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Understanding Credit Card Fraud

Understanding Credit Card Fraud

What is Credit Card Fraud?
Credit Card Fraud is a type of purposeful misrepresentation involving the misuse credit cards – or similar credit-based monetary systems.  Credit Card Fraud can take place within a variety of settings, which include computer networks, the internet, E-Commerce and the online marketplace, and virtual-communicative activity; any or all of these methods may be undertaken in order to illicitly attain credit card information belonging to a victim of credit card fraud.
Due to the advent of technology, credit card fraud is not uncommon within a virtual setting, which can include the illegal and unlawful electronic access of personal financial information, the illicit attainment of personal electronic records or financial information, and the unethical and fraudulent misuse of credit cards belonging to other individuals.

Damage Caused by Credit Card Fraud
Although various means of Identity Theft exist, the multitude of results of this crime that span the severity of consequence are fairly uniform; victims of identity fraud my experience the loss of privacy, safety, security, and finances. Identity Theft undertaken by individuals engaging in credit card fraud may be committed over the computer with regard to the reception of stolen property purchased as a result of illegally obtaining another individual’s financial data and credit card information.
Due to the fact that the ability to purchase items and services through the internet creates a virtual marketplace in which credit card numbers – as well as other pertinent financial information – must be entered into a websites, the risk for hijacked information and subsequent Identity Theft is increased. The following are some measures taken by online marketplaces in order to avoid Identity Theft suffered by their customers and clients.

Credit Card Fraud Litigation

While the chance exists in which credit card fraud was committed without malicious or criminal intent, a prosecuting attorney engaging in criminal litigation must prove that criminal intent existed within an allegation of Credit Card Fraud. 
In certain cases, commercial retailers – both physical and virtual – may require the production of accompanying identification in the midst of a credit card purchase. Furthermore, relatives and family members using credit cards belonging to other family members may be liable for credit card fraud charges.


How to Prevent Electronic Identity Theft

Methods undertaken in order to prevent Credit Card Fraud may include the implementation of Secured websites, required Passwords and heightened profile-based security measures, Telephone or email-based confirmation methods with regard to online purchases, the investigation of purchases or activities that do not follow specific – and individual – trends of behavior, and contractual compensatory means and financial restitution sponsored by the commercial operation in question. 
Companies providing methods of Identity theft prevention – including Lifelock, which is one of the most widely-acclaimed and recognized – have employed protective measures ranging from securing online perimeters to communicative transmission inquiring about the validity of unsubstantiated activity; these types of companies have found their respective niche within the prevention of identity fraud upon providing protection in lieu of infringing on personal privacy.
 

What Are The Federal Laws Concerning Lost or Stolen Debit

What Are The Federal Laws Concerning Lost or Stolen Debit

Federal Laws Concerning Lost or Stolen Debit/Credit Cards
The ease and convenience offered by a credit or debit card enable consumers to make seamless and hassle-free purchases. That being said, when a credit or debit card is lost or stolen, there are potential consequences that an individual must be made aware of. The Fair Credit Billing Act and the Electronic Fund Transfer Act affirmed various procedures that must be followed in the event of a lost or stolen card.

Limiting your Financial Loss after the Card is Lost or Stolen:
After you have noticed that your card has gone missing, you must immediately report your credit or debit cards as lost or stolen to the issuing agency. The majority of issuers offer toll-free numbers and 24-hour customer service departments to deal with such emergencies. Additionally, it’s also a prudent move to follow up calls with a letter or email to affirm that the card has been lost or stolen. Be sure to include your account number and the date of the expected loss, when you report that your card is missing.
The maximum liability under federal law for unauthorized use of a credit card is $50. If you report the loss before your credit card is accessed, the Federal Credit Billing Act states that the card issuer cannot hold you responsible for any unauthorized charges. If a thief accesses and uses your card before they are reported missing, the most you will owe for the unauthorized charges is $50 per card. Additionally, if the loss involves just your credit card number (and not the card itself) you possess no liability for unauthorized use.
Liability under federal law for the unauthorized use of your debit card is dependent on the timeframe in which you report the card missing. If you report an ATM or debit card missing before it used without authorization, the Electronic Fund Transfer Act states that the card issues cannot hold you responsible for unauthorized transfers.
If unauthorized use is present before you report the card missing, your liability under law is dependent on how quickly you report the loss. For example, if you report the unauthorized use within two business days after you realize the card was missing, you will not be responsible for more than $50 of unauthorized use. However, if you do not report the loss within two business days after you realize the card as lost, you could lose up $500 of the unauthorized use or transfer.
Additionally, you will risk unlimited loss if you fail to report an unauthorized transfer within 60 days after your bank statement containing the unauthorized use is mailed to you. This unfortunate situation means that you could lose all the money in your bank account and the unused portion of your line of credit established for overdrafts. For unauthorized transfers involving your debit card number (and not the card) you are liable for only the transfers that take place following 60 days from the mailing of your bank statement that contains the unauthorized use.

7 Ways to Stop Identity Theft

7 Ways to Stop Identity Theft

 

Identity theft statistics show that this crime is growing at a staggering rate and your privacy, as well as quality of life is in danger. When you realize your identity has been stolen, contact an identity theft lawyer to acquire legal advice and assistance.

STEP 1 Secure your Business or Home with Locks and Alarms:

Although a simple set, the installment of locks and alarms on your premises will deter criminals from breaking into your business or place of residence. The installment of these security measures will impede criminals from accessing your personal records or information stored on your computer. The installment of deadbolts on your external doors, alarm systems (monitored by a security company) and the installment of security films, screens, or bars on exposed windows will prevent thieves from accessing your personal information.

STEP 2 Keep your Personal Records in a Safe:

By storing your tangible records (including customer records and other financial data on paper) in safes or secured areas, you are limiting their exposure and impeding identity thieves from accessing the information. If you do not feel comfortable purchasing safe or have trouble finding storage for a bulky unit, you should store your personal information in a security deposit box at your local bank.

STEP 3 Shred your Documents:

All business records personal information containing financial numbers should never be tossed into the trash without being shredded first. If the documents aren’t shredded, a plethora of criminals and identity thieves can access the information copied on bills, financial statements, or personal documents. Numerous cases of identity theft result from mail services; anything that contains your name, address, or financial information must be shredded before they are discarded.

STEP 4 Limit Access to your Personal Computers:

All websites and online information must be protected through a unique and preferably lengthy personal password. Common passwords, such as birthdays or names, are susceptible to compromise; limit an identity thief’s ability to access your personal and financial information by utilizing a unique password.

STEP 5 Protect your Computer from Hackers:

Identity thieves, to access personal and financial information, hack into company databases and networks to usurp identities. All computers that contain financial or personal information should be protected by firewalls. These systems will help impede intruders by shutting out unauthorized users. Firewalls may be purchased at any computer store, online or in person. Additionally, a business owner may install a small router, which will contain numerous ports all blocked by firewalls to supply the user with another mechanism to dissuade identity thieves.

STEP 6 Be cautious of the Internet:

Purchasing items on the Internet through a credit card or checking account must be placed with caution; a consumer must ensure that the site they are accessing and utilizing is a secured site. Aside from various dangers, such as Spyware and viruses, unsecured sites may deliver your personal information to third parties, who in turn may usurp your information to commit egregious crimes.

STEP 7 Avoid Broadcasting Personal Information

When making purchases at retail stores or online, your personal information is often broadcasted or made tangible to various agents or other customers in the store. Although sometimes this is unavoidable, be sure to limit your personal information from exposure by developing an acute awareness. For instance, when using ATMs be sure to end your session after you have completed your transaction and close your windows or log-off after you have mad an online purchase.

Protecting your Debit and Credit Cards

Real ID Act Text

Real ID Act Text

When you realize your identity has been stolen contact an identity theft lawyer to acquire legal advice and assistance.

 

HR 418 RFS

109th CONGRESS

1st Session

H. R. 418

IN THE SENATE OF THE UNITED STATES

February 14, 2005

Received

February 17, 2005

Read twice and referred to the Committee on the Judiciary


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.

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 RELIEF FROM REMOVAL.

(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' the first place such term appears and inserting the following:

(A) ELIGIBILITY- The Secretary of Homeland Security or the Attorney General';

(2) by striking `the Attorney General' the second and third places 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 applicant satisfies the trier of fact that the applicant's testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicant's burden, the trier of fact may 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 and cannot reasonably 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 trier of fact should consider all relevant factors and may, in the trier of fact's discretion, base the trier of fact's credibility determination on any such factor, including the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements (whenever made and whether or not made under oath), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim. There is no presumption of credibility.'.

(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) Other Requests for Relief From Removal- Section 240(c) of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is amended–

(1) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and

(2) by inserting after paragraph (3) the following:

(4) APPLICATIONS FOR RELIEF FROM REMOVAL-

(A) IN GENERAL- An alien applying for relief or protection from removal has the burden of proof to establish that the alien–

(i) satisfies the applicable eligibility requirements; and

(ii) with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion.

(B) SUSTAINING BURDEN- The applicant must comply with the applicable requirements to submit information or documentation in support of the applicant's application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant's burden of proof. In determining whether the applicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines in the judge's discretion that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence without departing from the United States. The inability to obtain corroborating evidence does not excuse the applicant from meeting the burden of proof.

(C) CREDIBILITY DETERMINATION- The immigration judge should consider all relevant factors and may, in the judge's discretion, base the judge's credibility determination on any such factor, including the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements (whenever made and whether or not made under oath), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim. There is no presumption of credibility.'.

(d) 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 subparagraph (D), 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), 240(c)(4)(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.'.

(e) 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) by inserting `or the Secretary of Homeland Security' after `Attorney General' each place such term appears; and

(2) 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,'.

(f) Removal of Caps- Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) is amended–

(1) in subsection (a)(1)–

(A) by striking `Service' and inserting `Department of Homeland Security'; and

(B) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security or the Attorney General';

(2) in subsection (b)–

(A) by striking `Not more' and all that follows through `asylum who–' and inserting `The Secretary of Homeland Security or the Attorney General, in the Secretary's or the Attorney General's discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who–'; and

(B) in the matter following paragraph (5), by striking `Attorney General' and inserting `Secretary of Homeland Security or the Attorney General'; and

(3) in subsection (c), by striking `Attorney General' and inserting `Secretary of Homeland Security or the Attorney General'.

(g) 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), (b), and (c) shall take effect on the date of the enactment of this Act and shall apply to applications for asylum, withholding, or other removal made on or after such date.

(3) The amendment made by subsection (d) 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 is or was issued before, on, or after such date.

(4) The amendments made by subsection (e) 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.

(5) The amendments made by subsection (f) shall take effect on the date of the enactment of this Act.

(h) 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, administrative agency, or other entity 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- So much of section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence 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 (as defined in clause (vi)); 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 (as defined in clause (vi)); 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.'.

(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 Act, 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 subsection;

(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 to any member of such an organization; or

(dd) to a terrorist organization described in clause (vi)(III), or to any member of such an organization, 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.

This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Attorney General, after consultation with the Secretary of State and the Secretary of Homeland Security, concludes in his sole unreviewable discretion, that this clause should not apply.'.

(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 these amendments, and section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this section, 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, excludability, deportation, or removal 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) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to read as follows:

(B) TERRORIST ACTIVITIES- Any alien who is described in 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 the amendment, and section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as amended by such paragraph, shall apply to–

(A) removal proceedings instituted before, on, or after the date of the enactment of this Act; and

(B) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or 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.

SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

(a) In General- Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended–

(1) in subsection (a)–

(A) in paragraph (2)–

(i) in subparagraph (A), by inserting `(statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title' after `Notwithstanding any other provision of law';

(ii) in each of subparagraphs (B) and (C), by inserting `(statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in subparagraph (D)' after `Notwithstanding any other provision of law'; and

(iii) by adding at the end the following:

(D) JUDICIAL REVIEW OF CERTAIN LEGAL CLAIMS- Nothing in subparagraph (B) or (C), or in any other provision of this Act which limits or eliminates judicial review, shall be construed as precluding review of constitutional claims or pure questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance with this section.'; and

(B) by adding at the end the following:

(4) CLAIMS UNDER THE UNITED NATIONS CONVENTION- Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of any cause or claim under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment, except as provided in subsection (e).

(5) EXCLUSIVE MEANS OF REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), includingsection 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of an order of removal entered or issued under any provision of this Act, except as provided in subsection (e). For purposes of this Act, in every provision that limits or eliminates judicial review or jurisdiction to review, the terms `judicial review' and `jurisdiction to review' include habeas corpus review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, sections 1361 and 1651 of such title, and review pursuant to any other provision of law (statutory or nonstatutory).';

(2) in subsection (b)–

(A) in paragraph (3)(B), by inserting `pursuant to subsection (f)' after `unless'; and

(B) in paragraph (9), by adding at the end the following: `Except as otherwise provided in this section, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28, United States Code, or any other habeas corpus provision, by section 1361 or 1651 of such title, or by any other provision of law (statutory or nonstatutory), to review such an order or such questions of law or fact.'; and

(3) in subsection (g), by inserting `(statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title' after `notwithstanding any other provision of law'.

(b) Effective Date- The amendments made by subsection (a) shall take effect upon the date of the enactment of this Act and shall apply to cases in which the final administrative order of removal, deportation, or exclusion was issued before, on, or after the date of the enactment of this Act.

(c) Transfer of Cases- If an alien's case, brought under section 2241 of title 28, United States Code, and challenging a final administrative order of removal, deportation, or exclusion, is pending in a district court on the date of the enactment of this Act, then the district court shall transfer the case (or the part of the case that challenges the order of removal, deportation, or exclusion) to the court of appeals for the circuit in which a petition for review could have been properly filed under section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by this section, or under section 309(c)(4)(D) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note). The court of appeals shall treat the transferred case as if it had been filed pursuant to a petition for review under such section 242, except that subsection (b)(1) of such section shall not apply.

(d) Transitional Rule Cases- A petition for review filed under former section 106(a) of the Immigration and Nationality Act (as in effect before its repeal by section 306(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1252 note)) shall be treated as if it had been filed as a petition for review under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by this section. Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, such petition for review shall be the sole and exclusive means for judicial review of an order of deportation or exclusion.

SEC. 106. DELIVERY BONDS.

(a) Definitions- For purposes of this section:

(1) DELIVERY BOND- The term `delivery bond' means a written suretyship undertaking for the surrender of an individual against whom the Department of Homeland Security has issued an order to show cause or a notice to appear, the performance of which is guaranteed by an acceptable surety on Federal bonds.

(2) PRINCIPAL- The term `principal' means an individual who is the subject of a bond.

(3) SURETYSHIP UNDERTAKING- The term `suretyship undertaking' means a written agreement, executed by a bonding agent on behalf of a surety, which binds all parties to its certain terms and conditions and which provides obligations for the principal and the surety while under the bond and penalties for forfeiture to ensure the obligations of the principal and the surety under the agreement.

(4) BONDING AGENT- The term `bonding agent' means any individual properly licensed, approved, and appointed by power of attorney to execute or countersign surety bonds in connection with any matter governed by the Immigration and Nationality Act as amended (8 U.S.C. 1101, et seq.), and who receives a premium for executing or countersigning such surety bonds.

(5) SURETY- The term `surety' means an entity, as defined by, and that is in compliance with, sections 9304 through 9308 of title 31, United States Code, that agrees–

(A) to guarantee the performance, where appropriate, of the principal under a bond;

(B) to perform the bond as required; and

(C) to pay the face amount of the bond as a penalty for failure to perform.

(b) Validity, Agent not Co-Obligor, Expiration, Renewal, and Cancellation of Bonds-

(1) VALIDITY- Delivery bond undertakings are valid if such bonds–

(A) state the full, correct, and proper name of the alien principal;

(B) state the amount of the bond;

(C) are guaranteed by a surety and countersigned by an agent who is properly appointed;

(D) bond documents are properly executed; and

(E) relevant bond documents are properly filed with the Secretary of Homeland Security.

(2) BONDING AGENT NOT CO-OBLIGOR, PARTY, OR GUARANTOR IN INDIVIDUAL CAPACITY, AND NO REFUSAL IF ACCEPTABLE SURETY- Section 9304(b) of title 31, United States Code, is amended by adding at the end the following: `Notwithstanding any other provision of law, no bonding agent of a corporate surety shall be required to execute bonds as a co-obligor, party, or guarantor in an individual capacity on bonds provided by the corporate surety, nor shall a corporate surety bond be refused if the corporate surety appears on the current Treasury Department Circular 570 as a company holding a certificate of authority as an acceptable surety on Federal bonds and attached to the bond is a currently valid instrument showing the authority of the bonding agent of the surety company to execute the bond.'.

(3) EXPIRATION- A delivery bond undertaking shall expire at the earliest of–

(A) 1 year from the date of issue;

(B) at the cancellation of the bond or surrender of the principal; or

(C) immediately upon nonpayment of the renewal premium.

(4) RENEWAL- Delivery bonds may be renewed annually, with payment of proper premium to the surety, if there has been no breach of conditions, default, claim, or forfeiture of the bond. Notwithstanding any renewal, when the alien is surrendered to the Secretary of Homeland Security for removal, the Secretary shall cause the bond to be canceled.

(5) CANCELLATION- Delivery bonds shall be canceled and the surety exonerated–

(A) for nonrenewal after the alien has been surrendered to the Department of Homeland Security for removal;

(B) if the surety or bonding agent provides reasonable evidence that there was misrepresentation or fraud in the application for the bond;

(C) upon the death or incarceration of the principal, or the inability of the surety to produce the principal for medical reasons;

(D) if the principal is detained by any law enforcement agency of any State, county, city, or any politial subdivision thereof;

(E) if it can be established that the alien departed the United States of America for any reason without permission of the Secretary of Homeland Security, the surety, or the bonding agent;

(F) if the foreign state of which the principal is a national is designated pursuant to section 244 of the Act (8 U.S.C. 1254a) after the bond is posted; or

(G) if the principal is surrendered to the Department of Homeland Security, removal by the surety or the bonding agent.

(6) SURRENDER OF PRINCIPAL; FORFEITURE OF BOND PREMIUM-

(A) SURRENDER- At any time, before a breach of any of the bond conditions, if in the opinion of the surety or bonding agent, the principal becomes a flight risk, the principal may be surrendered to the Department of Homeland Security for removal.

(B) FORFEITURE OF BOND PREMIUM- A principal may be surrendered without the return of any bond premium if the principal–

(i) changes address without notifying the surety, the bonding agent, and the Secretary of Homeland Security in writing prior to such change;

(ii) hides or is concealed from a surety, a bonding agent, or the Secretary;

(iii) fails to report to the Secretary as required at least annually; or

(iv) violates the contract with the bonding agent or surety, commits any act that may lead to a breach of the bond, or otherwise violates any other obligation or condition of the bond established by the Secretary.

(7) CERTIFIED COPY OF BOND AND ARREST WARRANT TO ACCOMPANY SURRENDER-

(A) IN GENERAL- A bonding agent or surety desiring to surrender the principal–

(i) shall have the right to petition the Secretary of Homeland Security or any Federal court, without having to pay any fees or court costs, for an arrest warrant for the arrest of the principal;

(ii) shall forthwith be provided 2 certified copies each of the arrest warrant and the bond undertaking, without having to pay any fees or courts costs; and

(iii) shall have the right to pursue, apprehend, detain, and surrender the principal, together with certified copies of the arrest warrant and the bond undertaking, to any Department of Homeland Security detention official or Department detention facility or any detention facility authorized to hold Federal detainees.

(B) EFFECTS OF DELIVERY- Upon surrender of a principal under subparagraph (A)(iii)–

(i) the official to whom the principal is surrendered shall detain the principal in custody and issue a written certificate of surrender; and

(ii) the Secretary of Homeland Security shall immediately exonerate the surety from any further liability on the bond.

(8) FORM OF BOND- Delivery bonds shall in all cases state the following and be secured by a corporate surety that is certified as an acceptable surety on Federal bonds and whose name appears on the current Treasury Department Circular 570:

(A) BREACH OF BOND; PROCEDURE, FORFEITURE, NOTICE-

(i) If a principal violates any conditions of the delivery bond, or the principal is or becomes subject to a final administrative order of deportation or removal, the Secretary of Homeland Security shall–

(I) immediately issue a warrant for the principal's arrest and enter that arrest warrant into the National Crime Information Center (NCIC) computerized information database;

(II) order the bonding agent and surety to take the principal into custody and surrender the principal to any one of 10 designated Department of Homeland Security `turn-in' centers located nationwide in the areas of greatest need, at any time of day during 15 months after mailing the arrest warrant and the order to the bonding agent and the surety as required by subclause (III), and immediately enter that order into the National Crime Information Center (NCIC) computerized information database; and

(III) mail 2 certified copies each of the arrest warrant issued pursuant to subclause (I) and 2 certified copies each of the order issued pursuant to subclause (II) to only the bonding agent and surety via certified mail return receipt to their last known addresses.

(ii) Bonding agents and sureties shall immediately notify the Secretary of Homeland Security of their changes of address and/or telephone numbers.

(iii) The Secretary of Homeland Security shall establish, disseminate to bonding agents and sureties, and maintain on a current basis a secure nationwide toll-free list of telephone numbers of Department of Homeland Security officials, including the names of such officials, that bonding agents, sureties, and their employees may immediately contact at any time to discuss and resolve any issue regarding any principal or bond, to be known as `Points of Contact'.

(iv) A bonding agent or surety shall have full and complete access, free of charge, to any and all information, electronic or otherwise, in the care, custody, and control of the United States Government or any State or local government or any subsidiary or police agency thereof regarding the principal that may be helpful in complying with section 105 of the REAL ID Act of 2005 that the Secretary of Homeland Security, by regulations subject to approval by Congress, determines may be helpful in locating or surrendering the principal. Beyond the principal, a bonding agent or surety shall not be required to disclose any information, including but not limited to the arrest warrant and order, received from any governmental source, any person, firm, corporation, or other entity.

(v) If the principal is later arrested, detained, or otherwise located outside the United States and the outlying possessions of the United States (as defined in section 101(a) of the Immigration and Nationality Act), the Secretary of Homeland Security shall–

(I) immediately order that the surety is completely exonerated, and the bond canceled; and

(II) if the Secretary of Homeland Security has issued an order under clause (i), the surety may request, by written, properly filed motion, reinstatement of the bond. This subclause may not be construed to prevent the Secretary of Homeland Security from revoking or resetting a bond at a higher amount.

(vi) The bonding agent or surety must–

(I) during the 15 months after the date the arrest warrant and order were mailed pursuant to clause (i)(III) surrender the principal one time; or

(II)(aa) provide reasonable evidence that producing the principal was prevented–

(aaa) by the principal's illness or death;

(bbb) because the principal is detained in custody in any city, State, country, or any political subdivision thereof;

(ccc) because the principal has left the United States or its outlying possessions (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)); or

(ddd) because required notice was not given to the bonding agent or surety; and

(bb) establish by affidavit that the inability to produce the principal was not with the consent or connivance of the bonding agent or surety.

(vii) If compliance occurs more than 15 months but no more than 18 months after the mailing of the arrest warrant and order to the bonding agent and the surety required under clause (i)(III), an amount equal to 25 percent of the face amount of the bond shall be assessed as a penalty against the surety.

(viii) If compliance occurs more than 18 months but no more than 21 months after the mailing of the arrest warrant and order to the bonding agent and the surety required under clause (i)(III), an amount equal to 50 percent of the face amount of the bond shall be assessed as a penalty against the surety.

(ix) If compliance occurs more than 21 months but no more than 24 months after the mailing of the arrest warrant and order to the bonding agent and the surety required under clause (i)(III), an amount equal to 75 percent of the face amount of the bond shall be assessed as a penalty against the surety.

(x) If compliance occurs 24 months or more after the mailing of the arrest warrant and order to the bonding agent and the surety required under clause (i)(III), an amount equal to 100 percent of the face amount of the bond shall be assessed as a penalty against the surety.

(xi) If any surety surrenders any principal to the Secretary of Homeland Security at any time and place after the period for compliance has passed, the Secretary of Homeland Security shall cause to be issued to that surety an amount equal to 50 percent of the face amount of the bond: Provided, however, That if that surety owes any penalties on bonds to the United States, the amount that surety would otherwise receive shall be offset by and applied as a credit against the amount of penalties on bonds it owes the United States, and then that surety shall receive the remainder of the amount to which it is entitled under this subparagraph, if any.

(xii) All penalties assessed against a surety on a bond, if any, shall be paid by the surety no more than 27 months after the mailing of the arrest warrant and order to the bonding agent and the surety required under clause (i)(III).

(B) The Secretary of Homeland Security may waive penalties or extend the period for payment or both, if–

(i) a written request is filed with the Secretary of Homeland Security; and

(ii) the bonding agent or surety provides an affidavit that diligent efforts were made to effect compliance of the principal.

(C) COMPLIANCE; EXONERATION; LIMITATION OF LIABILITY-

(i) COMPLIANCE- A bonding agent or surety shall have the absolute right to locate, apprehend, arrest, detain, and surrender any principal, wherever he or she may be found, who violates any of the terms and conditions of his or her bond.

(ii) EXONERATION- Upon satisfying any of the requirements of the bond, the surety shall be completely exonerated.

(iii) LIMITATION OF LIABILITY- Notwithstanding any other provision of law, the total liability on any surety undertaking shall not exceed the face amount of the bond.'.

(c) Effective Date- The provisions of this section shall take effect on the date of the enactment of this Act and shall apply to bonds and surety undertakings executed before, on, or after the date of the enactment of this Act.

SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

(a) In General- Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as follows:

(2) subject to such reasonable regulations as the Secretary of Homeland Security may prescribe, shall permit agents, servants, and employees of corporate sureties to visit in person with individuals detained by the Secretary of and, subject to section 241(a)(8), may release the alien on a delivery bond of at least $10,000, with security approved by the Secretary, and containing conditions and procedures prescribed by section 105 of the REAL ID Act of 2005 and by the Secretary, but the Secretary shall not release the alien on or to his own recognizance unless an order of an immigration judge expressly finds and states in a signed order to release the alien to his own recognizance that the alien is not a flight risk and is not a threat to the United States'.

(b) Repeal- Section 286(r) of the Immigration and Nationality Act (8 U.S.C. 1356(r)) is repealed.

(c) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

(a) In General- Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended by adding at the end the following:

(8) EFFECT OF PRODUCTION OF ALIEN BY BONDSMAN- Notwithstanding any other provision of law, the Secretary of Homeland Security shall take into custody any alien subject to a final order of removal, and cancel any bond previously posted for the alien, if the alien is produced within the prescribed time limit by the obligor on the bond whether or not the Department of Homeland Security accepts custody of the alien. The obligor on the bond shall be deemed to have substantially performed all conditions imposed by the terms of the bond, and shall be released from liability on the bond, if the alien is produced within such time limit.'.

(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to all immigration bonds posted before, on, or after such date.

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 of Transportation. Such certifications shall be made at such times and in such manner as the Secretary of Transportation, in consultation with the Secretary of Homeland Security, 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.

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.

(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. 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, 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) Compliance With Standards- All authority to certify compliance with standards under this title shall be carried out by the Secretary of Transportation, in consultation with the Secretary of Homeland Security and the States.

(c) 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.

SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.

Nothing in this title shall be construed to affect the authorities or responsibilities of the Secretary of Transportation or the States under chapter 303 of title 49, United States Code.

TITLE III–BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

(a) Study- The Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, shall study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each field office of the Bureau of Customs and Border Protection that has responsibility for any portion of the United States borders with Canada and Mexico. The Under Secretary shall conduct follow-up studies at least once every 5 years.

(b) Report to Congress- The Under Secretary shall submit a report to Congress on the Under Secretary's findings and conclusions from each study conducted under subsection (a) together with legislative recommendations, as appropriate, for addressing any security vulnerabilities found by the study.

(c) Authorization of Appropriations- There are authorized to be appropriated to the Department of Homeland Security Directorate of Border and Transportation Security such sums as may be necessary for fiscal years 2006 through 2011 to carry out any such recommendations from the first study conducted under subsection (a).

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 Act, 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:

(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 Act, 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.

Passed the House of Representatives February 10, 2005.

Attest:

JEFF TRANDAHL,

Clerk.

 

Real ID Act

Real ID Act

 

REAL ID ACT TEXT

What is the Real ID Act?

The Real ID Act 2009 was an Act of the United States’ Congress that modified federal laws pertaining to authentication, security and the issuance procedures surrounding standards for state driver’s licenses, identification cards, and various immigration issues that solely pertained to suspected acts of terrorism.

The laws established by the Real ID Act established a series of requirements for the obtainment of state driver’s licenses and identification cards. These regulations also revolved around restrictions on how identification cards were to be accepted by the federal government for investigation purposes as defined by the Secretary of Homeland Security. The Secretary of Homeland Security–the individual in charge of defining the official purposes for which identification is needed as it pertains to driver’s license and other forms of identification—mandates that individuals show identification when boarding commercially operated flights and upon entering nuclear power plants and federal buildings. When you realize your identity has been stolen contact an identity-theft lawyer to acquire legal advice and assistance.

The REAL ID Act 2009 was authored by Representative James Sensenbrenner of Wisconsin; the bill passed through the house but immediately went stagnant upon reaching the Senate. The bill was attached as a rider on a military spending bill; in March of 2007 the enforcement of the REAL ID Act was officially postponed for two years. 

In January of 2008, the United States Department of Homeland Security issued a final decision to establish the minimum standards regarding the issuance of a state’s driver’s license and identification card—these minimum standards were established in conjunction with the REAL ID Act. These regulations created standards for individual states to meet the requirements of the REAL ID Act, including the following:

• Proof of identity

• Lawful status of the applicant

• Information and security features that are to be incorporated into each identification card

• A list of security standards for the offices that are responsible for issuing driver’s licenses and identification cards

What does the Real ID Act Implement?

The REAL ID Act implements the following procedures and regulations:

• Title II of the REAL ID Act establishes federal standards for state-issued driver’s licenses and other forms of non-driver identification cards

• The REAL ID Act alters visa limits for nurses, Australian citizens and temporary workers

• The REAL ID Act introduces regulations to cover “delivery bonds”, which are similar to bail bonds but for non-American citizens. 

• The REAL ID Act funds several pilot projects and reports that are explicitly related to border security

• The REAL ID Act updates laws regarding applications for asylum and the deportation of aliens for terrorist activity. 

• The REAL ID Act terminates laws that impede with the construction of physical border barriers. 

Real ID Act and Rules Concerning Driver’s Licenses and IDs as Identification:

United States Driver’s licenses are issued by individual states in America and not by the federal government. Furthermore, because the United States does not implement a national identification car and because of the widespread use of motor vehicles in the nation, driver’s licenses are regarded as the de facto form of identification within the country. For non-driving citizens, states also provide voluntary identification cards which do not carry driving privileges. Prior to the enforcement of the REAL ID Act of 2009, each set established its own rules regarding the issuance of identification cards and driver’s licenses, including the look of the card, the supplied data, the information stored in the respective state’s database of the card holder and what documents must be provided to acquire one. 

The REAL ID Act’s Federal Standards for Identification Cards and Driver’s Licenses:

The REAL ID Act provides a series of implications regarding the issuance of identification cards and driver’s licenses in the United States. Through these regulations, the REAL ID Act of 2009 officially repeals the driver’s license rules provided in the Intelligence Reform and Terrorism Prevention Act. The REAL ID Act established a cooperative state-federal protocol to create a series of federal standards regarding the issuance and obtainment of driver’s licenses. 

The Driver’s License Summary of the REAL ID Act provides the following provisions of the legislation’s driver’s license title:

• Data Retention and Storage

• Immigration Requirements

• Grants to States

• Authority

• Linking of State Databases

• Minimum Standards for Federal use

• Repeal of the 9/11 Commission Implementation Act DL/ID Provisions

• Security and Fraud Prevention Standards

• Verification of Documents

According to the REAL ID Act, a Federal agency may not accept a driver’s license or identification card that is issued by a state to any individual unless the state is meeting the requirements affirmed by the legislation. The Department of Homeland Security is required to consider additional means in which a REAL ID can be used for official federal purposes without Congress intervention. States are free to issue non-complying identification cards and driver’s licenses so long as the cards have unique designs and clear statements asserting that they cannot be accepted for Federal identification purposes. The federal Transportation Security Administration is the agency wholly responsible for security check-ins at airports; this delegation affirms that bearers of non-complaint documents are not able to travel on common air crafts without acquiescing to additional screening unless the individual possesses an alternative government-issued photo identification card. 

Individuals born after December 1st of 1964 are required to obtain a REAL ID by December 1st of 2014. Individuals born before December 1st of 1964 are required to obtain a REAL ID by December 1st of 2017. 

Before REAL IDs can be issued, the applicant must provide the following documentation:

• A photo ID or a non-photo ID that includes the applicant’s full legal name and date of birth. 

• A legal document that affirms the applicant’s date of birth

• A legal document that shows the applicant’s name and principal residence address

• A legal document that reveals the applicant’s Social Security number and legal status. 

 

What Are Credit Monitoring Programs

What Are Credit Monitoring Programs

What are Credit Monitoring Programs?
The Federal Trade Commission habitually warns consumers and business owners to the overwhelming negative externalities attached to identity thefts. Victims of identity theft often feel emotional and financial shockwaves that resonate long after their particular situation has been resolved. Typically, a victim of identity theft will be turned down for credit cards, loans and numerous other financial transactions. As a result of these aftereffects, it is strongly suggested that an individual take advantage of the numerous resources available to help curb bouts of identity theft.
Credit monitoring is a technique used to impede identity thieves from accessing personal or financial information. A credit monitoring program will track an individual’s credit records on a regular schedule to ensure that no fraudulent or suspicious actions have been made, which would invariably alter the underlying individual’s credit score.
Credit monitoring programs, upon reviewing credit records, will send alerts to the protected individual when there suspicious activity—like when a creditor inquires about or opens a new account.
These alerts are meant to inform subscribers of potential identity theft; if an individual is notified that a new account is being opened without their authorization they will know that information has been obtained in a fraudulent manner.
Additionally, some computer monitoring programs will guarantee their service and aid customers in resolving issues if identity theft takes places. An effective means to ensure such a policy is to remove subscribers of credit monitoring programs from prescreened credit card offers and other mailings of a similar nature.

Benefits and Drawbacks of Credit Monitoring Programs:

The majority of identity theft victims will not realize the breech of their personal or financial information until a bill collector notifies them of failed payments or they get rejected from opening new accounts. One of the primary advantages of a credit monitoring program is that the software will alert the victim of suspicious activity in an expedited and efficient fashion.
Elucidating on such problems or suspicious activity at an early stage will minimize the damage of identity theft; if an account is breeched at an early time, they can me closed to prevent further activity. Furthermore, a credit monitoring program will mitigate the likelihood of identity theft altogether.
The majority of identity thieves look to extract finances through the use of personal information. Whether by opening a new credit card or fraudulently wiring money to another account, an identity thief aims, in some way, to benefit from the usurping of personal information. To prevent such an act form occurring, a credit monitoring program will constantly observe an individual’s financial actions and credit history to ensure that the subscriber commits only authorized transactions.
The most significant drawback associated to credit monitoring programs is that some of the devices only monitor reports from one credit bureau. The three bureaus, Equifax, Experian and TransUnion possess different information in their records so various fraud signals may go undetected. As a result of this drawback, the Federal Trades Commission recommends that ta prospective subscriber check with the Better Business Bureau and the individual’s local attorney general’s office for complaints before signing up with a particular credit monitoring firm. 

7 Steps To Stop Identity Theft Today

7 Steps To Stop Identity Theft Today

1. Secure your Business or Home with Locks and Alarms:
Although a simple set, the installment of locks and alarms on your premises will deter criminals from breaking into your business or place of residence. The installment of these security measures will impede criminals from accessing your personal records or information stored on your computer. The installment of deadbolts on your external doors, alarm systems (monitored by a security company) and the installment of security films, screens, or bars on exposed windows will prevent thieves from accessing your personal information.

2. Keep your Personal Records in a Safe:
By storing your tangible records (including customer records and other financial data on paper) in safes or secured areas, you are limiting their exposure and impeding identity thieves from accessing the information. If you do not feel comfortable purchasing safe or have trouble finding storage for a bulky unit, you should store your personal information in a security deposit box at your local bank.


3. Shred your Documents:
All business records personal information containing financial numbers should never be tossed into the trash without being shredded first. If the documents aren’t shredded, a plethora of criminals and identity thieves can access the information copied on bills, financial statements, or personal documents. Numerous cases of identity theft result from mail services; anything that contains your name, address, or financial information must be shredded before they are discarded.

4. Limit Access to your Personal Computers:
All websites and online information must be protected through a unique and preferably lengthy personal password. Common passwords, such as birthdays or names, are susceptible to compromise; limit an identity thief’s ability to access your personal and financial information by utilizing a unique password.

5. Protect your Computer from Hackers:
Identity thieves, to access personal and financial information, hack into company databases and networks to usurp identities. All computers that contain financial or personal information should be protected by firewalls. These systems will help impede intruders by shutting out unauthorized users. Firewalls may be purchased at any computer store, online or in person. Additionally, a business owner may install a small router, which will contain numerous ports all blocked by firewalls to supply the user with another mechanism to dissuade identity thieves.


6. Be cautious of the Internet:
Purchasing items on the Internet through a credit card or checking account must be placed with caution; a consumer must ensure that the site they are accessing and utilizing is a secured site. Aside from various dangers, such as Spyware and viruses, unsecured sites may deliver your personal information to third parties, who in turn may usurp your information to commit egregious crimes. 

7. Avoid Broadcasting Personal Information 
When making purchases at retail stores or online, your personal information is often broadcasted or made tangible to various agents or other customers in the store. Although sometimes this is unavoidable, be sure to limit your personal information from exposure by developing an acute awareness. For instance, when using ATMs be sure to end your session after you have completed your transaction and close your windows or log-off after you have mad an online purchase.

Fraud Explained

Fraud Explained

What is Fraud?

Fraud refers to an illegal act which consists of the misleading of an individual in a purposeful, deliberate, and harmful fashion. Those who commit fraud typically do so to achieve a personal gain by misrepresenting themselves. Fraud is a broad classification within the legal spectrum, which can be manifested in a wide variety of forums and settings.
There are numerous acts, which can be classified as fraudulent; however, each action is undertaken by the aggressor to achieve either a financial or personal gain of some sort. To be classified as fraud, the action must meet one the elements of fraud. Fraud occurs when a representation of an existing fact and its materiality is delivered as a falsity or a misrepresentation to egregiously gain access to funds or monies that the fraudulent party would otherwise not have access to.

Associated Terminology
The following legal terms are commonly associated with charges of Fraud: 
Scam: An illegal, deceptive, and structured plan employed to purposely defraud its participants
Identity Theft: The illegal assumption of the identity belonging to another individual with the hopes of gain and profit through fraudulent acts
Misrepresentation: The act of deliberately portraying or falsifying information in order to defraud
Telemarketing Fraud: Acts of fraud conducted through the solicitation over the telephone
False Advertising: A deceptive act of misleading a consumer by falsifying product – or service – details in order to substantiate sales and increase revenue on the part of a business or commercial operation

The Preparation of a Fraud Defense

Individuals charged with fraud are encouraged to consult with legal professionals specializing in criminal law – and if possible – those who focus on Fraud legality, criminal law, defense, and litigation. 
When constructing a fraud defense, the charged party may be asked to provide the nature of the events surrounding the Fraud in question including, the gross amount of damage or loss sustained by the victims, the biographical information with regard to any and all victims, any previous arrests and/or convictions, evidence and witness testimony, full account of the details surrounding the event in question, and the arrangement for bail or bond.


Reporting a Fraud Offense
In the event that an individual has been made aware of an ongoing Fraud, or has been party to a Fraud that has occurred in the past, they are encouraged to contact their local authorities or law enforcement department in order to report the details of the offense. In the event that an individual wishes to do so in an anonymous fashion, they have to opportunity to contact the appropriate government department, such as the National Crime Prevention Council through their telephone number: (202) 466-6272.

Methods of Computer Fraud You Should Know

Methods of Computer Fraud You Should Know

employed in order to facilitate identity theft existing outside of a computational setting.

Prosecuting Computer Fraud and Identity Theft

The legal field primarily focusing on the investigation and maintenance with regard to legislation, decorum, legality, and ethics with regard to computer networks – including the internet, electronic commerce (E-Commerce), the online marketplace, virtual social activity, and electronic communications – is classified as ‘Cyber Law’ or ‘Internet Law’. Computer-based fraud undertaken in order to commit identity theft is quite common within the digital age, which can include the illegal and unlawful solicitation through email and websites, misrepresentation of identity, or the attempt to fraudulently assume the identity of another individual. 

Measures undertaken in order to provide security with regard to the usage of electronic networks – as well as technologically-based communication systems that rely on the Internet as a means of online communication – may vary in the precautions taken in order to promote lawful Internet usage and legitimate electronic correspondence. When you realize your identity has been stolen contact an identity theft lawyer to acquire legal advice and assistance.

What are Some Methods of Computer Fraud Used for Identity Theft?

Computer-based Identity Theft typically involves perpetrators deceptively assuming the identity of another individual without the expressed consent with the intent of committing a crime; fraudulent and illicit attainment of personal information through the usage of unsecured websites may result in the victims of identity theft undergoing the loss of finances, personal safety, and privacy:

Hacking is the unlawful into the computer terminal, database, or digital record system belonging to another individual; hacking may be undertaken in order to unlawfully attain the personal and private information belonging to another individual

A computer virus is a program may be created to infiltrate a computer terminal belonging to another individual with the intent illicitly obtain information belonging to other individuals

Spyware are computer programs facilitating the unlawful collection of data, allowing individuals the illicit access to the personal and private information belonging to another individual; the use of spyware may result in identity theft.