```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1261 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Providing for Additional Security in 
States' Identification Act of 2009'' or the ``PASS ID Act''.

SEC. 2. REPEAL.

    Title II of the REAL ID Act of 2005 (Division B of Public Law 109-
13) is repealed.

SEC. 3. IDENTIFICATION SECURITY.

    (a) In General.--Title II of the Homeland Security Act of 2002 (6 
U.S.C. 121 et seq.) is amended by adding at the end the following:

  ``Subtitle E--Improved Security for Driver's Licenses and Personal 
                          Identification Cards

``SEC. 241. DEFINITIONS.

    ``In this subtitle:
            ``(1) Driver's license.--The term `driver's license' means 
        a motor vehicle operator's license, as defined in section 30301 
        of title 49, United States Code.
            ``(2) Identification card.--The term `identification card' 
        means a personal identification card, as defined in section 
        1028(d) of title 18, United States Code, issued by a State.
            ``(3) Materially compliant.--A State is `materially 
        compliant' if the State has certified to the Secretary that the 
        State has commenced issuing driver's licenses and 
        identification cards that are compliant with the requirements 
        of this subtitle.
            ``(4) Official purpose.--The term `official purpose' 
        means--
                    ``(A) accessing Federal facilities that contain 
                mission functions critical to homeland security, 
                national security, or defense;
                    ``(B) accessing nuclear power plants; or
                    ``(C) boarding federally regulated commercial 
                aircraft.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(6) State.--The term `State' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands.

``SEC. 242. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR 
              FEDERAL RECOGNITION.

    ``(a) Minimum Standards for Federal Use.--
            ``(1) In general.--Beginning 1 year after the date on which 
        final regulations are issued to implement this subtitle, 
        pursuant to section 5 of the PASS ID Act--
                    ``(A) a Federal agency may not accept, for any 
                official purpose, a driver's license or identification 
                card issued by a State to any person unless the State 
                is materially compliant; and
                    ``(B) no person shall be denied boarding a 
                commercial aircraft solely on the basis of failure to 
                present a driver's license or identification card 
                issued pursuant to this subtitle.
            ``(2) Agency acceptance.--Beginning 6 years after the date 
        on which final regulations are issued to implement this 
        subtitle, pursuant to section 5 of the PASS ID Act, a Federal 
        agency may not accept, for any official purpose, a driver's 
        license or identification card unless the license or card 
        complies with subsection (b).
            ``(3) State certifications.--The Secretary shall determine 
        whether a State is meeting the requirements of this section 
        based on certifications made by the State to the Secretary. 
        Such certifications shall be made at such times and in such 
        manner as the Secretary, in consultation with the Secretary of 
        Transportation, may prescribe by regulation.
            ``(4) Certification of other identification documents.--The 
        Secretary may certify any driver's license or identification 
        card, including an Enhanced Driver's License designated by the 
        Secretary under section 7209 of the 9/11 Commission 
        Implementation Act of 2004, as compliant with the requirements 
        of this subtitle if the Secretary, after review, determines 
        such license or card meets the requirements of this subtitle.
    ``(b) Minimum Document Requirements.--To meet the requirements of 
this section, a State shall include, at a minimum, the following 
information and features on each driver's license and identification 
card issued to a person by the State:
            ``(1) The person's legal name.
            ``(2) The person's date of birth.
            ``(3) The person's gender.
            ``(4) The person's driver's license or identification card 
        number.
            ``(5) A digital photograph of the person.
            ``(6) The person's address of principal residence, except--
                    ``(A) as provided for under section 827 of the 
                Violence Against Women Act (Public Law 109-162); or
                    ``(B) for any individual who a State determines 
                should be exempted from the requirement under this 
                paragraph to protect the safety or security of the 
                applicant.
            ``(7) The person's signature.
            ``(8) A combination of security features designed to 
        protect the physical integrity of the document, including the 
        prevention of tampering, counterfeiting, or duplication of the 
        document for fraudulent purposes.
            ``(9) A common machine-readable technology, containing the 
        data elements available on the face of a driver's license or 
        identification card. A person's social security number may not 
        be included in these data elements.
            ``(10) A unique symbol designated by the Secretary to 
        indicate compliance with the requirements under this section.
    ``(c) Minimum Issuance Standards.--
            ``(1) In general.--To meet the requirements of this 
        section, for all driver's licenses and identification cards 
        issued under this subtitle at least 1 year after the date on 
        which final regulations are issued to implement this subtitle, 
        pursuant to section 5 of the PASS ID Act, a State shall 
        require, at a minimum, presentation and validation of the 
        following information before issuing a driver's license or 
        identification card to a person:
                    ``(A) A photo identity document, except that a non-
                photo identity document is acceptable if it includes 
                both the person's full name and date of birth.
                    ``(B) Documentation showing the person's date of 
                birth.
                    ``(C) Proof of the person's social security account 
                number or verification that the person is not eligible 
                for a social security account number.
                    ``(D) Documentation showing the person's name and 
                address of principal residence.
            ``(2) Special requirements.--
                    ``(A) In general.--To meet the requirements of this 
                section, a State shall comply with the minimum 
                standards of this paragraph.
                    ``(B) Evidence of lawful status.--Before issuing a 
                driver's license or identification card to a person, a 
                State shall verify that the person--
                            ``(i) is a citizen or national of the 
                        United States;
                            ``(ii) has been granted lawful permanent 
                        residence in the United States;
                            ``(iii) has been granted asylum or 
                        withholding of removal, or has been admitted 
                        into the United States as a refugee;
                            ``(iv) has been granted temporary residence 
                        in the United States;
                            ``(v) has been paroled into the United 
                        States under section 212(d)(5) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(d)(5)), subject to such exceptions as the 
                        Secretary, in the Secretary's unreviewable 
                        discretion, may prescribe for aliens paroled 
                        into the United States for prosecution or other 
                        categories of paroled aliens;
                            ``(vi) is a lawful nonimmigrant in the 
                        United States;
                            ``(vii) has a pending application for 
                        asylum or withholding of removal and has been 
                        granted employment authorization;
                            ``(viii) has been granted temporary 
                        protected status in the United States or has a 
                        pending application for temporary protective 
                        status and has been granted employment 
                        authorization;
                            ``(ix) has been granted deferred action 
                        status;
                            ``(x) has a pending application for 
                        adjustment of status to that of an alien 
                        lawfully admitted for permanent residence in 
                        the United States or conditional permanent 
                        resident status in the United States;
                            ``(xi) has otherwise been granted 
                        employment authorization in the United States; 
                        or
                            ``(xii) is otherwise an alien lawfully 
                        present in the United States, as determined by 
                        the Secretary in the Secretary's unreviewable 
                        discretion.
                    ``(C) Temporary driver's licenses and 
                identification cards.--
                            ``(i) In general.--If a person presents 
                        evidence under any of clauses (iv) through 
                        (xii) of subparagraph (B), the State may only 
                        issue a temporary driver's license or temporary 
                        identification card to the person that is valid 
                        for a time period ending not later than the 
                        expiration date of the applicant's authorized 
                        stay in the United States or, if there is no 
                        such expiration date, for a period not to 
                        exceed 1 year. The Secretary may, in the 
                        Secretary's unreviewable discretion, authorize 
                        the issuance of temporary driver's licenses or 
                        temporary identification cards, for periods 
                        longer than 1 year, to employees of 
                        international organizations and to other 
                        nonimmigrant aliens who are authorized to 
                        remain in the United States for an indefinite 
                        period.
                            ``(ii) Display of expiration date.--A 
                        temporary driver's license or temporary 
                        identification card issued pursuant to this 
                        subparagraph shall clearly state the date on 
                        which it expires.
                            ``(iii) Renewal.--A temporary driver's 
                        license or temporary identification card issued 
                        pursuant to this subparagraph may be renewed 
                        only upon verification of the applicant's 
                        current lawful status.
            ``(3) Validation of documents.--To meet the requirements of 
        this section, a State--
                    ``(A) shall not accept any foreign document, other 
                than an official passport, to satisfy a requirement of 
                paragraph (1) or (2); and
                    ``(B) not later than 1 year after the date on which 
                final regulations are issued to implement this 
                subtitle, pursuant to section 5 of the PASS ID Act, 
                shall enter into a memorandum of understanding with the 
                Secretary to routinely utilize the automated system 
                known as Systematic Alien Verification for Entitlements 
                established under section 121 of the Immigration Reform 
                and Control Act of 1986 (Public Law 99-603), to verify 
                the legal presence status of a person, other than a 
                United States citizen or national, who is applying for 
                a driver's license or identification card.
    ``(d) Other Requirements.--To meet the requirements of this 
section, a State shall adopt the following practices in the issuance of 
driver's licenses and identification cards:
            ``(1)(A) Employ technology to capture digital images of 
        identity source documents so that the images can be retained in 
        electronic storage in a transferrable format for at least as 
        long as the applicable driver's license or identification card 
        is valid; or
            ``(B) retain paper copies of source documents for at least 
        as long as the applicable driver's license or identification 
        card is valid.
            ``(2) Subject each person who submits an application for a 
        driver's license or identification card to mandatory facial 
        image capture.
            ``(3) Establish an effective procedure to confirm or verify 
        a renewing applicant's information.
            ``(4) Confirm with the Social Security Administration a 
        social security account number presented by a person using the 
        full social security account number. In the event that a social 
        security account number is already registered to or associated 
        with another person to which any State has issued a driver's 
        license or identification card, the State may use any 
        appropriate procedures to resolve nonmatches.
            ``(5) Establish an effective procedure to confirm that a 
        person submitting an application for a driver's license or 
        identification card is terminating or has terminated any 
        driver's license or identification card issued pursuant to this 
        section to such person by a State.
            ``(6) Provide for the physical security of locations where 
        driver's licenses and identification cards are produced and the 
        security of document materials and papers from which driver's 
        licenses and identification cards are produced.
            ``(7) Establish appropriate administrative and physical 
        safeguards to protect the security, confidentiality, and 
        integrity of personally identifiable information collected and 
        maintained at locations at which driver's licenses or 
        identification documents are produced or stored, including--
                    ``(A) procedures to prevent the unauthorized access 
                to, or use of, personally identifiable information;
                    ``(B) public notice of security and privacy 
                policies, including the use, storage, access to, and 
                sharing of personally identifiable information;
                    ``(C) the establishment of a process through which 
                individuals may access, amend, and correct, as 
                determined appropriate by the State, their own 
                personally identifiable information.
            ``(8) Subject all persons authorized to manufacture or 
        produce driver's licenses and identification cards to 
        appropriate security clearance requirements.
            ``(9) Establish fraudulent document recognition and 
        document validation training programs for appropriate employees 
        engaged in the issuance of driver's licenses and identification 
        cards.
            ``(10) Limit the period of validity of all driver's 
        licenses and identification cards that are not temporary to a 
        period that does not exceed 8 years.
    ``(e) Exceptions Process.--
            ``(1) In general.--States shall establish an exceptions 
        process to reasonably accommodate persons who, for 
        extraordinary reasons beyond their control, are unable to 
        present the necessary documents listed in subsection (c)(1).
            ``(2) Alternative documents.--Alternative documents 
        accepted under an exceptions process established pursuant to 
        paragraph (1) may not be used to demonstrate lawful presence 
        under subsection (c)(2) unless such documents establish that 
        the person is a citizen or national of the United States.
            ``(3) Report.--States shall include a report on the use of 
        exceptions made under this subsection, which shall not include 
        any personally identifiable information, as a component of the 
        certification required under subsection (a)(3).
    ``(f) Use of Federal Systems.--States shall not be required to pay 
fees or other costs associated with the use of the automated systems 
known as Systematic Alien Verification for Entitlements and Social 
Security On-Line Verification, or any other Federal electronic system, 
in connection with the issuance of driver's licenses or identification 
cards, in accordance with this subtitle.
    ``(g) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a State from issuing driver's licenses and 
identification cards that do not comply with the requirements of this 
section.

``SEC. 243. USE OF FALSE DRIVER'S LICENSE AT AIRPORTS.

    ``(a) In General.--The Secretary shall enter, into the appropriate 
aviation security screening database, appropriate information regarding 
any person convicted of using a false driver's license at an airport.
    ``(b) Definitions.--In this section:
            ``(1) Airport.--The term `airport' has the meaning given 
        such term under section 40102 of title 49, United States Code.
            ``(2) False.--The term `false' has the meaning given such 
        term under section 1028(d) of title 18, United States Code.

``SEC. 244. GRANTS TO STATES.

    ``(a) Establishment.--
            ``(1) In general.--There is established a State Driver's 
        License Enhancement Grant Program to award grants to assist 
        States in conforming to the minimum standards set forth in this 
        subtitle.
            ``(2) Distribution of grants.--The Secretary, through the 
        Administrator of the Federal Emergency Management Agency, shall 
        distribute grants awarded under this section to States that 
        submit an application as follows:
                    ``(A) Proportional allocation.--Not less than \2/3\ 
                of the amounts appropriated for grants under this 
                section shall be allocated to each State in the ratio 
                that--
                            ``(i) the number of driver's licenses and 
                        identification cards issued by such State in 
                        the most recently ended calendar year; bears to
                            ``(ii) the number of driver's licenses and 
                        identifications cards issued by all States in 
                        the most recently ended calendar year.
                    ``(B) Remaining allocation.--The Secretary may 
                allocate to States any amounts appropriated for grants 
                under this section that are not allocated under 
                subparagraph (A) in such manner as, in the Secretary's 
                discretion, will most effectively assist in achieving 
                the goals of this subtitle.
                    ``(C) Minimum allocation.--In allocating funds 
                under this section, the Secretary shall ensure that for 
                each fiscal year--
                            ``(i) except as provided under clause (ii), 
                        each State receives not less than an amount 
                        equal to 0.35 percent of the total funds 
                        appropriated for grants under this section for 
                        that fiscal year; and
                            ``(ii) American Samoa, the Commonwealth of 
                        the Northern Mariana Islands, Guam, and the 
                        Virgin Islands each receive not less than an 
                        amount equal to 0.08 percent of the total funds 
                        appropriated for grants under this section for 
                        that fiscal year.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary, for each of the fiscal years 2010 
through 2015, such sums as may be necessary to carry out this section.

``SEC. 245. STATE-TO-STATE ONE DRIVER, ONE LICENSE DEMONSTRATION 
              PROJECT.

    ``(a) Establishment.--The Secretary, in consultation with the 
Secretary of Transportation, shall establish a State-to-State 1 driver, 
1 license demonstration project.
    ``(b) Purpose.--The demonstration project established under this 
section shall include an evaluation of the feasibility of establishing 
an electronic system to verify that an applicant for a driver's license 
or identification card issued in accordance with this subtitle does not 
retain a driver's license or identification card issued in accordance 
with this subtitle by another State.
    ``(c) Requirements.--The demonstration project shall include a 
review of--
            ``(1) the costs affiliated with establishing and 
        maintaining an electronic records system;
            ``(2) the security and privacy measures necessary to 
        protect the integrity and physical security of driver's 
        licenses; and
            ``(3) the appropriate governance structure to ensure 
        effective management of the electronic records system, 
        including preventing the unauthorized use of information in the 
        system, and ensuring the security and confidentiality of 
        personally identifiable information.
    ``(d) Savings Provision.--Nothing in this section may be construed 
to--
            ``(1) authorize the creation of a national database of 
        driver's license information; or
            ``(2) authorize States direct access to the motor vehicle 
        database of another State.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2010 through 
2012 such sums as may be necessary to carry out this section.

``SEC. 246. AUTHORITY.

    ``(a) Participation of Secretary of Transportation and States.--All 
authority to issue regulations, set standards, and issue grants under 
this subtitle shall be carried out by the Secretary, in consultation 
with the Secretary of Transportation and the States.
    ``(b) Extensions of Deadlines.--The Secretary may grant to a State 
an extension of time to meet the requirements of section 242(a)(1) if 
the State provides adequate justification for noncompliance.

``SEC. 247. LIMITATION ON STATUTORY CONSTRUCTION.

    ``Nothing in this subtitle may be construed to--
            ``(1) affect the authorities or responsibilities of the 
        Secretary of Transportation or the States under chapter 303 of 
        title 49, United States Code; or
            ``(2) preempt State privacy laws that are more protective 
        of personal privacy than the requirements of this subtitle or 
        the standards or regulations promulgated to implement this 
        subtitle, provided that such State laws are consistent with 
        this subtitle and the regulations prescribed pursuant to this 
        subtitle.''.
    (b) Technical Amendment.--Section 1(b) of the Homeland Security Act 
of 2002 (Public Law 107-296) is amended by inserting after the item 
relating to section 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.''.

SEC. 4. USE OF DRIVER'S LICENSE OR IDENTIFICATION CARD DATA BY PRIVATE 
              ENTITIES.

    Chapter 123 of title 18, United States Code is amended--
            (1) in section 2722, by adding at the end the following:
    ``(c) Copying Information From Drivers Licenses or Identification 
Cards.--It shall be unlawful for any person, knowingly and without 
lawful authority--
            ``(1) to scan the information contained in the machine 
        readable component of a driver's license or identification 
        card; or
            ``(2)(A) to resell, share or trade that information with 
        any other third parties;
            ``(B) track the use of a driver's license or identification 
        card; or
            ``(C) store the information collected.'';
            (2) in section 2724(a), by inserting ``driver's license, or 
        identification card,'' after ``motor vehicle record,'';
            (3) in section 2725--
                    (A) by redesignating paragraph (2) as paragraph 
                (6), and adding ``and'' at the end;
                    (B) by redesignating paragraph (3) as paragraph 
                (7);
                    (C) by redesignating paragraph (4) as paragraph 
                (3), and striking ``and'' at the end;
                    (D) by redesignating paragraph (5) as paragraph 
                (2), and striking the period at the end and inserting a 
                semicolon;
                    (E) by redesignating paragraph (1) as paragraph 
                (5);
                    (F) by inserting before paragraph (2), as 
                redesignated, the following:
            ``(1) `driver's license' means a motor vehicle operator's 
        license, as defined in section 30301 of title 49, United States 
        Code;''; and
                    (G) by inserting after paragraph (3), as 
                redesignated, the following:
            ``(4) `identification card' means a personal identification 
        card, as defined in section 1028(d) of title 18, United States 
        Code, issued by a State.''.

SEC. 5. RULEMAKING.

    (a) In General.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary, after providing notice and an 
opportunity for public comment shall issue final regulations to 
implement subtitle E of title II of the Homeland Security Act of 2002, 
as added by section 3.
    (b) Content.--The regulations issued pursuant to subsection (a)--
            (1) shall include procedures and requirements that--
                    (A) protect the privacy rights of individuals who 
                apply for and hold a driver's license or personal 
                identification card;
                    (B) protect the constitutional rights and civil 
                liberties of individuals who apply for and hold a 
                driver's licenses or personal identification card;
            (2) shall include procedures to protect any personally 
        identifiable information electronically transmitted;
            (3) shall establish a process through which individuals may 
        access, amend, and correct, as determined appropriate by the 
        Secretary, their own personally identifiable information in any 
        Federal databases used in complying with this Act;
            (4) may not require a single design or numbering system to 
        which driver's licenses or personal identification cards issued 
        by all States shall conform; and
            (5) shall only apply to driver's licenses or identification 
        cards issued pursuant to subtitle E of title II of the Homeland 
        Security Act of 2002, as added by section 3.

SEC. 6. SAVINGS PROVISION.

    (a) Effect of Repeal.--Nothing in section 2 shall affect the 
amendment or the repeal set forth in sections 203(a) and 206 of the 
REAL ID Act of 2005.
    (b) Effect of Completed Administrative Actions.--Completed 
personnel actions, agreements, grants, and contracts undertaken by an 
agency--
            (1) shall not be affected by any provision of this Act, or 
        any amendment made by this Act; and
            (2) shall continue in effect according to their terms until 
        amended, modified, superseded, terminated, set aside, or 
        revoked by an officer of the United States, by a court of 
        competent jurisdiction, or by operation of law.
                                 <all>
```