II 

110TH CONGRESS 

1ST SESSION S. 563 

To extend the deadline by which State identification documents shall comply 

with certain minimum standards and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2007 

Ms. COLLINS introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To extend the deadline by which State identification documents shall comply with certain minimum standards and 

for other purposes. 

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

3 SECTION 1. MINIMUM DOCUMENT REQUIREMENTS. 

4 Section 202(a)(1) of the REAL ID Act of 2005 (49 

5 U.S.C. 30301 note) is amended by striking ‘‘3 years after 

6 the date of the enactment of this division’’ and inserting 

7 ‘‘2 years after the promulgation of final regulations to im8 plement this section’’. 

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1 SEC. 2. AUTHORITY TO EXTEND COMPLIANCE DEADLINES. 

2 Section 205(b) of the REAL ID Act of 2005 (49 

3 U.S.C. 30301 note) is amended— 

4 (1) by striking ‘‘The Secretary’’ and inserting 

5 the following: 

6 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

8 ‘‘(2) LACK OF VALIDATION SYSTEMS.—If the 

9 Secretary determines that the Federal or State elec10 tronic systems required to verify the validity and 

11 completeness of documents under section 202(c)(3) 

12 are not available to any State on the date described 

13 in section 202(a)(1), the requirements under section 

14 202(c)(1) shall not apply to any State until adequate 

15 electronic validation systems are available to all 

16 States.’’. 

17 SEC. 3. NEGOTIATED RULEMAKING. 

18 (a) NEGOTIATED RULEMAKING COMMITTEE.—The 

19 Secretary of Homeland Security shall reconvene the com20 mittee originally established pursuant to section 

21 7212(b)(4) of the 9/11 Commission Implementation Act 

22 of 2004 (49 U.S.C. 30301 note), with the addition of any 

23 new interested parties, including experts in privacy protec24 tion, experts in civil liberties and protection of constitu25 tional rights, and experts in immigration law, to— 

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1 (1) review the regulations proposed by the Sec2 retary of Homeland Security to implement section 

3 202 of the REAL ID Act of 2005 (49 U.S.C. 30301 

4 note); 

5 (2) review the provisions of the REAL ID Act 

6 of 2005; 

7 (3) submit recommendations to the Secretary of 

8 Homeland Security regarding appropriate modifica9 tions to such regulations; and 

10 (4) submit recommendations to the Secretary of 

11 Homeland Security and Congress regarding appro12 priate modifications to the REAL ID Act of 2005. 

13 (b) CRITERIA.—In conducting the review under sub14 section (a)(1), the committee shall consider, in addition 

15 to other factors at the discretion of the committee, modi16 fications to the regulations to— 

17 (1) minimize conflicts between State laws re18 garding driver’s license eligibility; 

19 (2) include procedures and requirements to pro20 tect the Federal and State constitutional rights, civil 

21 liberties, and privacy rights of individuals who apply 

22 for and hold driver’s licenses and personal identifica23 tion cards; 

24 (3) protect the security of all personal informa25 tion maintained in electronic form; 

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1 (4) provide individuals with procedural and sub2 stantive due process, including rules and right of ap3 peal, to challenge errors in data records contained 

4 within the databases created to implement section 

5 202 of the REAL ID Act of 2005; 

6 (5) ensure that private entities are not per7 mitted to scan the information contained on the face 

8 of a license, or in the machine readable component 

9 of the license, and resell, share, or trade such infor10 mation with third parties; 

11 (6) provide a fair system of funding to limit the 

12 costs of meeting the requirements of section 202 of 

13 the REAL ID Act of 2005; 

14 (7) facilitate the management of vital identity15 proving records; and 

16 (8) improve the effectiveness and security of 

17 Federal documents used to validate identification. 

18 (c) RULEMAKING.—To the extent that the final regu19 lations to implement section 202 of the REAL ID Act of 

20 2005 do not reflect the modifications recommended by the 

21 committee pursuant to subsection (a)(3), the Secretary of 

22 Homeland Security shall include, with such regulations in 

23 the Federal Register, the reasons for rejecting such modi24 fications. 

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1 (d) REPORTS.—Upon submitting recommendations 

2 to the Secretary of Homeland Security under subsection 

3 (a), the committee shall submit a report to the Committee 

4 on Homeland Security and Governmental Affairs of the 

5 Senate and the Committee on Homeland Security of the 

6 House of Representatives that includes— 

7 (1) the list of recommended modifications to the 

8 regulations that were submitted to the Secretary of 

9 Homeland Security under subsection (a)(3); and 

10 (2) a list of recommended amendments to the 

11 Real ID Act of 2005 that would address any con12 cerns that could not be resolved by regulation. 

Æ 

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