[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3471 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3471
To repeal title II of the REAL ID Act of 2005, to reinstitute section
7212 of the Intelligence Reform and Terrorism Prevention Act of 2004,
which provides States additional regulatory flexibility and funding
authorization to more rapidly produce tamper- and counterfeit-resistant
driver's licenses, and to protect privacy and civil liberties by
providing interested stakeholders on a negotiated rulemaking with
guidance to achieve improved 21st century licenses to improve national
security.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2009
Mr. Cohen (for himself, Mr. Hodes, Mr. Stark, Mr. Filner, Mr. Kucinich,
and Mr. Gonzalez) introduced the following bill; which was referred to
the Committee on Oversight and Government Reform, and in addition to
the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To repeal title II of the REAL ID Act of 2005, to reinstitute section
7212 of the Intelligence Reform and Terrorism Prevention Act of 2004,
which provides States additional regulatory flexibility and funding
authorization to more rapidly produce tamper- and counterfeit-resistant
driver's licenses, and to protect privacy and civil liberties by
providing interested stakeholders on a negotiated rulemaking with
guidance to achieve improved 21st century licenses to improve national
security.
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 Repeal and Identification
Security Enhancement Act of 2009''.
SEC. 2. REPEAL.
Title II of the REAL ID Act of 2005 (division B of Public Law 109-
13; 49 U.S.C. 30301 note) is repealed.
SEC. 3. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS.
(a) Definitions.--In this section:
(1) Driver's license.--The term ``driver's license'' means
a motor vehicle operator's license (as defined in section
30301(5) of title 49, United States Code).
(2) Personal identification card.--The term ``personal
identification card'' means an identification document (as
defined in section 1028(d)(3) of title 18, United States Code)
issued by a State.
(b) Standards for Acceptance by Federal Agencies.--
(1) In general.--
(A) Limitation on acceptance.--No Federal agency
may accept, for any official purpose, a driver's
license or personal identification card newly issued by
a State more than 2 years after the promulgation of the
minimum standards under paragraph (2) unless the
driver's license or personal identification card
conforms to such minimum standards.
(B) Date for full conformance.--
(i) In general.--Except as provided under
clause (ii), beginning on the date that is 5
years after the promulgation of minimum
standards under paragraph (2), no Federal
agency may accept, for any official purpose, a
driver's license or personal identification
card issued by a State unless such driver's
license or personal identification card
conforms to such minimum standards.
(ii) Alternative date for full
conformance.--If the Secretary of Homeland
Security determines that it is impracticable
for States to replace all State-issued driver's
licenses and personal identification cards
before the deadline set forth in clause (i),
the Secretary of Homeland Security, in
consultation with the Secretary of
Transportation, may set a later, alternative
deadline to the extent necessary for States to
complete such replacement with reasonable
efforts.
(C) State certification.--
(i) In general.--Each State shall certify
to the Secretary of Homeland Security that the
State is in compliance with the requirements of
this section.
(ii) Frequency.--Certifications under
clause (i) shall be made at such intervals and
in such a manner as the Secretary of Homeland
Security, with the concurrence of the Secretary
of Transportation, may prescribe by regulation.
(iii) Audits.--The Secretary of Homeland
Security may conduct periodic audits of each
State's compliance with the requirements of
this section.
(2) Minimum standards.--Not later than 12 months after the
date of enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Transportation,
shall by regulation, establish minimum standards for driver's
licenses or personal identification cards issued by a State for
use by Federal agencies for identification purposes that shall
include--
(A) standards for documentation required as proof
of identity of an applicant for a driver's license or
personal identification card;
(B) standards for the verifiability of documents
used to obtain a driver's license or personal
identification card;
(C) standards for the processing of applications
for driver's licenses and personal identification cards
to prevent fraud;
(D) standards for information to be included on
each driver's license or personal identification card,
including (consistent with such regulations)--
(i) the person's full legal name;
(ii) the person's date of birth;
(iii) the person's gender;
(iv) the person's driver's license or
personal identification card number;
(v) a photograph of the person;
(vi) the person's address of principal
residence; and
(vii) the person's signature;
(E) standards for common machine-readable identity
information to be included on each driver's license or
personal identification card, including defined minimum
data elements;
(F) security standards to ensure that driver's
licenses and personal identification cards are--
(i) resistant to tampering, alteration, or
counterfeiting; and
(ii) capable of accommodating and ensuring
the security of a photograph or other unique
identifier; and
(G) a requirement that a State confiscate a
driver's license or personal identification card if any
component or security feature of the license or
identification card is compromised.
(c) Negotiated Rulemaking.--
(1) In general.--Before publishing the proposed regulations
required by subsection (b)(2) to carry out this title, the
Secretary of Homeland Security shall establish a negotiated
rulemaking process pursuant to subchapter IV of chapter 5 of
title 5, United States Code (5 U.S.C. 561 et seq.).
(2) Time requirement.--The process described in paragraph
(1) shall be conducted in a timely manner to ensure that--
(A) any recommendation for a proposed rule or
report--
(i) is provided to the Secretary of
Homeland Security not later than 9 months after
the date of enactment of this Act; and
(ii) includes an assessment of the benefits
and costs of the recommendation; and
(B) a final rule is promulgated not later than 12
months after the date of enactment of this Act.
(3) Representation on negotiated rulemaking committee.--Any
negotiated rulemaking committee established by the Secretary of
Homeland Security pursuant to paragraph (1) shall include
representation from--
(A) the Department of Transportation;
(B) among State elected officials;
(C) among State offices that issue driver's
licenses or personal identification cards; and
(D) among interested parties, including experts in
privacy protection, experts in civil liberties and
protection of constitutional rights, experts in
immigration law, experts in fraud detection, and
experts in vital records management.
(4) Content of regulations.--The regulations required by
subsection (b)(2)--
(A) shall facilitate communication between the
chief driver licensing official of a State, an
appropriate official of a Federal agency and other
relevant officials, to verify the authenticity of
documents, as appropriate, issued by such Federal
agency or entity and presented to prove the identity of
an individual;
(B) may not infringe on a State's power to set
criteria concerning what categories of individuals are
eligible to obtain a driver's license or personal
identification card from that State;
(C) may not require a State to comply with any such
regulation that conflicts with or otherwise interferes
with the full enforcement of State criteria concerning
the categories of individuals that are eligible to
obtain a driver's license or personal identification
card from that State;
(D) may not require a single design to which
driver's licenses or personal identification cards
issued by all States must conform;
(E) shall include procedures and requirements to
protect the privacy rights of individuals who apply for
and hold driver's licenses and personal identification
cards;
(F) shall include procedures and requirements to
protect the Federal and State constitutional rights and
civil liberties of individuals who apply for and hold
driver's licenses and personal identification cards;
(G) shall not permit the transmission of any
personally identifiable information except for in
encrypted format;
(H) shall provide individuals with procedural and
substantive due process, including promulgating rules
and rights of appeal, to challenge errors in data
records contained within the databases created to
implement this Act;
(I) shall not permit private entities 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 that information with any other
third parties, nor shall private entities be permitted
to store the information collected for any other than
fraud prevention purposes;
(J) shall not preempt State privacy laws that are
more protective of personal privacy than the standards,
or regulations promulgated to implement this Act;
(K) may provide for excluding from a driver's
license or personal identification card an address of
principal residence in circumstances which justify such
an exclusion, such as for reasons of personal security
of domestic violence victims or judges or other law
enforcement officials;
(L) shall not infringe on a State's power to
reasonably accommodate a person's sincerely held
religious belief in granting a driver's license or
personal identification card; and
(M) shall not require verification of birth
certificates until a nationwide system is designed and
implemented to facilitate such verification.
(d) Grants to States.--
(1) Assistance in meeting federal standards.--Beginning on
the date a final regulation is promulgated under subsection
(b)(2), the Secretary of Homeland Security shall award grants
to States to assist them in conforming to the minimum standards
for driver's licenses and personal identification cards set
forth in the regulation.
(2) Allocation of grants.--The Secretary of Homeland
Security shall award grants to States under this subsection
based on the proportion that the estimated average annual
number of driver's licenses and personal identification cards
issued by a State applying for a grant bears to the average
annual number of such documents issued by all States.
(3) Minimum allocation.--Notwithstanding paragraph (2),
each State shall receive not less than 0.5 percent of the grant
funds made available under this subsection.
(4) Separate funding.--Funds appropriated for grants under
this section may not be commingled with other grant funds
administered by the Department of Homeland Security and may not
be used for any purpose other than the purpose set forth in
paragraph (1).
(e) Extension of Effective Date.--The Secretary of Homeland
Security may extend the date specified under subsection (b)(1)(A) for
up to 2 years for driver's licenses issued by a State if the Secretary
determines that the State made reasonable efforts to comply with the
date under such subsection but was unable to do so.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Homeland Security $300,000,000 for each of the fiscal years 2010
through 2017 to carry out this Act.
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