[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 563 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 563

 To extend the deadline by which State identification documents shall 
     comply with certain minimum standards and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2007

  Ms. Collins introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To extend the deadline by which State identification documents shall 
     comply with certain minimum standards and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MINIMUM DOCUMENT REQUIREMENTS.

    Section 202(a)(1) of the REAL ID Act of 2005 (49 U.S.C. 30301 note) 
is amended by striking ``3 years after the date of the enactment of 
this division'' and inserting ``2 years after the promulgation of final 
regulations to implement this section''.

SEC. 2. AUTHORITY TO EXTEND COMPLIANCE DEADLINES.

    Section 205(b) of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is 
amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Lack of validation systems.--If the Secretary 
        determines that the Federal or State electronic systems 
        required to verify the validity and completeness of documents 
        under section 202(c)(3) are not available to any State on the 
        date described in section 202(a)(1), the requirements under 
        section 202(c)(1) shall not apply to any State until adequate 
        electronic validation systems are available to all States.''.

SEC. 3. NEGOTIATED RULEMAKING.

    (a) Negotiated Rulemaking Committee.--The Secretary of Homeland 
Security shall reconvene the committee originally established pursuant 
to section 7212(b)(4) of the 9/11 Commission Implementation Act of 2004 
(49 U.S.C. 30301 note), with the addition of any new interested 
parties, including experts in privacy protection, experts in civil 
liberties and protection of constitutional rights, and experts in 
immigration law, to--
            (1) review the regulations proposed by the Secretary of 
        Homeland Security to implement section 202 of the REAL ID Act 
        of 2005 (49 U.S.C. 30301 note);
            (2) review the provisions of the REAL ID Act of 2005;
            (3) submit recommendations to the Secretary of Homeland 
        Security regarding appropriate modifications to such 
        regulations; and
            (4) submit recommendations to the Secretary of Homeland 
        Security and Congress regarding appropriate modifications to 
        the REAL ID Act of 2005.
    (b) Criteria.--In conducting the review under subsection (a)(1), 
the committee shall consider, in addition to other factors at the 
discretion of the committee, modifications to the regulations to--
            (1) minimize conflicts between State laws regarding 
        driver's license eligibility;
            (2) include procedures and requirements to protect the 
        Federal and State constitutional rights, civil liberties, and 
        privacy rights of individuals who apply for and hold driver's 
        licenses and personal identification cards;
            (3) protect the security of all personal information 
        maintained in electronic form;
            (4) provide individuals with procedural and substantive due 
        process, including rules and right of appeal, to challenge 
        errors in data records contained within the databases created 
        to implement section 202 of the REAL ID Act of 2005;
            (5) ensure that private entities are not permitted to scan 
        the information contained on the face of a license, or in the 
        machine readable component of the license, and resell, share, 
        or trade such information with third parties;
            (6) provide a fair system of funding to limit the costs of 
        meeting the requirements of section 202 of the REAL ID Act of 
        2005;
            (7) facilitate the management of vital identity-proving 
        records; and
            (8) improve the effectiveness and security of Federal 
        documents used to validate identification.
    (c) Rulemaking.--To the extent that the final regulations to 
implement section 202 of the REAL ID Act of 2005 do not reflect the 
modifications recommended by the committee pursuant to subsection 
(a)(3), the Secretary of Homeland Security shall include, with such 
regulations in the Federal Register, the reasons for rejecting such 
modifications.
    (d) Reports.--Upon submitting recommendations to the Secretary of 
Homeland Security under subsection (a), the committee shall submit a 
report to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives that includes--
            (1) the list of recommended modifications to the 
        regulations that were submitted to the Secretary of Homeland 
        Security under subsection (a)(3); and
            (2) a list of recommended amendments to the Real ID Act of 
        2005 that would address any concerns that could not be resolved 
        by regulation.
                                 <all>