1.Minimum document requirementsSection 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
.
2.Authority to extend compliance
deadlinesSection 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)The
Secretary
;
and
(2)by adding at the end the following:
(2)Lack of validation systemsIf 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.
.
3.
(a)Negotiated rulemaking
committeeThe 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)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)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)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.