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

<DOC>





                                                       Calendar No. 601
116th CONGRESS
  2d Session
                                S. 4133

                          [Report No. 116-303]

     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, Mr. Wyden, and Mr. Wicker) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

                            December 7, 2020

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``REAL ID Modernization 
Act''.</DELETED>

<DELETED>SEC. 2. REAL ID ACT AMENDMENTS.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``The term `driver's 
                license' means'' and inserting the following: ``The 
                term `driver's license'--</DELETED>
                <DELETED>    ``(A) means''; and</DELETED>
                <DELETED>    (B) by striking ``Code.'' and inserting 
                the following: ``Code; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) by striking ``The term `identification 
                card' means'' and inserting the following: ``The term 
                `identification card'--</DELETED>
                <DELETED>    ``(A) means''; and</DELETED>
                <DELETED>    (B) by striking ``State.'' and inserting 
                the following: ``State; and</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking ``, in 
                consultation with the Secretary of Transportation,''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) to otherwise search or seize such 
                device.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in the subsection header, by striking 
                ``Document'' and inserting ``Driver's License and 
                Identification Card'';</DELETED>
                <DELETED>    (B) in the matter preceding paragraph (1), 
                by inserting ``, or as part of,'' after ``features 
                on'';</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (D) in paragraph (6), by striking 
                ``principle'' and inserting ``principal''; 
                and</DELETED>
                <DELETED>    (E) in paragraph (8)--</DELETED>
                        <DELETED>    (i) by striking ``Physical 
                        security'' and inserting ``Security''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``document'' and 
                        inserting ``driver's license or identification 
                        card'';</DELETED>
        <DELETED>    (3) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in subparagraph (C), by 
                        striking ``Proof of the'' and inserting 
                        ``The''; and</DELETED>
                        <DELETED>    (ii) in subparagraph (D), by 
                        striking ``Documentation showing the'' and 
                        inserting ``The'';</DELETED>
                <DELETED>    (B) by redesignating paragraph (3) as 
                paragraph (4);</DELETED>
                <DELETED>    (C) by inserting after paragraph (2) the 
                following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the Secretary issues regulations 
                regarding such electronic transmission that--</DELETED>
                        <DELETED>    ``(i) describe the categories of 
                        information eligible for electronic 
                        transmission; and</DELETED>
                        <DELETED>    ``(ii) include measures--
                        </DELETED>
                                <DELETED>    ``(I) to ensure the 
                                authenticity of the information 
                                transmitted;</DELETED>
                                <DELETED>    ``(II) to protect 
                                personally identifiable information; 
                                and</DELETED>
                                <DELETED>    ``(III) to detect and 
                                prevent identity fraud; and</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (D) in paragraph (4)(A), as redesignated, 
                by striking ``each document'' and inserting ``the 
                information and documentation''; and</DELETED>
        <DELETED>    (4) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (7), by striking 
                ``document materials and papers'' and inserting 
                ``materials, records, and data'';</DELETED>
                <DELETED>    (B) in paragraph (8), by striking 
                ``security clearance requirements'' and inserting 
                ``background checks''; and</DELETED>
                <DELETED>    (C) in paragraph (9), by striking 
                ``fraudulent document recognition'' and inserting 
                ``fraud detection and prevention''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(a) Procedure.--At the Secretary's discretion, the 
promulgation of regulations and the administration of this title may be 
made without regard to--</DELETED>
        <DELETED>    ``(1) chapter 35 of title 44, United States Code 
        (commonly known as the `Paperwork Reduction Act'); 
        and</DELETED>
        <DELETED>    ``(2) the notice and comment and delayed effective 
        date provisions under section 553 of title 5, United States 
        Code.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``SEC. 208. NOTIFICATION OF REQUIREMENTS AND 
              DEADLINES.</DELETED>

<DELETED>    ``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.''.</DELETED>

<DELETED>SEC. 3. IMMEDIATE BURDEN REDUCTION MEASURES.</DELETED>

<DELETED>    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).</DELETED>

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 the section heading, by striking ``document'';
            (2) 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 digital information 
        from a mobile or digital driver's license or identification 
        card to an official of a Federal agency for an official purpose 
        may not be construed to grant consent for such Federal agency 
        to seize the electronic device on which the license or card is 
        stored or to examine any other information contained on such 
        device.'';
            (3) in subsection (b)--
                    (A) in the subsection heading, 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 
                the photograph taken by the State 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 of the person by the State 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'';
            (4) 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
            (5) 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) Repeal of Grants to States.--The REAL ID Act of 2005 (division 
B of Public Law 109-13; 49 U.S.C. 30301 note) is amended by striking 
section 204.
    (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 about the requirements and 
enforcement deadlines under this Act.''.

SEC. 3. IMMEDIATE BURDEN REDUCTION MEASURES.

    Notwithstanding any other provision of law (including regulations), 
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 the requirements of the REAL ID Act of 2005 (division B of 
Public Law 109-13; 49 U.S.C. 30301 note).
                                                       Calendar No. 601

116th CONGRESS

  2d Session

                                S. 4133

                          [Report No. 116-303]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            December 7, 2020

                       Reported with an amendment