II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘REAL ID Moderniza5 tion Act’’. 

6 SEC. 2. REAL ID ACT AMENDMENTS. 

7 (a) DEFINITIONS.—Section 201 of the REAL ID Act 

8 of 2005 (division B of Public Law 109–13; 49 U.S.C. 

9 30301 note) is amended— 

10 (1) in paragraph (1)— 


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1 (A) by striking ‘‘The term ‘driver’s license’ 

2 means’’ and inserting the following: ‘‘The term 

3 ‘driver’s license’— 

4 ‘‘(A) means’’; and 

5 (B) by striking ‘‘Code.’’ and inserting the 

6 following: ‘‘Code; and 

7 ‘‘(B) includes driver’s licenses stored or 

8 accessed via electronic means, such as mobile or 

9 digital driver’s licenses, which have been issued 

10 in accordance with regulations prescribed by the 

11 Secretary.’’; and 

12 (2) in paragraph (2)— 

13 (A) by striking ‘‘The term ‘identification 

14 card’ means’’ and inserting the following: ‘‘The 

15 term ‘identification card’— 

16 ‘‘(A) means’’; and 

17 (B) by striking ‘‘State.’’ and inserting the 

18 following: ‘‘State; and 

19 ‘‘(B) includes identification cards stored or 

20 accessed via electronic means, such as mobile or 

21 digital identification cards, which have been 

22 issued in accordance with regulations prescribed 

23 by the Secretary.’’. 

24 (b) MINIMUM REQUIREMENTS FOR FEDERAL REC25 OGNITION.—Section 202 of the REAL ID Act of 2005 (diVerDate Sep 11 2014 00:55 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4133.IS S4133

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1 vision B of Public Law 109–13; 49 U.S.C. 30301 note) 

2 is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (2), by striking ‘‘, in con5 sultation with the Secretary of Transpor6 tation,’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(3) LIMITATION.—The presentation of a dig9 ital image of a driver’s license or identification card 

10 to an official of a Federal agency may not be con11 strued to grant consent for such Federal agency— 

12 ‘‘(A) to examine any data (other than the 

13 digital document being presented) contained on 

14 the personal electronic device on which the li15 cense or card is displayed; or 

16 ‘‘(B) to otherwise search or seize such de17 vice.’’; 

18 (2) in subsection (b)— 

19 (A) in the subsection header, by striking 

20 ‘‘DOCUMENT’’ and inserting ‘‘DRIVER’S LI21 CENSE AND IDENTIFICATION CARD’’; 

22 (B) in the matter preceding paragraph (1), 

23 by inserting ‘‘, or as part of,’’ after ‘‘features 

24 on’’; 


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1 (C) in paragraph (5), by inserting ‘‘, which 

2 may be taken at the time the person applies for 

3 a driver’s license or identification card or may 

4 be a digital photograph of the person that is al5 ready on file with the State if the photograph 

6 was taken during the 6-year period preceding 

7 such application’’ before the period at the end; 

8 (D) in paragraph (6), by striking ‘‘prin9 ciple’’ and inserting ‘‘principal’’; and 

10 (E) in paragraph (8)— 

11 (i) by striking ‘‘Physical security’’ and 

12 inserting ‘‘Security’’; and 

13 (ii) by striking ‘‘document’’ and in14 serting ‘‘driver’s license or identification 

15 card’’; 

16 (3) in subsection (c)— 

17 (A) in paragraph (1)— 

18 (i) in subparagraph (C), by striking 

19 ‘‘Proof of the’’ and inserting ‘‘The’’; and 

20 (ii) in subparagraph (D), by striking 

21 ‘‘Documentation showing the’’ and insert22 ing ‘‘The’’; 

23 (B) by redesignating paragraph (3) as 

24 paragraph (4); 


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1 (C) by inserting after paragraph (2) the 

2 following: 

3 ‘‘(3) ELECTRONIC PRESENTATION OF IDENTITY

4 AND LAWFUL STATUS INFORMATION.—A State may 

5 accept information required under paragraphs (1) 

6 and (2) through the use of electronic transmission 

7 methods if— 

8 ‘‘(A) the Secretary issues regulations re9 garding such electronic transmission that— 

10 ‘‘(i) describe the categories of infor11 mation eligible for electronic transmission; 

12 and 

13 ‘‘(ii) include measures— 

14 ‘‘(I) to ensure the authenticity of 

15 the information transmitted; 

16 ‘‘(II) to protect personally identi17 fiable information; and 

18 ‘‘(III) to detect and prevent iden19 tity fraud; and 

20 ‘‘(B) the State certifies to the Department 

21 of Homeland Security that its use of such elec22 tronic methods complies with regulations issued 

23 by the Secretary.’’; and 


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1 (D) in paragraph (4)(A), as redesignated, 

2 by striking ‘‘each document’’ and inserting ‘‘the 

3 information and documentation’’; and 

4 (4) in subsection (d)— 

5 (A) in paragraph (7), by striking ‘‘docu6 ment materials and papers’’ and inserting ‘‘ma7 terials, records, and data’’; 

8 (B) in paragraph (8), by striking ‘‘security 

9 clearance requirements’’ and inserting ‘‘back10 ground checks’’; and 

11 (C) in paragraph (9), by striking ‘‘fraudu12 lent document recognition’’ and inserting 

13 ‘‘fraud detection and prevention’’. 

14 (c) PERMANENT EXTENSION OF GRANTS TO

15 STATES.—Section 204(b) of the REAL ID Act of 2005 

16 (division B of Public Law 109–13; 49 U.S.C. 30301 note) 

17 is amended by striking ‘‘for each of the fiscal years 2005 

18 through 2009’’. 

19 (d) RULEMAKING PROCEDURE.—Section 205(a) of 

20 the REAL ID Act of 2005 (division B of Public Law 109– 

21 13; 49 U.S.C. 30301 note) is amended to read as follows: 

22 ‘‘(a) PROCEDURE.—At the Secretary’s discretion, the 

23 promulgation of regulations and the administration of this 

24 title may be made without regard to— 


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1 ‘‘(1) chapter 35 of title 44, United States Code 

2 (commonly known as the ‘Paperwork Reduction 

3 Act’); and 

4 ‘‘(2) the notice and comment and delayed effec5 tive date provisions under section 553 of title 5, 

6 United States Code.’’. 

7 (e) NOTIFICATION OF REAL ID ACT OF 2005 RE8 QUIREMENTS.—The REAL ID Act of 2005 (division B of 

9 Public Law 109–13; 49 U.S.C. 30301 note) is amended 

10 by adding at the end the following: 

11 ‘‘SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEAD12 LINES. 

13 ‘‘During the 15-month period beginning 90 days be14 fore the date on which Federal agencies will no longer ac15 cept, for official purposes, driver’s licenses and identifica16 tion cards that do not comply with the requirements under 

17 section 202, aircraft operators and third party reservation 

18 entities shall notify passengers, to the extent practicable, 

19 about the requirements and enforcement deadlines under 

20 this Act.’’. 

21 SEC. 3. IMMEDIATE BURDEN REDUCTION MEASURES. 

22 Notwithstanding any other provision of law, begin23 ning on the date of the enactment of this Act, a State 

24 does not need to require an applicant for a driver’s license 

25 or identification card to provide separate documentation 


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1 of the applicant’s Social Security account number or ad2 dress of principal residence in order to comply with section 

3 201 of the REAL ID Act of 2005, as amended by section 

4 2(a). 

Æ 


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