[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 126 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 126

To amend the Real ID Act of 2005 to repeal provisions requiring uniform 
 State driver's licenses and State identification cards, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 12, 2017

   Mr. Daines (for himself, Mr. Paul, and Mr. Tester) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Real ID Act of 2005 to repeal provisions requiring uniform 
 State driver's licenses and State identification cards, 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. SHORT TITLE.

    This Act may be cited as the ``Repeal ID Act of 2017''.

SEC. 2. REPEAL OF REQUIREMENTS FOR UNIFORM STATE DRIVER'S LICENSES AND 
              STATE IDENTIFICATION CARDS.

    (a) Repeal.--Title II of the Real ID Act of 2005 (division B of 
Public Law 109-13) is amended by striking sections 201 through 205 (49 
U.S.C. 30301 note).
    (b) Conforming Amendments.--
            (1) Criminal code.--Section 1028(a)(8) of title 18, United 
        States Code, is amended by striking ``false or actual 
        authentication features'' and inserting ``false identification 
        features''.
            (2) Intelligence reform and terrorism prevention act of 
        2004.--
                    (A) In general.--Subtitle B of title VII of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004 (Public Law 108-458) is amended by inserting after 
                section 7211 the following:

``SEC. 7212. 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) 
        that has been 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 conformance.--The Secretary of 
                Transportation, in consultation with the Secretary of 
                Homeland Security, shall establish a date after which 
                no driver's license or personal identification card 
                shall be accepted by a Federal agency for any official 
                purpose unless such driver's license or personal 
                identification card conforms to the minimum standards 
                established under paragraph (2). The date shall be as 
                early as the Secretary determines it is practicable for 
                the States to comply with such date with reasonable 
                efforts.
                    ``(C) State certification.--
                            ``(i) In general.--Each State shall certify 
                        to the Secretary of Transportation 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 
                        Transportation, with the concurrence of the 
                        Secretary of Homeland Security, may prescribe 
                        by regulation.
                            ``(iii) Audits.--The Secretary of 
                        Transportation may conduct periodic audits of 
                        each State's compliance with the requirements 
                        of this section.
            ``(2) Minimum standards.--Not later than 18 months after 
        the date of the enactment of this Act, the Secretary of 
        Transportation, in consultation with the Secretary of Homeland 
        Security, shall establish, by regulation, 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--
                            ``(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 digital 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 digital 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.
            ``(3) Content of regulations.--The regulations required 
        under paragraph (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; and
                    ``(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.
            ``(4) Negotiated rulemaking.--
                    ``(A) In general.--Before publishing the proposed 
                regulations required by paragraph (2) to carry out this 
                title, the Secretary of Transportation 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.).
                    ``(B) Representation on negotiated rulemaking 
                committee.--Any negotiated rulemaking committee 
                established by the Secretary of Transportation pursuant 
                to subparagraph (A) shall include representatives 
                from--
                            ``(i) among State offices that issue 
                        driver's licenses or personal identification 
                        cards;
                            ``(ii) among State elected officials;
                            ``(iii) the Department of Homeland 
                        Security; and
                            ``(iv) among interested parties.
                    ``(C) Time requirement.--The process described in 
                subparagraph (A) shall be conducted in a timely manner 
                to ensure that--
                            ``(i) any recommendation for a proposed 
                        rule or report is provided to the Secretary of 
                        Transportation not later than 9 months after 
                        the date of enactment of this Act and shall 
                        include an assessment of the benefits and costs 
                        of the recommendation; and
                            ``(ii) a final rule is promulgated not 
                        later than 18 months after the date of 
                        enactment of this Act.
    ``(c) 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 Transportation 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 
        Transportation 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.
    ``(d) Extension of Effective Date.--The Secretary of Transportation 
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.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for each of the fiscal 
years 2005 through 2009, such sums as may be necessary to carry out 
this section.''.
                    (B) Effective date.--Section 7212 of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004, as added by subparagraph (A), shall take effect 
                as if included in the original enactment of such Act on 
                December 17, 2004.
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