[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4133 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4133

     To modernize the REAL ID Act of 2005, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 1, 2020

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

_______________________________________________________________________

                                 A BILL


 
     To modernize the REAL ID Act of 2005, 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 ``REAL ID Modernization Act''.

SEC. 2. REAL ID ACT AMENDMENTS.

    (a) Definitions.--Section 201 of the REAL ID Act of 2005 (division 
B of Public Law 109-13; 49 U.S.C. 30301 note) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``The term `driver's license' 
                means'' and inserting the following: ``The term 
                `driver's license'--
                    ``(A) means''; and
                    (B) by striking ``Code.'' and inserting the 
                following: ``Code; and
                    ``(B) includes driver's licenses stored or accessed 
                via electronic means, such as mobile or digital 
                driver's licenses, which have been issued in accordance 
                with regulations prescribed by the Secretary.''; and
            (2) in paragraph (2)--
                    (A) by striking ``The term `identification card' 
                means'' and inserting the following: ``The term 
                `identification card'--
                    ``(A) means''; and
                    (B) by striking ``State.'' and inserting the 
                following: ``State; and
                    ``(B) includes identification cards stored or 
                accessed via electronic means, such as mobile or 
                digital identification cards, which have been issued in 
                accordance with regulations prescribed by the 
                Secretary.''.
    (b) Minimum Requirements for Federal Recognition.--Section 202 of 
the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 
30301 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``, in 
                consultation with the Secretary of Transportation,''; 
                and
                    (B) by adding at the end the following:
            ``(3) Limitation.--The presentation of a digital image of a 
        driver's license or identification card to an official of a 
        Federal agency may not be construed to grant consent for such 
        Federal agency--
                    ``(A) to examine any data (other than the digital 
                document being presented) contained on the personal 
                electronic device on which the license or card is 
                displayed; or
                    ``(B) to otherwise search or seize such device.'';
            (2) in subsection (b)--
                    (A) in the subsection header, by striking 
                ``Document'' and inserting ``Driver's License and 
                Identification Card'';
                    (B) in the matter preceding paragraph (1), by 
                inserting ``, or as part of,'' after ``features on'';
                    (C) in paragraph (5), by inserting ``, which may be 
                taken at the time the person applies for a driver's 
                license or identification card or may be a digital 
                photograph of the person that is already on file with 
                the State if the photograph was taken during the 6-year 
                period preceding such application'' before the period 
                at the end;
                    (D) in paragraph (6), by striking ``principle'' and 
                inserting ``principal''; and
                    (E) in paragraph (8)--
                            (i) by striking ``Physical security'' and 
                        inserting ``Security''; and
                            (ii) by striking ``document'' and inserting 
                        ``driver's license or identification card'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C), by striking 
                        ``Proof of the'' and inserting ``The''; and
                            (ii) in subparagraph (D), by striking 
                        ``Documentation showing the'' and inserting 
                        ``The'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4);
                    (C) by inserting after paragraph (2) the following:
            ``(3) Electronic presentation of identity and lawful status 
        information.--A State may accept information required under 
        paragraphs (1) and (2) through the use of electronic 
        transmission methods if--
                    ``(A) the Secretary issues regulations regarding 
                such electronic transmission that--
                            ``(i) describe the categories of 
                        information eligible for electronic 
                        transmission; and
                            ``(ii) include measures--
                                    ``(I) to ensure the authenticity of 
                                the information transmitted;
                                    ``(II) to protect personally 
                                identifiable information; and
                                    ``(III) to detect and prevent 
                                identity fraud; and
                    ``(B) the State certifies to the Department of 
                Homeland Security that its use of such electronic 
                methods complies with regulations issued by the 
                Secretary.''; and
                    (D) in paragraph (4)(A), as redesignated, by 
                striking ``each document'' and inserting ``the 
                information and documentation''; and
            (4) in subsection (d)--
                    (A) in paragraph (7), by striking ``document 
                materials and papers'' and inserting ``materials, 
                records, and data'';
                    (B) in paragraph (8), by striking ``security 
                clearance requirements'' and inserting ``background 
                checks''; and
                    (C) in paragraph (9), by striking ``fraudulent 
                document recognition'' and inserting ``fraud detection 
                and prevention''.
    (c) Permanent Extension of Grants to States.--Section 204(b) of the 
REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 
note) is amended by striking ``for each of the fiscal years 2005 
through 2009''.
    (d) Rulemaking Procedure.--Section 205(a) of the REAL ID Act of 
2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note) is amended 
to read as follows:
    ``(a) Procedure.--At the Secretary's discretion, the promulgation 
of regulations and the administration of this title may be made without 
regard to--
            ``(1) chapter 35 of title 44, United States Code (commonly 
        known as the `Paperwork Reduction Act'); and
            ``(2) the notice and comment and delayed effective date 
        provisions under section 553 of title 5, United States Code.''.
    (e) Notification of REAL ID Act of 2005 Requirements.--The REAL ID 
Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note) is 
amended by adding at the end the following:

``SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEADLINES.

    ``During the 15-month period beginning 90 days before the date on 
which Federal agencies will no longer accept, for official purposes, 
driver's licenses and identification cards that do not comply with the 
requirements under section 202, aircraft operators and third party 
reservation entities shall notify passengers, to the extent 
practicable, about the requirements and enforcement deadlines under 
this Act.''.

SEC. 3. IMMEDIATE BURDEN REDUCTION MEASURES.

    Notwithstanding any other provision of law, beginning on the date 
of the enactment of this Act, a State does not need to require an 
applicant for a driver's license or identification card to provide 
separate documentation of the applicant's Social Security account 
number or address of principal residence in order to comply with 
section 201 of the REAL ID Act of 2005, as amended by section 2(a).
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