IN GENERAL.—To be eligible to receive any grant
7 or other type of financial assistance made available under
8 this title, a State shall participate in the interstate com9
pact regarding sharing of driver license data, known as
10 the ‘‘Driver License Agreement’’, in order to provide elec11
tronic access by a State to information contained in the
12 motor vehicle databases of all other States.
13 (b) REQUIREMENTS FOR INFORMATION.—A State
14 motor vehicle database shall contain, at a minimum, the
15 following information:
16 (1) All data fields printed on drivers’ licenses
17 and identification cards issued by the State.
18 (2) Motor vehicle drivers’ histories, including
19 motor vehicle violations, suspensions, and points on
20 licenses.
27
•HR 418 IH
1 SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES
2 FOR USE IN FALSE IDENTIFICATION DOCU3
MENTS.
4 Section 1028(a)(8) of title 18, United States Code,
5 is amended by striking ‘‘false authentication features’’ and
6 inserting ‘‘false or actual authentication features’’.
7 SEC. 205. GRANTS TO STATES.
8 (a) IN GENERAL.—The Secretary may make grants
9 to a State to assist the State in conforming to the min10
imum standards set forth in this title.
11 (b) AUTHORIZATION OF APPROPRIATIONS.—There
12 are authorized to be appropriated to the Secretary for
13 each of the fiscal years 2005 through 2009 such sums as
14 may be necessary to carry out this title.
15 SEC. 206. AUTHORITY.
16 (a) PARTICIPATION OF SECRETARY OF TRANSPOR17
TATION AND STATES.—All authority to issue regulations,
18 certify standards, and issue grants under this title shall
19 be carried out by the Secretary, in consultation with the
20 Secretary of Transportation and the States.
21 (b) EXTENSIONS OF DEADLINES.—The Secretary
22 may grant to a State an extension of time to meet the
23 requirements of section 202(a)(1) if the State provides
24 adequate justification for noncompliance.
28
•HR 418 IH
1 SEC. 207. REPEAL.
2 Section 7212 of the Intelligence Reform and Ter3
rorism Prevention Act of 2004 (Public Law 108–458) is
4 repealed.
Æ

Genesis of the Versatile RFID Tag

 Mario Cardullo received the first patent for a passive, read-write RFID tag. He tells how he came up with the idea in 1969.
By Bob Violino -->  Email Article  Create PDF  Print Article  Digg This  Increase Text Size  Decrease Text Size  Turn Definitions Off The media often likes to portray new technologies as the result of a flash of brilliance in the night, or the work of some solitary genius. In fact, if you look at the development of the telephone, the light bulb or the first airplane, each of these inventions was based on the convergence of basic concepts that were fairly well known in the scientific community. The inventors built upon prior knowledge to create something that was practical and versatile.

Similarly, radio frequency identification (RFID) devices are based on basic concepts that have a long history (see Shrouds of Time: The History of RFID). The concepts initially resulted in the development of "friend or foe" transponder systems for military aircraft. In the 1960’s this technology severed as the basis of electronic article surveillance (EAS) devices to counter theft. These early devices usually employed a one-bit system, which only indicated the presence or absence of the tag. Drawing from the original patent
In 1969, I was the corporate planning officer to chairman of the Communications Satellite Corporation (Comsat). In the spring of 1969, I was seated next to an IBM engineer on a flight to Washington, from St. Paul. The engineer was implementing the CARTRAK optical system for the railroad industry. This system consisted of a reflective color
bar code placed on the side of each railroad car. As the railroad car passes an optical base station, the station would transmit a beam of light. The optical bar code would reflect back a signal associated with the individual car so it could be identified.

There were a number of problems with the CARTRAK system. One was that the reflectors were easily damaged or vandalized. Dirt and mud would obscure the reflected surface, and there was no way to easily change the data the reflected bar code contained, which limited the usefulness of the system.

Birth of an Invention
I was well aware of the friend or foe systems and EAS security devices and believed that these concepts could be expanded upon to offer an alternative to the optical reflector systems being deployed. After the IBM engineer finished talking, I started to sketch in my notebook the idea for the RFID tag with a changeable memory. The original sketch showed a device with a transmitter, receiver, internal memory, and a power source. I signed and dated the sketch and went back to reading a book I had started.

In 1969, I was becoming very dissatisfied with the management of COMSAT and their reluctance to implement the maritime and mobile communication satellite concept, later known as IMARSAT that I had proposed. I began looking to start my own company. I investigated various concepts, and in mid-1969, I decided to launch a startup that would provide analysis of EKG’s using a mainframe computer program developed by the National Institutes of Health (NIH).

This analytical program required that the data be in a digital format. So the company would have to design and build a digital medical acquisition terminal initially for EGKs and provide a service. During this period I was also lecturing every few months for the Industrial Management Center of Harvard University. At a lecture series given at Lake Placid, New York I met Daniel Webster, a "cashed out" computer executive. Mr. Webster was excited about the concept I had for a new company, Communications Services Corporation (ComServ). He asked me to put together a management team and prepare a business plan.

On returning to the Washington, I met with several individuals I knew whom had various competencies, marketing, finance and electronic development. One of those individuals was Bill Parks, a brilliant electronics engineer. Putting my management team together we started work on a business plan. The principal product and service chosen was the EKG terminal and processing service. We also chose a series of electronic products that we thought would be follow-on products, since we did not want to be what the venture capital industry refers to as a "one-trick pony."

One of the products was the initial RFID tag I had sketched earlier that year. After much discussion, we decided to present to Mr. Webster an RFID tag based on a passive transponder with a changeable memory instead of an active battery operated device. The illustration is a page from the original business plan that showed the basic concept that we entitled the "Encoder".

We estimated that the new company would require a capitalization of $500,000 to start followed by additional capital of several million once the initial product and service was developed. When we presented the business plan to Mr. Webster he was extremely pleased. However, when we outlined the plan to develop a passive transponder with a changeable memory for use as a toll system he literally was ecstatic. Within a week of our meeting with Mr. Webster checks averaging $50,000 from various investors’ he had met with started to arrive at my mailbox. Once the funds were available my management team and I left our positions and started ComServ.

Developing the Initial RFID Tag
ComServ was the first company I had started. At that time, the Washington, DC, area was not known for technology. Many of the companies in the area were dedicated to serving the US Government. From one of those companies I chose, Bill Parks to be our vice president of engineering. He hired a small group of development engineers and technicians, which immediately started developing our two basic products and services, the EKG terminal and the RFID tag.

We contracted with Jacobi, Davidson, Lilling and Siegel, of Washington as our patent attorneys. On May 21, 1970, they filed on our behalf the patent application for the RFID tag. The U.S. Patent Office issued the patent on January 23, 1973 (See Figure 2 for diagram of the initial RFID Tag). The claims that the Patent Office approved included:
1. A transponder comprising:
a. Memory means for storing data.
b. Means responsive to transmitted code signal for selective writing data into or reading data out from the memory, and for transmitting as an answerback signal data read-out from the memory.
c. Means for internally generating operating power for the transponder from the transmitted code signal.
2. A transponder where the transmitted code signal comprises a modulated carrier wave, this being the means for generating operating power comprising detecting means detecting the carrier wave and producing an operating power output signal and means responsive to the operating power output signal for powering the transponder, and the modulations of the carrier wave containing data and command information.
3. A transponder as defined in the patent where the carrier wave is of radio frequency.
4. A transponder as defined in the patent where the carrier wave is of light frequency.
5. A transponder as defined in the patent where the carrier wave is of acoustic frequency.
6. An interrogation system

The patent also presented various uses for the invention including:
1. Detailed description of an automated automotive vehicle highway toll system similar to now used in most of the toll systems today.
2. Provide a transponder which would be "physically small in size such that the device is highly portable, can be easily hidden, if desired, and can be carried and placed in or upon many different objects."

During this period the technical staff started on the process of building the first RFID Tag. In 1970, the only non-volatile memory was ferrite cores that were used in mainframe computers. We needed a small number, sufficient for 16 bits. To achieve this, we purchased small ferrite donuts which served as memory cells that we then hand wound to obtain the non-volatile memory. We built a breadboard unit that we could demonstrate the system.

In 1971, we went to New York to meet with New York Port Authority representatives. We showed them the concept and how it could be used in an automated toll collection system. At that meeting the representative of the Port Authority told us "no one will every mount those transponders on their car windows". He also thought that the system would lead to invasion of privacy and could be "unconstitutional".

Within two years, the New York Port Authority had contracted to test a system similar to the issued patent (January 1973) but supplied by GE, Glenayre, Philips, and Westinghouse Air Brake. We can now question the propriety of what happened between our meeting with the Port Authority in 1971 and their tests in 1973.

We met similarly with the San Francisco Port Authority who participated in the test with the New York Port Authority. The concept was also presented to the Southern (now Norfolk Southern) Railroad that several months prior had chosen the CARTRAK optical system. I also made a presentation to the Director of the Public Works Committee of the U.S. House of Representatives. At that meeting, I presented the concept as a means of foiling car thieves and as a means of charging people for the use of the Interstate Highway system based on mileage.

While ComServ was building the RFID Tag with a changeable memory, others were also engaged in developing similar concepts including Los Alamos Scientific Laboratory, Northwestern University, and the Microwave Institute Foundation in Sweden. However, ComServ was the first to receive a very generic patent.

By the end of 1973, I had left the ComServ after a disagreement with my original investors. Within a year the company had closed. The development of the RFID concepts continued. Raytheon, RCA and Fairchild had systems by 1973-1975 time period. The developments continued into the 1980’s. On January 23, 1990, the original patent expired without further patents by ComServ. The 1990’s was a period of significant growth of the RFID tag concept by the wide scale deployment of electronic toll collection systems. Today, the RFID Tag in its various configurations is becoming ubiquitous. While I never benefited financially from my RFID invention, I do look with pride on its use today. Many of the applications I envisioned for it in the early 1970s are now being widely adopted.

Mario W. Cardullo, P.E. is a Counselor for Technology and Entrepreneurism, Office of the Under Secretary International Trade Administration, U.S. Department of Commerce.