II 

Calendar No. 217 

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, Mr. CARPER, Mr. ALEXANDER, Mr. BURRIS, and Mr. LIEBERMAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Homeland Security and Governmental Affairs 

NOVERMBER 19, 2009 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 


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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 ‘‘Providing for Addi5 tional Security in States’ Identification Act of 2009’’ or 

6 the ‘‘PASS ID Act’’. 

7 SEC. 2. REPEAL. 

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

9 of Public Law 109–13) is repealed. 

10 SEC. 3. IDENTIFICATION SECURITY. 

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

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

13 at the end the following: 

14 ‘‘Subtitle E—Improved Security for 

15 Driver’s Licenses and Personal 

16 Identification Cards 

17 ‘‘SEC. 241. DEFINITIONS. 

18 ‘‘In this subtitle: 

19 ‘‘(1) DRIVER’S LICENSE.—The term ‘driver’s li20 cense’ means a motor vehicle operator’s license, as 

21 defined in section 30301 of title 49, United States 

22 Code. 

23 ‘‘(2) IDENTIFICATION CARD.—The term ‘identi24 fication card’ means a personal identification card, 


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

2 States Code, issued by a State. 

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

4 ‘materially compliant’ if the State has certified to 

5 the Secretary that the State has commenced issuing 

6 driver’s licenses and identification cards that are 

7 compliant with the requirements of this subtitle. 

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

9 purpose’ means— 

10 ‘‘(A) accessing Federal facilities that con11 tain mission functions critical to homeland se12 curity, national security, or defense; 

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

14 ‘‘(C) boarding federally regulated commer15 cial aircraft. 

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

17 the Secretary of Homeland Security. 

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

19 of the United States, the District of Columbia, Puer20 to Rico, the Virgin Islands, Guam, American Samoa, 

21 and the Commonwealth of the Northern Mariana Is22 lands. 


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1 ‘‘SEC. 242. MINIMUM DOCUMENT REQUIREMENTS AND 

2 ISSUANCE STANDARDS FOR FEDERAL REC3 OGNITION. 

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

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

6 date on which final regulations are issued to imple7 ment this subtitle, pursuant to section 5 of the 

8 PASS ID Act— 

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

10 any official purpose, a driver’s license or identi11 fication card issued by a State to any person 

12 unless the State is materially compliant; and 

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

14 commercial aircraft solely on the basis of failure 

15 to present a driver’s license or identification 

16 card issued pursuant to this subtitle. 

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

18 after the date on which final regulations are issued 

19 to implement this subtitle, pursuant to section 5 of 

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

21 for any official purpose, a driver’s license or identi22 fication card unless the license or card complies with 

23 subsection (b). 

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

25 shall determine whether a State is meeting the re26 quirements of this section based on certifications 


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1 made by the State to the Secretary. Such certifi2 cations shall be made at such times and in such 

3 manner as the Secretary, in consultation with the 

4 Secretary of Transportation, may prescribe by regu5 lation. 

6 ‘‘(4) CERTIFICATION OF OTHER IDENTIFICA7 TION DOCUMENTS.—The Secretary may certify any 

8 driver’s license or identification card, including an 

9 Enhanced Driver’s License designated by the Sec10 retary under section 7209 of the 9/11 Commission 

11 Implementation Act of 2004, as compliant with the 

12 requirements of this subtitle if the Secretary, after 

13 review, determines such license or card meets the re14 quirements of this subtitle. 

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

16 meet the requirements of this section, a State shall in17 clude, at a minimum, the following information and fea18 tures on each driver’s license and identification card 

19 issued to a person by the State: 

20 ‘‘(1) The person’s legal name. 

21 ‘‘(2) The person’s date of birth. 

22 ‘‘(3) The person’s gender. 

23 ‘‘(4) The person’s driver’s license or identifica24 tion card number. 

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


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1 ‘‘(6) The person’s address of principal resi2 dence, except— 

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

4 the Violence Against Women Act (Public Law 

5 109–162); or 

6 ‘‘(B) for any individual who a State deter7 mines should be exempted from the requirement 

8 under this paragraph to protect the safety or 

9 security of the applicant. 

10 ‘‘(7) The person’s signature. 

11 ‘‘(8) A combination of security features de12 signed to protect the physical integrity of the docu13 ment, including the prevention of tampering, coun14 terfeiting, or duplication of the document for fraudu15 lent purposes. 

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

17 containing the data elements available on the face of 

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

19 social security number may not be included in these 

20 data elements. 

21 ‘‘(10) A unique symbol designated by the Sec22 retary to indicate compliance with the requirements 

23 under this section. 

24 ‘‘(c) MINIMUM ISSUANCE STANDARDS.— 


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

2 of this section, for all driver’s licenses and identifica3 tion cards issued under this subtitle at least 1 year 

4 after the date on which final regulations are issued 

5 to implement this subtitle, pursuant to section 5 of 

6 the PASS ID Act, a State shall require, at a min7 imum, presentation and validation of the following 

8 information before issuing a driver’s license or iden9 tification card to a person: 

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

11 that a non-photo identity document is accept12 able if it includes both the person’s full name 

13 and date of birth. 

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

15 date of birth. 

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

17 account number or verification that the person 

18 is not eligible for a social security account num19 ber. 

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

21 name and address of principal residence. 

22 ‘‘(2) SPECIAL REQUIREMENTS.— 

23 ‘‘(A) IN GENERAL.—To meet the require24 ments of this section, a State shall comply with 

25 the minimum standards of this paragraph. 


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1 ‘‘(B) EVIDENCE OF LAWFUL STATUS.—Be2 fore issuing a driver’s license or identification 

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

4 person— 

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

6 United States; 

7 ‘‘(ii) has been granted lawful perma8 nent residence in the United States; 

9 ‘‘(iii) has been granted asylum or 

10 withholding of removal, or has been admit11 ted into the United States as a refugee; 

12 ‘‘(iv) has been granted temporary resi13 dence in the United States; 

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

15 States under section 212(d)(5) of the Im16 migration and Nationality Act (8 U.S.C. 

17 1182(d)(5)), subject to such exceptions as 

18 the Secretary, in the Secretary’s 

19 unreviewable discretion, may prescribe for 

20 aliens paroled into the United States for 

21 prosecution or other categories of paroled 

22 aliens; 

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

24 United States; 


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1 ‘‘(vii) has a pending application for 

2 asylum or withholding of removal and has 

3 been granted employment authorization; 

4 ‘‘(viii) has been granted temporary 

5 protected status in the United States or 

6 has a pending application for temporary 

7 protective status and has been granted em8 ployment authorization; 

9 ‘‘(ix) has been granted deferred action 

10 status; 

11 ‘‘(x) has a pending application for ad12 justment of status to that of an alien law13 fully admitted for permanent residence in 

14 the United States or conditional perma15 nent resident status in the United States; 

16 ‘‘(xi) has otherwise been granted em17 ployment authorization in the United 

18 States; or 

19 ‘‘(xii) is otherwise an alien lawfully 

20 present in the United States, as deter21 mined by the Secretary in the Secretary’s 

22 unreviewable discretion. 

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

24 IDENTIFICATION CARDS.— 


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1 ‘‘(i) IN GENERAL.—If a person pre2 sents evidence under any of clauses (iv) 

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

4 State may only issue a temporary driver’s 

5 license or temporary identification card to 

6 the person that is valid for a time period 

7 ending not later than the expiration date 

8 of the applicant’s authorized stay in the 

9 United States or, if there is no such expi10 ration date, for a period not to exceed 1 

11 year. The Secretary may, in the Sec12 retary’s unreviewable discretion, authorize 

13 the issuance of temporary driver’s licenses 

14 or temporary identification cards, for peri15 ods longer than 1 year, to employees of 

16 international organizations and to other 

17 nonimmigrant aliens who are authorized to 

18 remain in the United States for an indefi19 nite period. 

20 ‘‘(ii) DISPLAY OF EXPIRATION

21 DATE.—A temporary driver’s license or 

22 temporary identification card issued pursu23 ant to this subparagraph shall clearly state 

24 the date on which it expires. 


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1 ‘‘(iii) RENEWAL.—A temporary driv2 er’s license or temporary identification 

3 card issued pursuant to this subparagraph 

4 may be renewed only upon verification of 

5 the applicant’s current lawful status. 

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

7 the requirements of this section, a State— 

8 ‘‘(A) shall not accept any foreign docu9 ment, other than an official passport, to satisfy 

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

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

12 on which final regulations are issued to imple13 ment this subtitle, pursuant to section 5 of the 

14 PASS ID Act, shall enter into a memorandum 

15 of understanding with the Secretary to rou16 tinely utilize the automated system known as 

17 Systematic Alien Verification for Entitlements 

18 established under section 121 of the Immigra19 tion Reform and Control Act of 1986 (Public 

20 Law 99–603), to verify the legal presence sta21 tus of a person, other than a United States cit22 izen or national, who is applying for a driver’s 

23 license or identification card. 

24 ‘‘(d) OTHER REQUIREMENTS.—To meet the require25 ments of this section, a State shall adopt the following 


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1 practices in the issuance of driver’s licenses and identifica2 tion cards: 

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

4 images of identity source documents so that the im5 ages can be retained in electronic storage in a 

6 transferrable format for at least as long as the appli7 cable driver’s license or identification card is valid; 

8 or 

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

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

11 or identification card is valid. 

12 ‘‘(2) Subject each person who submits an appli13 cation for a driver’s license or identification card to 

14 mandatory facial image capture. 

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

16 or verify a renewing applicant’s information. 

17 ‘‘(4) Confirm with the Social Security Adminis18 tration a social security account number presented 

19 by a person using the full social security account 

20 number. In the event that a social security account 

21 number is already registered to or associated with 

22 another person to which any State has issued a driv23 er’s license or identification card, the State may use 

24 any appropriate procedures to resolve nonmatches. 


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

2 that a person submitting an application for a driv3 er’s license or identification card is terminating or 

4 has terminated any driver’s license or identification 

5 card issued pursuant to this section to such person 

6 by a State. 

7 ‘‘(6) Provide for the physical security of loca8 tions where driver’s licenses and identification cards 

9 are produced and the security of document materials 

10 and papers from which driver’s licenses and identi11 fication cards are produced. 

12 ‘‘(7) Establish appropriate administrative and 

13 physical safeguards to protect the security, confiden14 tiality, and integrity of personally identifiable infor15 mation collected and maintained at locations at 

16 which driver’s licenses or identification documents 

17 are produced or stored, including— 

18 ‘‘(A) procedures to prevent the unauthor19 ized access to, or use of, personally identifiable 

20 information; 

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

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

23 and sharing of personally identifiable informa24 tion; 


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1 ‘‘(C) the establishment of a process 

2 through which individuals may access, amend, 

3 and correct, as determined appropriate by the 

4 State, their own personally identifiable informa5 tion. 

6 ‘‘(8) Subject all persons authorized to manufac7 ture or produce driver’s licenses and identification 

8 cards to appropriate security clearance requirements. 

9 ‘‘(9) Establish fraudulent document recognition 

10 and document validation training programs for ap11 propriate employees engaged in the issuance of driv12 er’s licenses and identification cards. 

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

14 licenses and identification cards that are not tem15 porary to a period that does not exceed 8 years. 

16 ‘‘(e) EXCEPTIONS PROCESS.— 

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

18 exceptions process to reasonably accommodate per19 sons who, for extraordinary reasons beyond their 

20 control, are unable to present the necessary docu21 ments listed in subsection (c)(1). 

22 ‘‘(2) ALTERNATIVE DOCUMENTS.—Alternative 

23 documents accepted under an exceptions process es24 tablished pursuant to paragraph (1) may not be 

25 used to demonstrate lawful presence under subVerDate Nov 24 2008 00:07 Nov 20, 2009 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\S1261.RS S1261

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1 section (c)(2) unless such documents establish that 

2 the person is a citizen or national of the United 

3 States. 

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

5 the use of exceptions made under this subsection, 

6 which shall not include any personally identifiable 

7 information, as a component of the certification re8 quired under subsection (a)(3). 

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

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

11 use of the automated systems known as Systematic Alien 

12 Verification for Entitlements and Social Security On-Line 

13 Verification, or any other Federal electronic system, in 

14 connection with the issuance of driver’s licenses or identi15 fication cards, in accordance with this subtitle. 

16 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to prohibit a State from issuing 

18 driver’s licenses and identification cards that do not com19 ply with the requirements of this section. 

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

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

22 the appropriate aviation security screening database, ap23 propriate information regarding any person convicted of 

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

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


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

2 meaning given such term under section 40102 of 

3 title 49, United States Code. 

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

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

6 United States Code. 

7 ‘‘SEC. 244. GRANTS TO STATES. 

8 ‘‘(a) ESTABLISHMENT.— 

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

10 State Driver’s License Enhancement Grant Program 

11 to award grants to assist States in conforming to 

12 the minimum standards set forth in this subtitle. 

13 ‘‘(2) DISTRIBUTION OF GRANTS.—The Sec14 retary, through the Administrator of the Federal 

15 Emergency Management Agency, shall distribute 

16 grants awarded under this section to States that 

17 submit an application as follows: 

18 ‘‘(A) PROPORTIONAL ALLOCATION.—Not 

less than 2 19 ⁄3 of the amounts appropriated for 

20 grants under this section shall be allocated to 

21 each State in the ratio that— 

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

23 and identification cards issued by such 

24 State in the most recently ended calendar 

25 year; bears to 


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

2 and identifications cards issued by all 

3 States in the most recently ended calendar 

4 year. 

5 ‘‘(B) REMAINING ALLOCATION.—The Sec6 retary may allocate to States any amounts ap7 propriated for grants under this section that 

8 are not allocated under subparagraph (A) in 

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

10 will most effectively assist in achieving the goals 

11 of this subtitle. 

12 ‘‘(C) MINIMUM ALLOCATION.—In allo13 cating funds under this section, the Secretary 

14 shall ensure that for each fiscal year— 

15 ‘‘(i) except as provided under clause 

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

17 amount equal to 0.35 percent of the total 

18 funds appropriated for grants under this 

19 section for that fiscal year; and 

20 ‘‘(ii) American Samoa, the Common21 wealth of the Northern Mariana Islands, 

22 Guam, and the Virgin Islands each receive 

23 not less than an amount equal to 0.08 per24 cent of the total funds appropriated for 


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1 grants under this section for that fiscal 

2 year. 

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

4 are authorized to be appropriated to the Secretary, for 

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

6 as may be necessary to carry out this section. 

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

8 DEMONSTRATION PROJECT. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary, in consulta10 tion with the Secretary of Transportation, shall establish 

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

12 ‘‘(b) PURPOSE.—The demonstration project estab13 lished under this section shall include an evaluation of the 

14 feasibility of establishing an electronic system to verify 

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

16 card issued in accordance with this subtitle does not retain 

17 a driver’s license or identification card issued in accord18 ance with this subtitle by another State. 

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

20 shall include a review of— 

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

22 maintaining an electronic records system; 

23 ‘‘(2) the security and privacy measures nec24 essary to protect the integrity and physical security 

25 of driver’s licenses; and 


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1 ‘‘(3) the appropriate governance structure to 

2 ensure effective management of the electronic 

3 records system, including preventing the unauthor4 ized use of information in the system, and ensuring 

5 the security and confidentiality of personally identifi6 able information. 

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

8 may be construed to— 

9 ‘‘(1) authorize the creation of a national data10 base of driver’s license information; or 

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

12 vehicle database of another State. 

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

14 are authorized to be appropriated to the Secretary for 

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

16 may be necessary to carry out this section. 

17 ‘‘SEC. 246. AUTHORITY. 

18 ‘‘(a) PARTICIPATION OF SECRETARY OF TRANSPOR19 TATION AND STATES.—All authority to issue regulations, 

20 set standards, and issue grants under this subtitle shall 

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

22 Secretary of Transportation and the States. 

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

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


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

2 adequate justification for noncompliance. 

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

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

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

6 the Secretary of Transportation or the States under 

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

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

9 protective of personal privacy than the requirements 

10 of this subtitle or the standards or regulations pro11 mulgated to implement this subtitle, provided that 

12 such State laws are consistent with this subtitle and 

13 the regulations prescribed pursuant to this sub14 title.’’. 

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

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

17 is amended by inserting after the item relating to section 

18 235 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.’’. 


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

2 CARD DATA BY PRIVATE ENTITIES. 

3 Chapter 123 of title 18, United States Code is 

4 amended— 

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

6 following: 

7 ‘‘(c) COPYING INFORMATION FROM DRIVERS LI8 CENSES OR IDENTIFICATION CARDS.—It shall be unlawful 

9 for any person, knowingly and without lawful authority— 

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

11 machine readable component of a driver’s license or 

12 identification card; or 

13 ‘‘(2)(A) to resell, share or trade that informa14 tion with any other third parties; 

15 ‘‘(B) track the use of a driver’s license or iden16 tification card; or 

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

18 (2) in section 2724(a), by inserting ‘‘driver’s li19 cense, or identification card,’’ after ‘‘motor vehicle 

20 record,’’; 

21 (3) in section 2725— 

22 (A) by redesignating paragraph (2) as 

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

24 (B) by redesignating paragraph (3) as 

25 paragraph (7); 


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1 (C) by redesignating paragraph (4) as 

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

3 (D) by redesignating paragraph (5) as 

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

5 end and inserting a semicolon; 

6 (E) by redesignating paragraph (1) as 

7 paragraph (5); 

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

9 redesignated, the following: 

10 ‘‘(1) ‘driver’s license’ means a motor vehicle op11 erator’s license, as defined in section 30301 of title 

12 49, United States Code;’’; and 

13 (G) by inserting after paragraph (3), as re14 designated, the following: 

15 ‘‘(4) ‘identification card’ means a personal iden16 tification card, as defined in section 1028(d) of title 

17 18, United States Code, issued by a State.’’. 

18 SEC. 5. RULEMAKING. 

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

20 date of the enactment of this Act, the Secretary, after pro21 viding notice and an opportunity for public comment shall 

22 issue final regulations to implement subtitle E of title II 

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

24 3. 


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

2 subsection (a)— 

3 (1) shall include procedures and requirements 

4 that— 

5 (A) protect the privacy rights of individ6 uals who apply for and hold a driver’s license 

7 or personal identification card; 

8 (B) protect the constitutional rights and 

9 civil liberties of individuals who apply for and 

10 hold a driver’s licenses or personal identification 

11 card; 

12 (2) shall include procedures to protect any per13 sonally identifiable information electronically trans14 mitted; 

15 (3) shall establish a process through which indi16 viduals may access, amend, and correct, as deter17 mined appropriate by the Secretary, their own per18 sonally identifiable information in any Federal data19 bases used in complying with this Act; 

20 (4) may not require a single design or num21 bering system to which driver’s licenses or personal 

22 identification cards issued by all States shall con23 form; and 

24 (5) shall only apply to driver’s licenses or iden25 tification cards issued pursuant to subtitle E of title 


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

2 by section 3. 

3 SEC. 6. SAVINGS PROVISION. 

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

5 affect the amendment or the repeal set forth in sections 

6 203(a) and 206 of the REAL ID Act of 2005. 

7 (b) EFFECT OF COMPLETED ADMINISTRATIVE AC8 TIONS.—Completed personnel actions, agreements, grants, 

9 and contracts undertaken by an agency— 

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

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

12 (2) shall continue in effect according to their 

13 terms until amended, modified, superseded, termi14 nated, set aside, or revoked by an officer of the 

15 United States, by a court of competent jurisdiction, 

16 or by operation of law. 

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘Providing for Additional 

19 Security in States’ Identification Act of 2009’’ or the 

20 ‘‘PASS ID Act’’. 

21 SEC. 2. REPEAL. 

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

23 Public Law 109–13) is repealed. 


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1 SEC. 3. IDENTIFICATION SECURITY. 

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

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

4 at the end the following: 

5 ‘‘Subtitle E—Improved Security for 

6 Driver’s Licenses and Personal 

7 Identification Cards 

8 ‘‘SEC. 241. DEFINITIONS. 

9 ‘‘In this subtitle: 

10 ‘‘(1) DRIVER’S LICENSE.—The term ‘driver’s li11 cense’ means a motor vehicle operator’s license, as de12 fined in section 30301 of title 49, United States Code. 

13 ‘‘(2) IDENTIFICATION CARD.—The term ‘identi14 fication card’ means a personal identification card, 

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

16 States Code, issued by a State. 

17 ‘‘(3) MATERIALLY COMPLIANT.—A State is ‘ma18 terially compliant’ if the State has certified to the 

19 Secretary that the State has commenced issuing driv20 er’s licenses and identification cards that are compli21 ant with the requirements of this subtitle. 

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

23 purpose’ means— 

24 ‘‘(A) accessing Federal facilities that con25 tain mission functions critical to homeland secu26 rity, national security, or defense; 


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

2 ‘‘(C) boarding federally regulated commer3 cial aircraft. 

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

5 the Secretary of Homeland Security. 

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

7 the United States, the District of Columbia, Puerto 

8 Rico, the Virgin Islands, Guam, American Samoa, 

9 and the Commonwealth of the Northern Mariana Is10 lands. 

11 ‘‘SEC. 242. MINIMUM DOCUMENT REQUIREMENTS AND 

12 ISSUANCE STANDARDS FOR FEDERAL REC13 OGNITION. 

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

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

16 date on which final regulations are issued to imple17 ment this subtitle, pursuant to section 5 of the PASS 

18 ID Act, a Federal agency may not accept, for any of19 ficial purpose, a driver’s license or identification card 

20 issued by a State to any person unless the State is 

21 materially compliant. 

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

23 after the date on which final regulations are issued to 

24 implement this subtitle, pursuant to section 5 of the 

25 PASS ID Act, a Federal agency may not accept, for 


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1 any official purpose, a driver’s license or identifica2 tion card unless the license or card complies with sub3 section (b). 

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

5 shall determine whether a State is meeting the re6 quirements of this section based on certifications 

7 made by the State to the Secretary. Such certifi8 cations shall be made at such times and in such man9 ner as the Secretary, in consultation with the Sec10 retary of Transportation, may prescribe by regula11 tion. 

12 ‘‘(4) CERTIFICATION OF OTHER IDENTIFICATION

13 DOCUMENTS.—The Secretary may certify any driver’s 

14 license or identification card, including an Enhanced 

15 Driver’s License designated by the Secretary under 

16 section 7209 of the 9/11 Commission Implementation 

17 Act of 2004, as compliant with the requirements of 

18 this subtitle if the Secretary, after review, determines 

19 such license or card meets the requirements of this 

20 subtitle. 

21 ‘‘(5) PERMISSION TO BOARD AIRCRAFT.—Any 

22 person not presenting a driver’s license or identifica23 tion card issued pursuant to this subtitle may be per24 mitted to board a commercial aircraft or denied per25 mission to board such aircraft at the unreviewable 


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1 discretion of the Secretary or his or her designated se2 curity official. 

3 ‘‘(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet 

4 the requirements of this section, a State shall include, at 

5 a minimum, the following information and features on each 

6 driver’s license and identification card issued to a person 

7 by the State: 

8 ‘‘(1) The person’s legal name. 

9 ‘‘(2) The person’s date of birth. 

10 ‘‘(3) The person’s gender. 

11 ‘‘(4) The person’s driver’s license or identifica12 tion card number. 

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

14 ‘‘(6) The person’s address of principal residence, 

15 except— 

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

17 the Violence Against Women Act (Public Law 

18 109–162); or 

19 ‘‘(B) for any individual who a State deter20 mines should be exempted from the requirement 

21 under this paragraph to protect the safety or se22 curity of the applicant. 

23 ‘‘(7) The person’s signature. 

24 ‘‘(8) A combination of security features designed 

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1 cluding the prevention of tampering, counterfeiting, 

2 or duplication of the document for fraudulent pur3 poses. 

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

5 containing the data elements available on the face of 

6 a driver’s license or identification card. A person’s so7 cial security number may not be included in these 

8 data elements. 

9 ‘‘(10) A unique symbol designated by the Sec10 retary to indicate compliance with the requirements 

11 under this section. 

12 ‘‘(c) MINIMUM ISSUANCE STANDARDS.— 

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

14 this section, for all driver’s licenses and identification 

15 cards issued under this subtitle at least 1 year after 

16 the date on which final regulations are issued to im17 plement this subtitle, pursuant to section 5 of the 

18 PASS ID Act, a State shall require, at a minimum, 

19 presentation and validation of the following informa20 tion before issuing a driver’s license or identification 

21 card to a person: 

22 ‘‘(A) A photo identity document, except that 

23 a non-photo identity document is acceptable if it 

24 includes both the person’s full name and date of 

25 birth. 


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

2 date of birth. 

3 ‘‘(C) Proof of the person’s social security ac4 count number or verification that the person is 

5 not eligible for a social security account number. 

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

7 name and address of principal residence. 

8 ‘‘(2) SPECIAL REQUIREMENTS.— 

9 ‘‘(A) IN GENERAL.—To meet the require10 ments of this section, a State shall comply with 

11 the minimum standards of this paragraph. 

12 ‘‘(B) CITIZENSHIP AND IMMIGRATION

13 VERIFICATION.—Before issuing a driver’s license 

14 or identification card to a person, a State shall 

15 verify that the person— 

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

17 United States; 

18 ‘‘(ii) is an alien lawfully admitted for 

19 permanent residence in the United States; 

20 ‘‘(iii) has an approved application for 

21 asylum or withholding of removal in the 

22 United States, or is an alien admitted to 

23 the United States as a refugee; 

24 ‘‘(iv) is an alien granted temporary 

25 residence in the United States; 


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1 ‘‘(v) is an alien paroled into the 

2 United States under section 212(d)(5) of the 

3 Immigration and Nationality Act (8 U.S.C. 

4 1182(d)(5)), subject to such exceptions as 

5 the Secretary, in the Secretary’s 

6 unreviewable discretion, may prescribe for 

7 aliens paroled into the United States for 

8 prosecution or other categories of paroled 

9 aliens; 

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

11 United States; 

12 ‘‘(vii) has a pending application for 

13 asylum or withholding of removal in the 

14 United States and has been granted employ15 ment authorization; 

16 ‘‘(viii) has temporary protected status 

17 in the United States or has a pending ap18 plication for temporary protected status 

19 and has been granted employment author20 ization; 

21 ‘‘(ix) has deferred action in the United 

22 States; 

23 ‘‘(x) has a pending application for ad24 justment of status to that of an alien law25 fully admitted for permanent residence in 


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1 the United States or conditional permanent 

2 resident status in the United States; 

3 ‘‘(xi) is otherwise authorized to be em4 ployed in the United States; or 

5 ‘‘(xii) is otherwise an alien lawfully 

6 present in the United States, as determined 

7 by the Secretary in the Secretary’s 

8 unreviewable discretion. 

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

10 IDENTIFICATION CARDS.— 

11 ‘‘(i) IN GENERAL.—If a person pre12 sents evidence under any of clauses (iv) 

13 through (xii) of subparagraph (B), the State 

14 may only issue a temporary driver’s license 

15 or temporary identification card to the per16 son that is valid for a time period ending 

17 not later than the expiration date of the ap18 plicant’s authorized stay in the United 

19 States or, if there is no such expiration 

20 date, for a period not to exceed 1 year. The 

21 Secretary may, in the Secretary’s 

22 unreviewable discretion, authorize the 

23 issuance of temporary driver’s licenses or 

24 temporary identification cards, for periods 

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1 national organizations and to other non2 immigrant aliens who are authorized to re3 main in the United States for an indefinite 

4 period. 

5 ‘‘(ii) DISPLAY OF EXPIRATION DATE.— 

6 A temporary driver’s license or temporary 

7 identification card issued pursuant to this 

8 subparagraph shall clearly state the date on 

9 which it expires. 

10 ‘‘(iii) RENEWAL.—A temporary driv11 er’s license or temporary identification card 

12 issued pursuant to this subparagraph may 

13 be renewed only upon verification of the ap14 plicant’s current lawful status. 

15 ‘‘(3) VALIDATION OF DOCUMENTS.—To meet the 

16 requirements of this section, a State— 

17 ‘‘(A) shall not accept any foreign document, 

18 other than a valid, unexpired passport, to satisfy 

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

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

21 which final regulations are issued to implement 

22 this subtitle, pursuant to section 5 of the PASS 

23 ID Act, shall enter into a memorandum of un24 derstanding with the Secretary to routinely uti25 lize the automated system known as Systematic 


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1 Alien Verification for Entitlements established 

2 under section 121 of the Immigration Reform 

3 and Control Act of 1986 (Public Law 99–603), 

4 to verify the lawful presence of a person, other 

5 than a United States citizen or national, who is 

6 applying for a driver’s license or identification 

7 card. 

8 ‘‘(d) OTHER REQUIREMENTS.—To meet the require9 ments of this section, a State shall adopt the following prac10 tices in the issuance of driver’s licenses and identification 

11 cards: 

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

13 images of identity source documents so that the im14 ages can be retained in electronic storage in a 

15 transferrable format for at least as long as the appli16 cable driver’s license or identification card is valid; 

17 or 

18 ‘‘(B) retain paper copies of source documents for 

19 at least as long as the applicable driver’s license or 

20 identification card is valid. 

21 ‘‘(2) Subject each person who submits an appli22 cation for a driver’s license or identification card to 

23 mandatory facial image capture. 

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

25 or verify a renewing applicant’s information. 


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1 ‘‘(4) Confirm with the Social Security Adminis2 tration a social security account number presented by 

3 a person using the full social security account num4 ber. In the event that a social security account num5 ber is already registered to or associated with another 

6 person to which any State has issued a driver’s li7 cense or identification card, the State may use any 

8 appropriate procedures to resolve nonmatches. 

9 ‘‘(5) Beginning not later than 6 years after the 

10 day on which final regulations are issued to imple11 ment this subtitle, confirm, with the State of record, 

12 date of birth information presented by a person to 

13 meet the requirements under subsection (c)(1) after 

14 the Secretary has determined that— 

15 ‘‘(A) an electronic system exists and is ade16 quately deployed to allow States to receive reli17 able and real-time verification of date of birth 

18 information from issuing States; and 

19 ‘‘(B) the electronic system includes security 

20 and privacy measures necessary to protect the se21 curity, confidentiality, and integrity of person22 ally identifiable information. 

23 ‘‘(6) Establish an effective procedure to confirm 

24 that a person submitting an application for a driver’s 

25 license or identification card is terminating or has 


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1 terminated any driver’s license or identification card 

2 issued pursuant to this section to such person by a 

3 State. 

4 ‘‘(7) Provide for the physical security of loca5 tions where driver’s licenses and identification cards 

6 are produced and the security of document materials 

7 and papers from which driver’s licenses and identi8 fication cards are produced. 

9 ‘‘(8) Establish appropriate administrative and 

10 physical safeguards to protect the security, confiden11 tiality, and integrity of personally identifiable infor12 mation collected and maintained at locations at 

13 which driver’s licenses or identification documents are 

14 produced or stored, including— 

15 ‘‘(A) procedures to prevent the unauthorized 

16 access to, or use of, personally identifiable infor17 mation; 

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

19 policies, including the use, storage, access to, and 

20 sharing of personally identifiable information; 

21 ‘‘(C) the establishment of a process through 

22 which individuals may access, amend, and cor23 rect, as determined appropriate by the State, 

24 their own personally identifiable information. 


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

3 cards to appropriate background check requirements. 

4 ‘‘(10) 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 ‘‘(11) 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) ASSESSMENTS.—The Secretary shall regularly as12 sess, not less frequently than annually, whether an elec13 tronic system— 

14 ‘‘(1) exists and is adequately deployed to allow 

15 States to receive reliable and real-time verification of 

16 date of birth information from issuing States; and 

17 ‘‘(2) includes security and privacy measures nec18 essary to protect the security, confidentiality, and in19 tegrity of personally identifiable information. 

20 ‘‘(f) EXCEPTIONS PROCESS.— 

21 ‘‘(1) IN GENERAL.—States shall establish an ex22 ceptions process to reasonably accommodate persons 

23 who, for extraordinary reasons beyond their control, 

24 are unable to present the necessary documents listed 

25 in subsection (c)(1). 


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1 ‘‘(2) ALTERNATIVE DOCUMENTS.—Alternative 

2 documents accepted under an exceptions process estab3 lished pursuant to paragraph (1) may not be used to 

4 demonstrate lawful presence under subsection (c)(2) 

5 unless such documents establish that the person is a 

6 citizen or national of the United States. 

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

8 the use of exceptions made under this subsection, 

9 which shall not include any personally identifiable 

10 information, as a component of the certification re11 quired under subsection (a)(3). 

12 ‘‘(g) USE OF FEDERAL SYSTEMS.—States shall not be 

13 required to pay fees or other costs associated with the use 

14 of the automated systems known as Systematic Alien 

15 Verification for Entitlements and Social Security On-Line 

16 Verification, or any other Federal electronic system, in con17 nection with the issuance of driver’s licenses or identifica18 tion cards, in accordance with this subtitle. 

19 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to prohibit a State from issuing 

21 driver’s licenses and identification cards that do not comply 

22 with the requirements of this section. 

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

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

25 appropriate aviation security screening database, approVerDate Nov 24 2008 00:07 Nov 20, 2009 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\S1261.RS S1261

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1 priate information regarding any person convicted of using 

2 a false driver’s license at an airport. 

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

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

5 meaning given such term under section 40102 of title 

6 49, United States Code. 

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

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

9 United States Code. 

10 ‘‘SEC. 244. GRANTS TO STATES. 

11 ‘‘(a) STATE DRIVER’S LICENSE ENHANCEMENT GRANT

12 PROGRAM.— 

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

14 Driver’s License Enhancement Grant Program to 

15 award grants to assist States in conforming to the 

16 minimum standards set forth in this subtitle. 

17 ‘‘(2) DISTRIBUTION OF GRANTS.—The Secretary, 

18 through the Administrator of the Federal Emergency 

19 Management Agency, shall distribute grants awarded 

20 under this section to States that submit an applica21 tion as follows: 

22 ‘‘(A) PROPORTIONAL ALLOCATION.—Not less 

than 2 23 ⁄3 of the amounts appropriated for grants 

24 under this section shall be allocated to each State 

25 in the ratio that— 


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1 ‘‘(i) the number of driver’s licenses and 

2 identification cards issued by such State in 

3 the most recently ended calendar year; bears 

4 to 

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

6 and identifications cards issued by all 

7 States in the most recently ended calendar 

8 year. 

9 ‘‘(B) REMAINING ALLOCATION.—The Sec10 retary may allocate to States any amounts ap11 propriated for grants under this section that are 

12 not allocated under subparagraph (A) in such 

13 manner as, in the Secretary’s discretion, will 

14 most effectively assist in achieving the goals of 

15 this subtitle. 

16 ‘‘(C) MINIMUM ALLOCATION.—In allocating 

17 funds under this section, the Secretary shall en18 sure that for each fiscal year— 

19 ‘‘(i) except as provided under clause 

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

21 amount equal to 0.35 percent of the total 

22 funds appropriated for grants under this 

23 section for that fiscal year; and 

24 ‘‘(ii) American Samoa, the Common25 wealth of the Northern Mariana Islands, 


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1 Guam, and the Virgin Islands each receive 

2 not less than an amount equal to 0.08 per3 cent of the total funds appropriated for 

4 grants under this section for that fiscal 

5 year. 

6 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to the Sec8 retary, for each of the fiscal years 2010 through 2015, 

9 such sums as may be necessary to carry out this sub10 section. 

11 ‘‘(b) VITAL RECORDS DIGITIZATION GRANT PRO12 GRAM.— 

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

14 Records Digitization Grant Program to award grants 

15 to assist States in— 

16 ‘‘(A) digitizing and ensuring the accuracy 

17 of birth certificate information; 

18 ‘‘(B) linking death records with birth 

19 records; and 

20 ‘‘(C) electronically verifying birth records. 

21 ‘‘(2) DISTRIBUTION OF GRANTS.—The Secretary, 

22 through the Administrator of the Federal Emergency 

23 Management Agency, and in coordination with the 

24 Secretary of Health and Human Services, shall dis25 tribute grants awarded under this section to States 


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1 that submit an application certifying that all birth 

2 records issued in that State after 1934 will be 

3 digitized and accurate not later than 3 years after re4 ceiving such grant. 

5 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to the Sec7 retary $150,000,000, for the 3-year period beginning 

8 on October 1, 2010, to carry out this subsection. 

9 ‘‘SEC. 245. STATE-TO-STATE 1 DRIVER, 1 LICENSE DEM10 ONSTRATION PROJECT. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary, in consulta12 tion with the Secretary of Transportation, shall establish 

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

14 ‘‘(b) PURPOSE.—The demonstration project established 

15 under this section shall include an evaluation of the feasi16 bility of establishing an electronic system to verify that an 

17 applicant for a driver’s license or identification card issued 

18 in accordance with this subtitle does not retain a driver’s 

19 license or identification card issued in accordance with this 

20 subtitle by another State. 

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

22 shall include a review of— 

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

24 maintaining an electronic records system; 


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1 ‘‘(2) the security and privacy measures necessary 

2 to protect the integrity and physical security of driv3 er’s licenses; and 

4 ‘‘(3) the appropriate governance structure to en5 sure effective management of the electronic records 

6 system, including preventing the unauthorized use of 

7 information in the system, and ensuring the security 

8 and confidentiality of personally identifiable informa9 tion. 

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

11 may be construed to— 

12 ‘‘(1) authorize the creation of a national data13 base of driver’s license information; or 

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

15 vehicle database of another State. 

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated to the Secretary for each of 

18 the fiscal years 2010 through 2012 such sums as may be 

19 necessary to carry out this section. 

20 ‘‘SEC. 246. AUTHORITY. 

21 ‘‘(a) PARTICIPATION OF SECRETARY OF TRANSPOR22 TATION AND STATES.—All authority to issue regulations, 

23 set standards, and issue grants under this subtitle shall be 

24 carried out by the Secretary, in consultation with the Sec25 retary of Transportation and the States. 


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

2 may grant to a State an extension of time to meet the re3 quirements of section 242(a)(1) if the State provides ade4 quate justification for noncompliance. 

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

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

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

8 the Secretary of Transportation or the States under 

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

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

11 protective of personal privacy than the requirements 

12 of this subtitle or the standards or regulations pro13 mulgated to implement this subtitle, provided that 

14 such State laws are consistent with this subtitle and 

15 the regulations prescribed pursuant to this subtitle.’’. 

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

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

18 amended by inserting after the item relating to section 235 

19 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.’’. 


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

2 CARD DATA BY PRIVATE ENTITIES. 

3 Chapter 123 of title 18, United States Code is amend4 ed— 

5 (1) in section 2722, by adding at the end the fol6 lowing: 

7 ‘‘(c) SCANNING INFORMATION FROM DRIVERS LI8 CENSES OR IDENTIFICATION CARDS.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), and unless authorized by Federal, State, or 

11 local law, beginning 6 months after the date on which 

12 final regulations are issued under paragraph (2), it 

13 shall be unlawful for any person, knowingly and 

14 without lawful authority— 

15 ‘‘(A) to scan the information contained in 

16 the machine readable component of a driver’s li17 cense or identification card; and 

18 ‘‘(B)(i) to resell, share or trade that infor19 mation with any other third parties; 

20 ‘‘(ii) track the use of a driver’s license or 

21 identification card; or 

22 ‘‘(iii) store the information collected. 

23 ‘‘(2) EXCEPTIONS.— 

24 ‘‘(A) IN GENERAL.—Not later than 2 years 

25 after the date of the enactment of the PASS ID 

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1 viding notice and an opportunity for public 

2 comment, shall issue final regulations that pro3 vide exceptions to the prohibition under para4 graph (1) for acceptable uses of information de5 rived from the machine readable component of a 

6 driver’s license or identification card for pur7 poses including preventing fraud, abuse, or 

8 criminal activity. 

9 ‘‘(B) ACCEPTABLE USES.—Acceptable uses 

10 under subparagraph (A) shall protect the pri11 vacy and security of the driver’s license or iden12 tification card holder and shall include— 

13 ‘‘(i) scanning and sharing personal in14 formation for credit checks; 

15 ‘‘(ii) scanning and sharing, tracking, 

16 or storing personal information for law en17 forcement purposes; 

18 ‘‘(iii) scanning and storing informa19 tion to prevent consumer fraud; 

20 ‘‘(iv) scanning and sharing the infor21 mation between Federal, State, and local 

22 agencies, in accordance with section 552a of 

23 title 5, United States Code, and other laws 

24 relevant to the protection of the privacy of 

25 the individual; and 


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1 ‘‘(v) scanning and using the informa2 tion for a purpose for which the driver’s li3 cense or identification card holder has given 

4 express written consent.’’; 

5 (2) in section 2724(a), by inserting ‘‘driver’s li6 cense, or identification card,’’ after ‘‘motor vehicle 

7 record,’’; 

8 (3) in section 2725— 

9 (A) by redesignating paragraph (2) as 

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

11 (B) by redesignating paragraph (3) as 

12 paragraph (7); 

13 (C) by redesignating paragraph (4) as 

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

15 (D) by redesignating paragraph (5) as 

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

17 end and inserting a semicolon; 

18 (E) by redesignating paragraph (1) as 

19 paragraph (5); 

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

21 redesignated, the following: 

22 ‘‘(1) ‘driver’s license’ means a motor vehicle op23 erator’s license, as defined in section 30301 of title 49, 

24 United States Code;’’; and 


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1 (G) by inserting after paragraph (3), as re2 designated, the following: 

3 ‘‘(4) ‘identification card’ means a personal iden4 tification card, as defined in section 1028(d) of title 

5 18, United States Code, issued by a State.’’. 

6 SEC. 5. RULEMAKING. 

7 (a) IN GENERAL.—Notwithstanding chapter 5 of title 

8 5, United States Code, or any other provision of law, not 

9 later than 9 months after the date of the enactment of this 

10 Act, the Secretary of Homeland Security shall issue interim 

11 final regulations to implement subtitle E of title II of the 

12 Homeland Security Act of 2002, as added by section 3. 

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

14 subsection (a)— 

15 (1) shall include procedures and requirements 

16 that— 

17 (A) protect the privacy rights of individuals 

18 who apply for and hold a driver’s license or per19 sonal identification card; 

20 (B) protect the constitutional rights and 

21 civil liberties of individuals who apply for and 

22 hold a driver’s licenses or personal identification 

23 card; 


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1 (2) shall include procedures to protect any per2 sonally identifiable information electronically trans3 mitted; 

4 (3) shall establish a process, if not already estab5 lished under the Privacy Act, through which individ6 uals may access, amend, and correct, as determined 

7 appropriate by the agency managing the system, their 

8 own personally identifiable information in any Fed9 eral databases used in complying with this Act; 

10 (4) may not require a single design or num11 bering system to which driver’s licenses or personal 

12 identification cards issued by all States shall con13 form; and 

14 (5) shall only apply to driver’s licenses or identi15 fication cards issued pursuant to subtitle E of title II 

16 of the Homeland Security Act of 2002, as added by 

17 section 3. 

18 SEC. 6. SAVINGS PROVISION. 

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

20 affect the amendment or the repeal set forth in sections 

21 203(a) and 206 of the REAL ID Act of 2005. 

22 (b) EFFECT OF COMPLETED ADMINISTRATIVE AC23 TIONS.—Completed personnel actions, agreements, grants, 

24 and contracts undertaken by an agency— 


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

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

3 (2) shall continue in effect according to their 

4 terms until amended, modified, superseded, termi5 nated, set aside, or revoked by an officer of the United 

6 States, by a court of competent jurisdiction, or by op7 eration of law. 

8 SEC. 7. ANNUAL PRIVACY REPORT. 

9 Not later than 1 year after the date of the enactment 

10 of this Act, and annually thereafter, the Secretary of Home11 land Security, acting through the Chief Privacy Officer and 

12 the Civil Rights and Civil Liberties Officer, shall submit 

13 a report to the Committee on Homeland Security and Gov14 ernmental Affairs of the Senate and the Committee on 

15 Homeland Security of the House of Representatives that 

16 analyzes the privacy implications of the implementation of 

17 this Act. 


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Calendar No. 217 

111TH CONGRESS 

1ST SESSION S. 1261 

A BILL 

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

for other purposes. er’s licenses and identification documents, and formation collected by States when issuing drivtiality, and integrity of personally identifiable in2002 to better protect the security, confidenamend title II of the Homeland Security Act of 

NOVEMBER 19, 2009 

Reported with an amendment 


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