II 

111TH CONGRESS 

1ST SESSION S. 1261 

To repeal title II of the REAL ID Act of 2005 and amend title II of 

the Homeland Security Act of 2002 to better protect the security, confidentiality, and integrity of personally identifiable information collected 

by States when issuing driver’s licenses and identification documents, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2009 

Mr. AKAKA (for himself, Mr. VOINOVICH, Mr. LEAHY, Mr. TESTER, Mr. BAUCUS, and Mr. CARPER) introduced the following bill; which was read twice 

and referred to the Committee on Homeland Security and Governmental 

Affairs 

A BILL 

To repeal title II of the REAL ID Act of 2005 and amend 

title II of the Homeland Security Act of 2002 to better 

protect the security, confidentiality, and integrity of personally identifiable information collected by States when 

issuing driver’s licenses and identification documents, 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Providing for Addi3 tional Security in States’ Identification Act of 2009’’ or 

4 the ‘‘PASS ID Act’’. 

5 SEC. 2. REPEAL. 

6 Title II of the REAL ID Act of 2005 (Division B 

7 of Public Law 109–13) is repealed. 

8 SEC. 3. IDENTIFICATION SECURITY. 

9 (a) IN GENERAL.—Title II of the Homeland Security 

10 Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding 

11 at the end the following: 

12 ‘‘Subtitle E—Improved Security for 

13 Driver’s Licenses and Personal 

14 Identification Cards 

15 ‘‘SEC. 241. DEFINITIONS. 

16 ‘‘In this subtitle: 

17 ‘‘(1) DRIVER’S LICENSE.—The term ‘driver’s li18 cense’ means a motor vehicle operator’s license, as 

19 defined in section 30301 of title 49, United States 

20 Code. 

21 ‘‘(2) IDENTIFICATION CARD.—The term ‘identi22 fication card’ means a personal identification card, 

23 as defined in section 1028(d) of title 18, United 

24 States Code, issued by a State. 

25 ‘‘(3) MATERIALLY COMPLIANT.—A State is 

26 ‘materially compliant’ if the State has certified to 


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1 the Secretary that the State has commenced issuing 

2 driver’s licenses and identification cards that are 

3 compliant with the requirements of this subtitle. 

4 ‘‘(4) OFFICIAL PURPOSE.—The term ‘official 

5 purpose’ means— 

6 ‘‘(A) accessing Federal facilities that con7 tain mission functions critical to homeland se8 curity, national security, or defense; 

9 ‘‘(B) accessing nuclear power plants; or 

10 ‘‘(C) boarding federally regulated commer11 cial aircraft. 

12 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

13 the Secretary of Homeland Security. 

14 ‘‘(6) STATE.—The term ‘State’ means a State 

15 of the United States, the District of Columbia, Puer16 to Rico, the Virgin Islands, Guam, American Samoa, 

17 and the Commonwealth of the Northern Mariana Is18 lands. 

19 ‘‘SEC. 242. MINIMUM DOCUMENT REQUIREMENTS AND 

20 ISSUANCE STANDARDS FOR FEDERAL REC21 OGNITION. 

22 ‘‘(a) MINIMUM STANDARDS FOR FEDERAL USE.— 

23 ‘‘(1) IN GENERAL.—Beginning 1 year after the 

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1 ment this subtitle, pursuant to section 5 of the 

2 PASS ID Act— 

3 ‘‘(A) a Federal agency may not accept, for 

4 any official purpose, a driver’s license or identi5 fication card issued by a State to any person 

6 unless the State is materially compliant; and 

7 ‘‘(B) no person shall be denied boarding a 

8 commercial aircraft solely on the basis of failure 

9 to present a driver’s license or identification 

10 card issued pursuant to this subtitle. 

11 ‘‘(2) AGENCY ACCEPTANCE.—Beginning 6 years 

12 after the date on which final regulations are issued 

13 to implement this subtitle, pursuant to section 5 of 

14 the PASS ID Act, a Federal agency may not accept, 

15 for any official purpose, a driver’s license or identi16 fication card unless the license or card complies with 

17 subsection (b). 

18 ‘‘(3) STATE CERTIFICATIONS.—The Secretary 

19 shall determine whether a State is meeting the re20 quirements of this section based on certifications 

21 made by the State to the Secretary. Such certifi22 cations shall be made at such times and in such 

23 manner as the Secretary, in consultation with the 

24 Secretary of Transportation, may prescribe by regu25 lation. 


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1 ‘‘(4) CERTIFICATION OF OTHER IDENTIFICA2 TION DOCUMENTS.—The Secretary may certify any 

3 driver’s license or identification card, including an 

4 Enhanced Driver’s License designated by the Sec5 retary under section 7209 of the 9/11 Commission 

6 Implementation Act of 2004, as compliant with the 

7 requirements of this subtitle if the Secretary, after 

8 review, determines such license or card meets the re9 quirements of this subtitle. 

10 ‘‘(b) MINIMUM DOCUMENT REQUIREMENTS.—To 

11 meet the requirements of this section, a State shall in12 clude, at a minimum, the following information and fea13 tures on each driver’s license and identification card 

14 issued to a person by the State: 

15 ‘‘(1) The person’s legal name. 

16 ‘‘(2) The person’s date of birth. 

17 ‘‘(3) The person’s gender. 

18 ‘‘(4) The person’s driver’s license or identifica19 tion card number. 

20 ‘‘(5) A digital photograph of the person. 

21 ‘‘(6) The person’s address of principal resi22 dence, except— 

23 ‘‘(A) as provided for under section 827 of 

24 the Violence Against Women Act (Public Law 

25 109–162); or 


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1 ‘‘(B) for any individual who a State deter2 mines should be exempted from the requirement 

3 under this paragraph to protect the safety or 

4 security of the applicant. 

5 ‘‘(7) The person’s signature. 

6 ‘‘(8) A combination of security features de7 signed to protect the physical integrity of the docu8 ment, including the prevention of tampering, coun9 terfeiting, or duplication of the document for fraudu10 lent purposes. 

11 ‘‘(9) A common machine-readable technology, 

12 containing the data elements available on the face of 

13 a driver’s license or identification card. A person’s 

14 social security number may not be included in these 

15 data elements. 

16 ‘‘(10) A unique symbol designated by the Sec17 retary to indicate compliance with the requirements 

18 under this section. 

19 ‘‘(c) MINIMUM ISSUANCE STANDARDS.— 

20 ‘‘(1) IN GENERAL.—To meet the requirements 

21 of this section, for all driver’s licenses and identifica22 tion cards issued under this subtitle at least 1 year 

23 after the date on which final regulations are issued 

24 to implement this subtitle, pursuant to section 5 of 

25 the PASS ID Act, a State shall require, at a minVerDate Nov 24 2008 22:46 Jun 15, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1261.IS S1261

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1 imum, presentation and validation of the following 

2 information before issuing a driver’s license or iden3 tification card to a person: 

4 ‘‘(A) A photo identity document, except 

5 that a non-photo identity document is accept6 able if it includes both the person’s full name 

7 and date of birth. 

8 ‘‘(B) Documentation showing the person’s 

9 date of birth. 

10 ‘‘(C) Proof of the person’s social security 

11 account number or verification that the person 

12 is not eligible for a social security account num13 ber. 

14 ‘‘(D) Documentation showing the person’s 

15 name and address of principal residence. 

16 ‘‘(2) SPECIAL REQUIREMENTS.— 

17 ‘‘(A) IN GENERAL.—To meet the require18 ments of this section, a State shall comply with 

19 the minimum standards of this paragraph. 

20 ‘‘(B) EVIDENCE OF LAWFUL STATUS.—Be21 fore issuing a driver’s license or identification 

22 card to a person, a State shall verify that the 

23 person— 

24 ‘‘(i) is a citizen or national of the 

25 United States; 


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1 ‘‘(ii) has been granted lawful perma2 nent residence in the United States; 

3 ‘‘(iii) has been granted asylum or 

4 withholding of removal, or has been admit5 ted into the United States as a refugee; 

6 ‘‘(iv) has been granted temporary resi7 dence in the United States; 

8 ‘‘(v) has been paroled into the United 

9 States under section 212(d)(5) of the Im10 migration and Nationality Act (8 U.S.C. 

11 1182(d)(5)), subject to such exceptions as 

12 the Secretary, in the Secretary’s 

13 unreviewable discretion, may prescribe for 

14 aliens paroled into the United States for 

15 prosecution or other categories of paroled 

16 aliens; 

17 ‘‘(vi) is a lawful nonimmigrant in the 

18 United States; 

19 ‘‘(vii) has a pending application for 

20 asylum or withholding of removal and has 

21 been granted employment authorization; 

22 ‘‘(viii) has been granted temporary 

23 protected status in the United States or 

24 has a pending application for temporary 


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1 protective status and has been granted em2 ployment authorization; 

3 ‘‘(ix) has been granted deferred action 

4 status; 

5 ‘‘(x) has a pending application for ad6 justment of status to that of an alien law7 fully admitted for permanent residence in 

8 the United States or conditional perma9 nent resident status in the United States; 

10 ‘‘(xi) has otherwise been granted em11 ployment authorization in the United 

12 States; or 

13 ‘‘(xii) is otherwise an alien lawfully 

14 present in the United States, as deter15 mined by the Secretary in the Secretary’s 

16 unreviewable discretion. 

17 ‘‘(C) TEMPORARY DRIVER’S LICENSES AND

18 IDENTIFICATION CARDS.— 

19 ‘‘(i) IN GENERAL.—If a person pre20 sents evidence under any of clauses (iv) 

21 through (xii) of subparagraph (B), the 

22 State may only issue a temporary driver’s 

23 license or temporary identification card to 

24 the person that is valid for a time period 

25 ending not later than the expiration date 


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1 of the applicant’s authorized stay in the 

2 United States or, if there is no such expi3 ration date, for a period not to exceed 1 

4 year. The Secretary may, in the Sec5 retary’s unreviewable discretion, authorize 

6 the issuance of temporary driver’s licenses 

7 or temporary identification cards, for peri8 ods longer than 1 year, to employees of 

9 international organizations and to other 

10 nonimmigrant aliens who are authorized to 

11 remain in the United States for an indefi12 nite period. 

13 ‘‘(ii) DISPLAY OF EXPIRATION

14 DATE.—A temporary driver’s license or 

15 temporary identification card issued pursu16 ant to this subparagraph shall clearly state 

17 the date on which it expires. 

18 ‘‘(iii) RENEWAL.—A temporary driv19 er’s license or temporary identification 

20 card issued pursuant to this subparagraph 

21 may be renewed only upon verification of 

22 the applicant’s current lawful status. 

23 ‘‘(3) VALIDATION OF DOCUMENTS.—To meet 

24 the requirements of this section, a State— 


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1 ‘‘(A) shall not accept any foreign docu2 ment, other than an official passport, to satisfy 

3 a requirement of paragraph (1) or (2); and 

4 ‘‘(B) not later than 1 year after the date 

5 on which final regulations are issued to imple6 ment this subtitle, pursuant to section 5 of the 

7 PASS ID Act, shall enter into a memorandum 

8 of understanding with the Secretary to rou9 tinely utilize the automated system known as 

10 Systematic Alien Verification for Entitlements 

11 established under section 121 of the Immigra12 tion Reform and Control Act of 1986 (Public 

13 Law 99–603), to verify the legal presence sta14 tus of a person, other than a United States cit15 izen or national, who is applying for a driver’s 

16 license or identification card. 

17 ‘‘(d) OTHER REQUIREMENTS.—To meet the require18 ments of this section, a State shall adopt the following 

19 practices in the issuance of driver’s licenses and identifica20 tion cards: 

21 ‘‘(1)(A) Employ technology to capture digital 

22 images of identity source documents so that the im23 ages can be retained in electronic storage in a 

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1 cable driver’s license or identification card is valid; 

2 or 

3 ‘‘(B) retain paper copies of source documents 

4 for at least as long as the applicable driver’s license 

5 or identification card is valid. 

6 ‘‘(2) Subject each person who submits an appli7 cation for a driver’s license or identification card to 

8 mandatory facial image capture. 

9 ‘‘(3) Establish an effective procedure to confirm 

10 or verify a renewing applicant’s information. 

11 ‘‘(4) Confirm with the Social Security Adminis12 tration a social security account number presented 

13 by a person using the full social security account 

14 number. In the event that a social security account 

15 number is already registered to or associated with 

16 another person to which any State has issued a driv17 er’s license or identification card, the State may use 

18 any appropriate procedures to resolve nonmatches. 

19 ‘‘(5) Establish an effective procedure to confirm 

20 that a person submitting an application for a driv21 er’s license or identification card is terminating or 

22 has terminated any driver’s license or identification 

23 card issued pursuant to this section to such person 

24 by a State. 


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1 ‘‘(6) Provide for the physical security of loca2 tions where driver’s licenses and identification cards 

3 are produced and the security of document materials 

4 and papers from which driver’s licenses and identi5 fication cards are produced. 

6 ‘‘(7) Establish appropriate administrative and 

7 physical safeguards to protect the security, confiden8 tiality, and integrity of personally identifiable infor9 mation collected and maintained at locations at 

10 which driver’s licenses or identification documents 

11 are produced or stored, including— 

12 ‘‘(A) procedures to prevent the unauthor13 ized access to, or use of, personally identifiable 

14 information; 

15 ‘‘(B) public notice of security and privacy 

16 policies, including the use, storage, access to, 

17 and sharing of personally identifiable informa18 tion; 

19 ‘‘(C) the establishment of a process 

20 through which individuals may access, amend, 

21 and correct, as determined appropriate by the 

22 State, their own personally identifiable informa23 tion. 


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1 ‘‘(8) Subject all persons authorized to manufac2 ture or produce driver’s licenses and identification 

3 cards to appropriate security clearance requirements. 

4 ‘‘(9) Establish fraudulent document recognition 

5 and document validation training programs for ap6 propriate employees engaged in the issuance of driv7 er’s licenses and identification cards. 

8 ‘‘(10) Limit the period of validity of all driver’s 

9 licenses and identification cards that are not tem10 porary to a period that does not exceed 8 years. 

11 ‘‘(e) EXCEPTIONS PROCESS.— 

12 ‘‘(1) IN GENERAL.—States shall establish an 

13 exceptions process to reasonably accommodate per14 sons who, for extraordinary reasons beyond their 

15 control, are unable to present the necessary docu16 ments listed in subsection (c)(1). 

17 ‘‘(2) ALTERNATIVE DOCUMENTS.—Alternative 

18 documents accepted under an exceptions process es19 tablished pursuant to paragraph (1) may not be 

20 used to demonstrate lawful presence under sub21 section (c)(2) unless such documents establish that 

22 the person is a citizen or national of the United 

23 States. 

24 ‘‘(3) REPORT.—States shall include a report on 

25 the use of exceptions made under this subsection, 


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1 which shall not include any personally identifiable 

2 information, as a component of the certification re3 quired under subsection (a)(3). 

4 ‘‘(f) USE OF FEDERAL SYSTEMS.—States shall not 

5 be required to pay fees or other costs associated with the 

6 use of the automated systems known as Systematic Alien 

7 Verification for Entitlements and Social Security On-Line 

8 Verification, or any other Federal electronic system, in 

9 connection with the issuance of driver’s licenses or identi10 fication cards, in accordance with this subtitle. 

11 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to prohibit a State from issuing 

13 driver’s licenses and identification cards that do not com14 ply with the requirements of this section. 

15 ‘‘SEC. 243. USE OF FALSE DRIVER’S LICENSE AT AIRPORTS. 

16 ‘‘(a) IN GENERAL.—The Secretary shall enter, into 

17 the appropriate aviation security screening database, ap18 propriate information regarding any person convicted of 

19 using a false driver’s license at an airport. 

20 ‘‘(b) DEFINITIONS.—In this section: 

21 ‘‘(1) AIRPORT.—The term ‘airport’ has the 

22 meaning given such term under section 40102 of 

23 title 49, United States Code. 


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1 ‘‘(2) FALSE.—The term ‘false’ has the meaning 

2 given such term under section 1028(d) of title 18, 

3 United States Code. 

4 ‘‘SEC. 244. GRANTS TO STATES. 

5 ‘‘(a) ESTABLISHMENT.— 

6 ‘‘(1) IN GENERAL.—There is established a 

7 State Driver’s License Enhancement Grant Program 

8 to award grants to assist States in conforming to 

9 the minimum standards set forth in this subtitle. 

10 ‘‘(2) DISTRIBUTION OF GRANTS.—The Sec11 retary, through the Administrator of the Federal 

12 Emergency Management Agency, shall distribute 

13 grants awarded under this section to States that 

14 submit an application as follows: 

15 ‘‘(A) PROPORTIONAL ALLOCATION.—Not 

less than 2 16 ⁄3 of the amounts appropriated for 

17 grants under this section shall be allocated to 

18 each State in the ratio that— 

19 ‘‘(i) the number of driver’s licenses 

20 and identification cards issued by such 

21 State in the most recently ended calendar 

22 year; bears to 

23 ‘‘(ii) the number of driver’s licenses 

24 and identifications cards issued by all 


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1 States in the most recently ended calendar 

2 year. 

3 ‘‘(B) REMAINING ALLOCATION.—The Sec4 retary may allocate to States any amounts ap5 propriated for grants under this section that 

6 are not allocated under subparagraph (A) in 

7 such manner as, in the Secretary’s discretion, 

8 will most effectively assist in achieving the goals 

9 of this subtitle. 

10 ‘‘(C) MINIMUM ALLOCATION.—In allo11 cating funds under this section, the Secretary 

12 shall ensure that for each fiscal year— 

13 ‘‘(i) except as provided under clause 

14 (ii), each State receives not less than an 

15 amount equal to 0.35 percent of the total 

16 funds appropriated for grants under this 

17 section for that fiscal year; and 

18 ‘‘(ii) American Samoa, the Common19 wealth of the Northern Mariana Islands, 

20 Guam, and the Virgin Islands each receive 

21 not less than an amount equal to 0.08 per22 cent of the total funds appropriated for 

23 grants under this section for that fiscal 

24 year. 


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1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary, for 

3 each of the fiscal years 2010 through 2015, such sums 

4 as may be necessary to carry out this section. 

5 ‘‘SEC. 245. STATE-TO-STATE ONE DRIVER, ONE LICENSE 

6 DEMONSTRATION PROJECT. 

7 ‘‘(a) ESTABLISHMENT.—The Secretary, in consulta8 tion with the Secretary of Transportation, shall establish 

9 a State-to-State 1 driver, 1 license demonstration project. 

10 ‘‘(b) PURPOSE.—The demonstration project estab11 lished under this section shall include an evaluation of the 

12 feasibility of establishing an electronic system to verify 

13 that an applicant for a driver’s license or identification 

14 card issued in accordance with this subtitle does not retain 

15 a driver’s license or identification card issued in accord16 ance with this subtitle by another State. 

17 ‘‘(c) REQUIREMENTS.—The demonstration project 

18 shall include a review of— 

19 ‘‘(1) the costs affiliated with establishing and 

20 maintaining an electronic records system; 

21 ‘‘(2) the security and privacy measures nec22 essary to protect the integrity and physical security 

23 of driver’s licenses; and 

24 ‘‘(3) the appropriate governance structure to 

25 ensure effective management of the electronic 


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1 records system, including preventing the unauthor2 ized use of information in the system, and ensuring 

3 the security and confidentiality of personally identifi4 able information. 

5 ‘‘(d) SAVINGS PROVISION.—Nothing in this section 

6 may be construed to— 

7 ‘‘(1) authorize the creation of a national data8 base of driver’s license information; or 

9 ‘‘(2) authorize States direct access to the motor 

10 vehicle database of another State. 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary for 

13 each of the fiscal years 2010 through 2012 such sums as 

14 may be necessary to carry out this section. 

15 ‘‘SEC. 246. AUTHORITY. 

16 ‘‘(a) PARTICIPATION OF SECRETARY OF TRANSPOR17 TATION AND STATES.—All authority to issue regulations, 

18 set standards, and issue grants under this subtitle shall 

19 be carried out by the Secretary, in consultation with the 

20 Secretary of Transportation and the States. 

21 ‘‘(b) EXTENSIONS OF DEADLINES.—The Secretary 

22 may grant to a State an extension of time to meet the 

23 requirements of section 242(a)(1) if the State provides 

24 adequate justification for noncompliance. 


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1 ‘‘SEC. 247. LIMITATION ON STATUTORY CONSTRUCTION. 

2 ‘‘Nothing in this subtitle may be construed to— 

3 ‘‘(1) affect the authorities or responsibilities of 

4 the Secretary of Transportation or the States under 

5 chapter 303 of title 49, United States Code; or 

6 ‘‘(2) preempt State privacy laws that are more 

7 protective of personal privacy than the requirements 

8 of this subtitle or the standards or regulations pro9 mulgated to implement this subtitle, provided that 

10 such State laws are consistent with this subtitle and 

11 the regulations prescribed pursuant to this sub12 title.’’. 

13 (b) TECHNICAL AMENDMENT.—Section 1(b) of the 

14 Homeland Security Act of 2002 (Public Law 107–296) 

15 is amended by inserting after the item relating to section 

16 235 the following: 

‘‘Subtitle E—Improved Security for Driver’s Licenses and Personal 

Identification Cards 

‘‘Sec. 241. Definitions. 

‘‘Sec. 242. Minimum document requirements and issuance standards for Federal recognition. 

‘‘Sec. 243. Use of false driver’s license at airports. 

‘‘Sec. 244. Grants to States. 

‘‘Sec. 245. State-to-State one driver, one license demonstration project. 

‘‘Sec. 246. Authority. 

‘‘Sec. 247. Limitation on statutory construction.’’. 

17 SEC. 4. USE OF DRIVER’S LICENSE OR IDENTIFICATION 

18 CARD DATA BY PRIVATE ENTITIES. 

19 Chapter 123 of title 18, United States Code is 

20 amended— 


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1 (1) in section 2722, by adding at the end the 

2 following: 

3 ‘‘(c) COPYING INFORMATION FROM DRIVERS LI4 CENSES OR IDENTIFICATION CARDS.—It shall be unlawful 

5 for any person, knowingly and without lawful authority— 

6 ‘‘(1) to scan the information contained in the 

7 machine readable component of a driver’s license or 

8 identification card; or 

9 ‘‘(2)(A) to resell, share or trade that informa10 tion with any other third parties; 

11 ‘‘(B) track the use of a driver’s license or iden12 tification card; or 

13 ‘‘(C) store the information collected.’’; 

14 (2) in section 2724(a), by inserting ‘‘driver’s li15 cense, or identification card,’’ after ‘‘motor vehicle 

16 record,’’; 

17 (3) in section 2725— 

18 (A) by redesignating paragraph (2) as 

19 paragraph (6), and adding ‘‘and’’ at the end; 

20 (B) by redesignating paragraph (3) as 

21 paragraph (7); 

22 (C) by redesignating paragraph (4) as 

23 paragraph (3), and striking ‘‘and’’ at the end; 


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1 (D) by redesignating paragraph (5) as 

2 paragraph (2), and striking the period at the 

3 end and inserting a semicolon; 

4 (E) by redesignating paragraph (1) as 

5 paragraph (5); 

6 (F) by inserting before paragraph (2), as 

7 redesignated, the following: 

8 ‘‘(1) ‘driver’s license’ means a motor vehicle op9 erator’s license, as defined in section 30301 of title 

10 49, United States Code;’’; and 

11 (G) by inserting after paragraph (3), as re12 designated, the following: 

13 ‘‘(4) ‘identification card’ means a personal iden14 tification card, as defined in section 1028(d) of title 

15 18, United States Code, issued by a State.’’. 

16 SEC. 5. RULEMAKING. 

17 (a) IN GENERAL.—Not later than 9 months after the 

18 date of the enactment of this Act, the Secretary, after pro19 viding notice and an opportunity for public comment shall 

20 issue final regulations to implement subtitle E of title II 

21 of the Homeland Security Act of 2002, as added by section 

22 3. 

23 (b) CONTENT.—The regulations issued pursuant to 

24 subsection (a)— 


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1 (1) shall include procedures and requirements 

2 that— 

3 (A) protect the privacy rights of individ4 uals who apply for and hold a driver’s license 

5 or personal identification card; 

6 (B) protect the constitutional rights and 

7 civil liberties of individuals who apply for and 

8 hold a driver’s licenses or personal identification 

9 card; 

10 (2) shall include procedures to protect any per11 sonally identifiable information electronically trans12 mitted; 

13 (3) shall establish a process through which indi14 viduals may access, amend, and correct, as deter15 mined appropriate by the Secretary, their own per16 sonally identifiable information in any Federal data17 bases used in complying with this Act; 

18 (4) may not require a single design or num19 bering system to which driver’s licenses or personal 

20 identification cards issued by all States shall con21 form; and 

22 (5) shall only apply to driver’s licenses or iden23 tification cards issued pursuant to subtitle E of title 

24 II of the Homeland Security Act of 2002, as added 

25 by section 3. 


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1 SEC. 6. SAVINGS PROVISION. 

2 (a) EFFECT OF REPEAL.—Nothing in section 2 shall 

3 affect the amendment or the repeal set forth in sections 

4 203(a) and 206 of the REAL ID Act of 2005. 

5 (b) EFFECT OF COMPLETED ADMINISTRATIVE AC6 TIONS.—Completed personnel actions, agreements, grants, 

7 and contracts undertaken by an agency— 

8 (1) shall not be affected by any provision of this 

9 Act, or any amendment made by this Act; and 

10 (2) shall continue in effect according to their 

11 terms until amended, modified, superseded, termi12 nated, set aside, or revoked by an officer of the 

13 United States, by a court of competent jurisdiction, 

14 or by operation of law. 

Æ 


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