Difference between revisions of "Real ID Act"

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'''Real ID Act (2005)'''
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{{Law
 +
|Short title=Real ID Act of 2005
 +
|Official text=https://www.govinfo.gov/content/pkg/STATUTE-119/pdf/STATUTE-119-Pg231.pdf
 +
|Country/Jurisdiction=United States
 +
|Regulatory bodies=DHS
 +
|Date enacted=2005/05/11
 +
|Scope of the law=Individuals
 +
|Short summary introduction=An Act 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.
 +
|Text of the law={{SectionHarm|Section=SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN
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FALSE IDENTIFICATION DOCUMENTS.|Harms=Distortion, Identification, Insecurity}}
  
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'''Text of Law'''
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{{SectionPersonalInformation|Section=(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’’.|Personal=Authenticating}}
  
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SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR
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(b) USE OF FALSE DRIVER’S LICENSE AT AIRPORTS.—
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USE IN FALSE IDENTIFICATION DOCUMENTS.
 
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(a) Criminal Penalty- Section 1028(a)(8) of title 18, United States Code, is
 
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amended by striking `false authentication features' and inserting `false or
 
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actual authentication features'.
 
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(b) Use of False Driver's License at Airports-
 
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(1) IN GENERAL- The Secretary shall enter, into the appropriate
 
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aviation security screening database, appropriate information
 
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regarding any person convicted of using a false driver's license at an
 
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airport (as such term is defined in section 40102 of title 49, United
 
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States Code).
 
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(2) FALSE DEFINED- In this subsection, the term `false' has the same
 
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meaning such term has under section 1028(d) of title 18, United
 
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States Code.  
 
  
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'''Related harms under the Solove Taxonomy:''' Sec. 203- Appropriation, Identification
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(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).
  
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'''Scope of the Law''' ''Driver's Licenses'', ''ID Documents''
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(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. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR
 +
BORDER SECURITY.
 +
 
 +
(a) PILOT PROGRAM.—Not later than 180 days after the date
 +
of the enactment of this division, the Under Secretary of Homeland
 +
Security for Science and Technology, in consultation with the Under
 +
Secretary of Homeland Security for Border and Transportation
 +
Security, the Under Secretary of Homeland Security for Information
 +
Analysis and Infrastructure Protection, and the Secretary of
 +
Defense, shall develop a pilot program to utilize, or increase the
 +
utilization of, ground surveillance technologies to enhance the
 +
border security of the United States. In developing the program,
 +
the Under Secretary shall—
 +
 
 +
(1) consider various current and proposed ground surveillance technologies that could be utilized to enhance the border security of the United States;
 +
 
 +
(2) assess the threats to the border security of the United
 +
States that could be addressed by the utilization of such technologies; and
 +
 
 +
(3) assess the feasibility and advisability of utilizing such
 +
technologies to address such threats, including an assessment
 +
of the technologies considered best suited to address such
 +
threats.
 +
 
 +
(b) ADDITIONAL REQUIREMENTS.—
 +
 
 +
(1) IN GENERAL.—The pilot program shall include the utilization of a variety of ground surveillance technologies in a variety of topographies and areas (including both populated and unpopulated areas) on both the northern and southern borders of the United States in order to evaluate, for a range of circumstances—
 +
 
 +
(A) the significance of previous experiences with such
 +
technologies in homeland security or critical infrastructure
 +
protection for the utilization of such technologies for border
 +
security;
 +
 
 +
(B) the cost, utility, and effectiveness of such technologies for border security; and
 +
 
 +
(C) liability, safety, and privacy concerns relating to
 +
the utilization of such technologies for border security.
 +
 
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{{SectionPersonalInformation|Section=(2) TECHNOLOGIES.—The ground surveillance technologies
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utilized in the pilot program shall include the following:|Personal=Computer Device}}
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(A) Video camera technology.
 +
 
 +
(B) Sensor technology.
 +
 
 +
(C) Motion detection technology.
 +
 
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(c) IMPLEMENTATION.—The Under Secretary of Homeland Security for Border and Transportation Security shall implement the
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pilot program developed under this section.
 +
 
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(d) REPORT.—Not later than 1 year after implementing the
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pilot program under subsection (a), the Under Secretary shall
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submit a report on the program to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives
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Committee on Science, the House of Representatives Committee
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on Homeland Security, and the House of Representatives Committee
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on the Judiciary. The Under Secretary shall include in the report
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a description of the program together with such recommendations
 +
as the Under Secretary finds appropriate, including recommendations for terminating the program, making the program permanent,
 +
or enhancing the program.
 +
 
 +
SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND
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INFORMATION SHARING ON BORDER SECURITY.
 +
 
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(a) IN GENERAL.—Not later than 180 days after the date of
 +
the enactment of this division, the Secretary of Homeland Security,
 +
acting through the Under Secretary of Homeland Security for
 +
Border and Transportation Security, in consultation with the Under
 +
Secretary of Homeland Security for Science and Technology, the
 +
Under Secretary of Homeland Security for Information Analysis
 +
and Infrastructure Protection, the Assistant Secretary of Commerce
 +
for Communications and Information, and other appropriate Federal, State, local, and tribal agencies, shall develop and implement
 +
a plan—
 +
 
 +
(1) to improve the communications systems of the departments and agencies of the Federal Government in order to
 +
facilitate the integration of communications among the departments and agencies of the Federal Government and State,
 +
local government agencies, and Indian tribal agencies on matters relating to border security; and
 +
 
 +
(2) to enhance information sharing among the departments
 +
and agencies of the Federal Government, State and local
 +
government agencies, and Indian tribal agencies on such matters.
 +
 
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(b) REPORT.—Not later than 1 year after implementing the
 +
plan under subsection (a), the Secretary shall submit a copy of
 +
the plan and a report on the plan, including any recommendations
 +
the Secretary finds appropriate, to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives
 +
Committee on Science, the House of Representatives Committee
 +
on Homeland Security, and the House of Representatives Committee
 +
on the Judiciary.
 +
|Categories of personal information covered=Authenticating, Identifying, Computer Device, Communication
 +
}}

Latest revision as of 02:17, 30 October 2020

Real ID Act
Short Title Real ID Act of 2005
Official Text Real ID Act
Country/Jurisdiction United States
State or Province
Regulatory Bodies DHS
Date Enacted 2005/05/11
Scope of the Law Individuals
Information
Taxonomy Distortion, Identification, Insecurity
Strategies
Template:Ad
Template:United StatesAd

An Act 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.

Text of the law

SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS. Distortion, Identification, Insecurity


(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’’. Authenticating "Personal#list" contains a listed "#" character as part of the property label and has therefore been classified as invalid.

(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. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER SECURITY.

(a) PILOT PROGRAM.—Not later than 180 days after the date of the enactment of this division, the Under Secretary of Homeland Security for Science and Technology, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, and the Secretary of Defense, shall develop a pilot program to utilize, or increase the utilization of, ground surveillance technologies to enhance the border security of the United States. In developing the program, the Under Secretary shall—

(1) consider various current and proposed ground surveillance technologies that could be utilized to enhance the border security of the United States;

(2) assess the threats to the border security of the United States that could be addressed by the utilization of such technologies; and

(3) assess the feasibility and advisability of utilizing such technologies to address such threats, including an assessment of the technologies considered best suited to address such threats.

(b) ADDITIONAL REQUIREMENTS.—

(1) IN GENERAL.—The pilot program shall include the utilization of a variety of ground surveillance technologies in a variety of topographies and areas (including both populated and unpopulated areas) on both the northern and southern borders of the United States in order to evaluate, for a range of circumstances—

(A) the significance of previous experiences with such technologies in homeland security or critical infrastructure protection for the utilization of such technologies for border security;

(B) the cost, utility, and effectiveness of such technologies for border security; and

(C) liability, safety, and privacy concerns relating to the utilization of such technologies for border security.

(2) TECHNOLOGIES.—The ground surveillance technologies utilized in the pilot program shall include the following: Computer Device "Personal#list" contains a listed "#" character as part of the property label and has therefore been classified as invalid.

(A) Video camera technology.

(B) Sensor technology.

(C) Motion detection technology.

(c) IMPLEMENTATION.—The Under Secretary of Homeland Security for Border and Transportation Security shall implement the pilot program developed under this section.

(d) REPORT.—Not later than 1 year after implementing the pilot program under subsection (a), the Under Secretary shall submit a report on the program to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, the House of Representatives Committee on Homeland Security, and the House of Representatives Committee on the Judiciary. The Under Secretary shall include in the report a description of the program together with such recommendations as the Under Secretary finds appropriate, including recommendations for terminating the program, making the program permanent, or enhancing the program.

SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND INFORMATION SHARING ON BORDER SECURITY.

(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this division, the Secretary of Homeland Security, acting through the Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology, the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, the Assistant Secretary of Commerce for Communications and Information, and other appropriate Federal, State, local, and tribal agencies, shall develop and implement a plan—

(1) to improve the communications systems of the departments and agencies of the Federal Government in order to facilitate the integration of communications among the departments and agencies of the Federal Government and State, local government agencies, and Indian tribal agencies on matters relating to border security; and

(2) to enhance information sharing among the departments and agencies of the Federal Government, State and local government agencies, and Indian tribal agencies on such matters.

(b) REPORT.—Not later than 1 year after implementing the plan under subsection (a), the Secretary shall submit a copy of the plan and a report on the plan, including any recommendations the Secretary finds appropriate, to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, the House of Representatives Committee on Homeland Security, and the House of Representatives Committee on the Judiciary.



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