[Congressional Record Volume 163, Number 8 (Thursday, January 12, 2017)]
[Senate]
[Pages S316-S317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DAINES (for himself, Mr. Paul, and Mr. Tester):
  S. 126. 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; to the Committee on Homeland Security 
and Governmental Affairs.
  Mr. DAINES. Mr. President, in 2005, the Federal Government enacted 
the REAL ID Act, imposing Federal standards established by the 
Department of Homeland Security to the process and production of the 
issuance of States' driver's licenses and identification cards.
  This law was an underfunded, top down, Federal mandate, infringing on 
personal privacy, increasing the personal information susceptible to 
cyber-attacks, and undermining State sovereignty. Furthermore, a REAL 
ID compliant State ID will be required for all ``official federal 
purposes,'' including boarding commercial aircraft, impeding the 
movement of American citizens.
  Montana led opposition to this Federal mandate. In 2007, Montana 
enacted a law, after both chambers of the State legislature unanimously 
passing legislation, refusing to comply.
  That is why I am reintroducing the Repeal ID Act--to allow Montana 
and other States to implement their laws, protecting their sovereignty 
and citizens' information. Consistent with the Montana State 
legislature, this legislation will repeal the REAL ID Act of 2005.
  Montanans are fully aware of the power that big data holds and the 
consequences when that data is abused. Montana has shown how States are 
best equipped to make licenses secure, without sacrificing the privacy 
and rights of their citizens. The Repeal ID Act will allow us to strike 
a balance that protects our national security, while also safeguarding 
Montanans' civil liberties and personal privacy.
  I want to thank Senators Paul and Tester for being original 
cosponsors of this bill and I ask my other Senate colleagues to join us 
in support of this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 126

       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.

[[Page S317]]

       ``(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.
                                 ______