Date: May 13, 2005
President Signs Public Law 109-13, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005
On May 11, 2005, President Bush signed into law H.R. 1268, the Emergency Supplemental Appropriations for FY 2005, Public Law 109-13. This law provides emergency supplemental appropriations for the fiscal year ending September 30, 2005 for defense, the global war on terror, and tsunami relief. The law establishes and implements regulations for State driver's license and identification security standards. The law prohibits funds from being used by a Federal agency to produce any prepackaged news story, unless the story includes a clear notification that it was prepared or funded by that Federal agency.
P.L. 109-13 prohibits Federal agencies from accepting State-issued driver's licenses or identification cards unless such documents are determined to meet minimum security requirements. It sets forth issuance standards for such documents that require, among other things: (1) evidence that the applicant is lawfully present in the United States; and (2) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite).
Division A-Title VI of the new law contains the following provision of interest to SSA:
Section 6076. Prepackaged News
Unless otherwise authorized by existing law, no funds provided in this Act or any other Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.
Division B—Title II of the new law includes the following provisions of interest to SSA:
Section 202. Minimum Document Requirements and Issuance Standards for Federal Recognition
Beginning 3 years after enactment, prohibits a Federal agency from accepting, for any official purpose, a State-issued driver's license or identification card unless the State is issuing driver's licenses and identification cards that conform to the standards specified in the new law.
- These standards require a State to include, at a minimum, the following information and features on each driver's license and identification card issued to a person by the State:
- The person's full legal name;
- The person's date of birth;
- The person's gender;
- The person's driver's license or identification card number;
- A digital photograph of the person;
- The person's address of principle residence;
- The person's signature;
- Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes; and,
- A common machine-readable technology, with defined minimum data elements.
- States must certify their compliance with the new standards to the Secretary of Homeland Security. The Secretary of Homeland Security, in consultation with the Secretary of the Transportation, may prescribe regulations establishing the time and manner of the certifications.
- States must require, at a minimum, presentation and verification of the following information before issuing a driver's license or identification card: 1) a photo identity document, or other identity document if it includes both the person's full legal name and date of birth; 2) documentation showing the person's date of birth; 3) proof of the person's SSN or verification that the person is not eligible for an SSN; and, 4) documentation showing the person's name and address of principle residence.
- States must require evidence of lawful immigration status before issuing a driver's license or identification card to a person. A State may issue a temporary driver's license or identification card to noncitizens who are temporarily present in the United States.
- States are required to verify, with the issuing agency, each document required to be presented by the person to obtain a driver's license or identification card.
- States must confirm with SSA the full Social Security account number presented by a person to obtain a driver's license or identification card. In the event that a Social Security account number belongs to another person to whom any State has issued a driver's license or identification card, the State must resolve the discrepancy and take appropriate action.
Section 206. Repeal
- This law repeals section 7212 of PL 108-458, the Intelligence Reform and Terrorism Prevention Act of 2004. Section 7212 required the Department of Transportation, in consultation with the States and DHS, to promulgate regulations establishing minimum standards for drivers' licenses or personal identification cards issued by States.
NOTE: P.L. 109-13 does not change any other provisions of P.L. 108-458.