Post by unlawflcombatnt on Jul 20, 2009 13:59:30 GMT -6
There is currently a bill in the Senate with 7 co-sponsors that, if passed, essentially repeals the Real ID Act, which hasn't even gone into effect yet. (It's due to go into effect in December, unless the Amnestocrats in Congress can repeal it.)
The new legislation, called the PASS ID Act, repeals the entire section dealing with secure driver's licenses. It eliminates any Federally mandated requirement for a Social Security number. PASS ID would allow states to use any documents they see fit, to verify ID and legal status in this country.
The bill should be labeled the "FAKE ID Act," because that's what it really is. It's worse than the current state of affairs, even without REAL ID Act implementation, since it adds legitimacy to clearly falsified Driver's Licenses.
In a nutshell, PASS ID repeals ALL standards set forth to insure that someone is in the country legally. It will encourage employers to continue accepting knowingly forged driver's licenses as proof of legal residence status, but now lets the states create the forgeries directly themselves, and gives them the Federal Government's stamp of approval.
The key provision in the proposed legislation (The FAKE ID Act), S. 1261, is the following:
"Title II of the REAL ID Act of 2005 (Division B of Public Law 109-13) is repealed."
OK.
Now, what's contained in Title II of Division B of Public Law 109-13
(i.e., in other words, what's actually being repealed?)
ANSWER:
The following passage is being repealed:
"
(D) Documentation showing the person's name and
address of principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements of this
section, a State shall comply with the minimum standards
of this paragraph.
(B) Evidence of lawful status.--A State shall
require, before issuing a driver's license or
identification card to a person, valid documentary
evidence that the person--
(i) is a citizen or national of the United
States;
(ii) is an alien lawfully admitted for
permanent or temporary residence in the United
States;
(iii) has conditional permanent resident
status in the United States;
(iv) has an approved application for asylum in
the United States or has entered into the United
States in refugee status;
(v) has a valid, unexpired nonimmigrant visa
or nonimmigrant visa status for entry into the
United States;
(vi) has a pending application for asylum in
the United States;
(vii) has a pending or approved application
for temporary protected status in the United
States;
(viii) has approved deferred action status; or
(ix) has a pending application for adjustment
of status to that of an alien lawfully admitted
for permanent residence in the United States or
conditional permanent resident status in the
United States.
(C) Temporary drivers' licenses and identification
cards.--
(i) In general.--If a person presents evidence
under any of clauses (v) through (ix) of
subparagraph (B), the State may only issue a
temporary driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary driver's
license or temporary identification card issued
pursuant to this subparagraph shall be valid only
during the period of time of the applicant's
authorized stay in the United States or, if there
is no definite end to the period of authorized
stay, a period of one year.
(iii) Display of expiration date.--A temporary
driver's license or temporary identification card
issued pursuant to this subparagraph shall clearly
indicate that it is temporary and shall state the
date on which it expires.
(iv) Renewal.--A temporary driver's license or
temporary identification card issued pursuant to
this subparagraph may be renewed only upon
presentation
of valid documentary evidence that the status by
which the applicant qualified for the temporary
driver's license or temporary identification card
has been extended by the Secretary of Homeland
Security.
(3) Verification of documents.--To meet the requirements of
this section, a State shall implement the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State shall verify,
with the issuing agency, the issuance, validity, and
completeness of each document required to be presented
by the person under paragraph (1) or (2).
(B) The State shall not accept any foreign document,
other than an official passport, to satisfy a
requirement of paragraph (1) or (2).
(C) <<NOTE: Deadline. Memorandum.>> Not later than
September 11, 2005, the State shall enter into a
memorandum of understanding with the Secretary of
Homeland Security to routinely utilize the automated
system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (110 Stat. 3009-664), to verify the legal
presence status of a person, other than a United States citizen, applying for a driver's license or
identification card.
(d) Other Requirements.--To meet the requirements of this section, a
State shall adopt the following practices in the issuance of drivers'
licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in
electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum of
7 years or images of source documents presented for a minimum of
10 years.
(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a
renewing applicant's information.
(5) Confirm with the Social Security Administration a social
security account number presented by a person using the full
social security account number. In the event that a social
security account number is already registered to or associated
with another person to which any State has issued a driver's
license or identification card, the State shall resolve the
discrepancy and take appropriate action. (6) Refuse to issue a driver's license or identification
card to a person holding a driver's license issued by another
State without confirmation that the person is terminating or has
terminated the driver's license.
(7) Ensure the physical security of locations where drivers'
licenses and identification cards are produced and the security
of document materials and papers from which drivers' licenses
and identification cards are produced.
(8) Subject all persons authorized to manufacture or produce
drivers' licenses and identification cards to appropriate
security clearance requirements.
[[Page 119 STAT. 315]]
(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
drivers' licenses and identification cards.
(10) Limit the period of validity of all driver's licenses
and identification cards that are not temporary to a period that
does not exceed 8 years.
(11) In any case in which the State issues a driver's
license or identification card that does not satisfy the
requirements of this section, ensure that such license or
identification card--
(A) clearly states on its face that it may not be
accepted by any Federal agency for federal
identification or any other official purpose; and
(B) uses a unique design or color indicator to alert
Federal agency and other law enforcement personnel that
it may not be accepted for any such purpose. (12) Provide electronic access to all other States to
information contained in the motor vehicle database of the
State.
(13) Maintain a State motor vehicle database that contains,
at a minimum--
(A) all data fields printed on drivers' licenses and
identification cards issued by the State; and
(B) motor vehicle drivers' histories, including
motor vehicle violations, suspensions, and points on
licenses.
SEC. 203. <<NOTE: 49 USC 30301 note.>> TRAFFICKING IN AUTHENTICATION
FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS.
(a) Criminal Penalty.--Section 1028(a)(8) of title 18, United States
Code, is amended by striking ``false authentication features'' and
inserting ``false or actual authentication features''.
(b) Use of False Driver's License at Airports.--
(1) In general.--The Secretary shall enter, into the
appropriate aviation security screening database, appropriate
information regarding any person convicted of using a false
driver's license at an airport (as such term is defined in
section 40102 of title 49, United States Code).
(2) False defined.--In this subsection, the term ``false''
has the same meaning such term has under section 1028(d) of
title 18, United States Code.
SEC. 204. GRANTS TO <<NOTE: 49 USC 30301 note.>> STATES.
(a) In General.--The Secretary may make grants to a State to assist
the State in conforming to the minimum standards set forth in this
title.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this title.
SEC. 205. <<NOTE: 49 USC 30301 note.>> AUTHORITY.
(a) Participation of Secretary of Transportation and States.--All
authority to issue regulations, set standards, and issue grants under
this title shall be carried out by the Secretary, in consultation with
the Secretary of Transportation and the States.
(b) Extensions of Deadlines.--The Secretary may grant to a State an
extension of time to meet the requirements of section 202(a)(1) if the
State provides adequate justification for noncompliance.
[[Page 119 STAT. 316]][/ul]
The new legislation, called the PASS ID Act, repeals the entire section dealing with secure driver's licenses. It eliminates any Federally mandated requirement for a Social Security number. PASS ID would allow states to use any documents they see fit, to verify ID and legal status in this country.
The bill should be labeled the "FAKE ID Act," because that's what it really is. It's worse than the current state of affairs, even without REAL ID Act implementation, since it adds legitimacy to clearly falsified Driver's Licenses.
In a nutshell, PASS ID repeals ALL standards set forth to insure that someone is in the country legally. It will encourage employers to continue accepting knowingly forged driver's licenses as proof of legal residence status, but now lets the states create the forgeries directly themselves, and gives them the Federal Government's stamp of approval.
The key provision in the proposed legislation (The FAKE ID Act), S. 1261, is the following:
"Title II of the REAL ID Act of 2005 (Division B of Public Law 109-13) is repealed."
OK.
Now, what's contained in Title II of Division B of Public Law 109-13
(i.e., in other words, what's actually being repealed?)
ANSWER:
The following passage is being repealed:
"
(D) Documentation showing the person's name and
address of principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements of this
section, a State shall comply with the minimum standards
of this paragraph.
(B) Evidence of lawful status.--A State shall
require, before issuing a driver's license or
identification card to a person, valid documentary
evidence that the person--
(i) is a citizen or national of the United
States;
(ii) is an alien lawfully admitted for
permanent or temporary residence in the United
States;
(iii) has conditional permanent resident
status in the United States;
(iv) has an approved application for asylum in
the United States or has entered into the United
States in refugee status;
(v) has a valid, unexpired nonimmigrant visa
or nonimmigrant visa status for entry into the
United States;
(vi) has a pending application for asylum in
the United States;
(vii) has a pending or approved application
for temporary protected status in the United
States;
(viii) has approved deferred action status; or
(ix) has a pending application for adjustment
of status to that of an alien lawfully admitted
for permanent residence in the United States or
conditional permanent resident status in the
United States.
(C) Temporary drivers' licenses and identification
cards.--
(i) In general.--If a person presents evidence
under any of clauses (v) through (ix) of
subparagraph (B), the State may only issue a
temporary driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary driver's
license or temporary identification card issued
pursuant to this subparagraph shall be valid only
during the period of time of the applicant's
authorized stay in the United States or, if there
is no definite end to the period of authorized
stay, a period of one year.
(iii) Display of expiration date.--A temporary
driver's license or temporary identification card
issued pursuant to this subparagraph shall clearly
indicate that it is temporary and shall state the
date on which it expires.
(iv) Renewal.--A temporary driver's license or
temporary identification card issued pursuant to
this subparagraph may be renewed only upon
presentation
of valid documentary evidence that the status by
which the applicant qualified for the temporary
driver's license or temporary identification card
has been extended by the Secretary of Homeland
Security.
(3) Verification of documents.--To meet the requirements of
this section, a State shall implement the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State shall verify,
with the issuing agency, the issuance, validity, and
completeness of each document required to be presented
by the person under paragraph (1) or (2).
(B) The State shall not accept any foreign document,
other than an official passport, to satisfy a
requirement of paragraph (1) or (2).
(C) <<NOTE: Deadline. Memorandum.>> Not later than
September 11, 2005, the State shall enter into a
memorandum of understanding with the Secretary of
Homeland Security to routinely utilize the automated
system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (110 Stat. 3009-664), to verify the legal
presence status of a person, other than a United States citizen, applying for a driver's license or
identification card.
(d) Other Requirements.--To meet the requirements of this section, a
State shall adopt the following practices in the issuance of drivers'
licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in
electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum of
7 years or images of source documents presented for a minimum of
10 years.
(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a
renewing applicant's information.
(5) Confirm with the Social Security Administration a social
security account number presented by a person using the full
social security account number. In the event that a social
security account number is already registered to or associated
with another person to which any State has issued a driver's
license or identification card, the State shall resolve the
discrepancy and take appropriate action. (6) Refuse to issue a driver's license or identification
card to a person holding a driver's license issued by another
State without confirmation that the person is terminating or has
terminated the driver's license.
(7) Ensure the physical security of locations where drivers'
licenses and identification cards are produced and the security
of document materials and papers from which drivers' licenses
and identification cards are produced.
(8) Subject all persons authorized to manufacture or produce
drivers' licenses and identification cards to appropriate
security clearance requirements.
[[Page 119 STAT. 315]]
(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
drivers' licenses and identification cards.
(10) Limit the period of validity of all driver's licenses
and identification cards that are not temporary to a period that
does not exceed 8 years.
(11) In any case in which the State issues a driver's
license or identification card that does not satisfy the
requirements of this section, ensure that such license or
identification card--
(A) clearly states on its face that it may not be
accepted by any Federal agency for federal
identification or any other official purpose; and
(B) uses a unique design or color indicator to alert
Federal agency and other law enforcement personnel that
it may not be accepted for any such purpose. (12) Provide electronic access to all other States to
information contained in the motor vehicle database of the
State.
(13) Maintain a State motor vehicle database that contains,
at a minimum--
(A) all data fields printed on drivers' licenses and
identification cards issued by the State; and
(B) motor vehicle drivers' histories, including
motor vehicle violations, suspensions, and points on
licenses.
SEC. 203. <<NOTE: 49 USC 30301 note.>> TRAFFICKING IN AUTHENTICATION
FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS.
(a) Criminal Penalty.--Section 1028(a)(8) of title 18, United States
Code, is amended by striking ``false authentication features'' and
inserting ``false or actual authentication features''.
(b) Use of False Driver's License at Airports.--
(1) In general.--The Secretary shall enter, into the
appropriate aviation security screening database, appropriate
information regarding any person convicted of using a false
driver's license at an airport (as such term is defined in
section 40102 of title 49, United States Code).
(2) False defined.--In this subsection, the term ``false''
has the same meaning such term has under section 1028(d) of
title 18, United States Code.
SEC. 204. GRANTS TO <<NOTE: 49 USC 30301 note.>> STATES.
(a) In General.--The Secretary may make grants to a State to assist
the State in conforming to the minimum standards set forth in this
title.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this title.
SEC. 205. <<NOTE: 49 USC 30301 note.>> AUTHORITY.
(a) Participation of Secretary of Transportation and States.--All
authority to issue regulations, set standards, and issue grants under
this title shall be carried out by the Secretary, in consultation with
the Secretary of Transportation and the States.
(b) Extensions of Deadlines.--The Secretary may grant to a State an
extension of time to meet the requirements of section 202(a)(1) if the
State provides adequate justification for noncompliance.
[[Page 119 STAT. 316]][/ul]