II 

109TH CONGRESS 

2D SESSION S. 4117 

To repeal title II of the REAL ID Act of 2005, to reinstitute the section 

7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, 

which provides States additional regulatory flexibility and funding authorization to more rapidly produce tamper- and counterfeit-resistant driver’s 

licenses and to protect privacy and civil liberties by providing interested 

stakeholders on a negotiated rulemaking with guidance to achieve improved 21st century licenses to improve national security. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2006 

Mr. AKAKA (for himself and Mr. SUNUNU) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To repeal title II of the REAL ID Act of 2005, to reinstitute 

the section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which provides States 

additional regulatory flexibility and funding authorization 

to more rapidly produce tamper- and counterfeit-resistant 

driver’s licenses and to protect privacy and civil liberties 

by providing interested stakeholders on a negotiated rulemaking with guidance to achieve improved 21st century 

licenses to improve national security. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Identification Security 

3 Enhancement Act of 2006’’. 

4 SEC. 2. REPEAL. 

5 Title II of the REAL ID Act of 2005 (division B of 

6 Public Law 109–13; 49 U.S.C. 30301 note) is repealed. 

7 SEC. 3. DRIVER’S LICENSES AND PERSONAL IDENTIFICA8 TION CARDS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) DRIVER’S LICENSE.—The term ‘‘driver’s li11 cense’’ means a motor vehicle operator’s license (as 

12 defined in section 30301(5) of title 49, United 

13 States Code). 

14 (2) PERSONAL IDENTIFICATION CARD.—The 

15 term ‘‘personal identification card’’ means an identi16 fication document (as defined in section 1028(d)(3) 

17 of title 18, United States Code) issued by a State. 

18 (b) STANDARDS FOR ACCEPTANCE BY FEDERAL

19 AGENCIES.— 

20 (1) IN GENERAL.— 

21 (A) LIMITATION ON ACCEPTANCE.—No 

22 Federal agency may accept, for any official pur23 pose, a driver’s license or personal identification 

24 card newly issued by a State more than 2 years 

25 after the promulgation of the minimum stand26 ards under paragraph (2) unless the driver’s liVerDate Aug 31 2005 00:47 Dec 14, 2006 Jkt 059196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4117.IS S4117

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1 cense or personal identification card conforms 

2 to such minimum standards. 

3 (B) DATE FOR FULL CONFORMANCE.— 

4 (i) IN GENERAL.—Except as provided 

5 under clause (ii), beginning on the date 

6 that is 5 years after the promulgation of 

7 minimum standards under paragraph (2), 

8 no Federal agency may accept, for any of9 ficial purpose, a driver’s license or personal 

10 identification card issued by a State unless 

11 such driver’s license or personal identifica12 tion card conforms to such minimum 

13 standards. 

14 (ii) ALTERNATIVE DATE FOR FULL

15 CONFORMANCE.—If the Secretary of 

16 Homeland Security determines that it is 

17 impracticable for States to replace all 

18 State-issued driver’s licenses and personal 

19 identification cards before the deadline set 

20 forth in clause (i), the Secretary of Home21 land Security, in consultation with the Sec22 retary of Transportation, may set a later, 

23 alternative deadline to the extent necessary 

24 for States to complete such replacement 

25 with reasonable efforts. 


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1 (C) STATE CERTIFICATION.— 

2 (i) IN GENERAL.—Each State shall 

3 certify to the Secretary of Homeland Secu4 rity that the State is in compliance with 

5 the requirements of this section. 

6 (ii) FREQUENCY.—Certifications 

7 under clause (i) shall be made at such in8 tervals and in such a manner as the Sec9 retary of Homeland Security, with the con10 currence of the Secretary of Transpor11 tation, may prescribe by regulation. 

12 (iii) AUDITS.—The Secretary of 

13 Homeland Security may conduct periodic 

14 audits of each State’s compliance with the 

15 requirements of this section. 

16 (2) MINIMUM STANDARDS.—Not later than 12 

17 months after the date of enactment of this Act, the 

18 Secretary of Homeland Security, in consultation 

19 with the Secretary of Transportation, shall by regu20 lation, establish by minimum standards for driver’s 

21 licenses or personal identification cards issued by a 

22 State for use by Federal agencies for identification 

23 purposes that shall include— 


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1 (A) standards for documentation required 

2 as proof of identity of an applicant for a driv3 er’s license or personal identification card; 

4 (B) standards for the verifiability of docu5 ments used to obtain a driver’s license or per6 sonal identification card; 

7 (C) standards for the processing of appli8 cations for driver’s licenses and personal identi9 fication cards to prevent fraud; 

10 (D) standards for information to be in11 cluded on each driver’s license or personal iden12 tification card, including— 

13 (i) the person’s full legal name; 

14 (ii) the person’s date of birth; 

15 (iii) the person’s gender; 

16 (iv) the person’s driver’s license or 

17 personal identification card number; 

18 (v) a photograph of the person; 

19 (vi) the person’s address of principal 

20 residence; and 

21 (vii) the person’s signature; 

22 (E) standards for common machine-read23 able identity information to be included on each 

24 driver’s license or personal identification card, 

25 including defined minimum data elements; 


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1 (F) security standards to ensure that driv2 er’s licenses and personal identification cards 

3 are— 

4 (i) resistant to tampering, alteration, 

5 or counterfeiting; and 

6 (ii) capable of accommodating and en7 suring the security of a photograph or 

8 other unique identifier; and 

9 (G) a requirement that a State confiscate 

10 a driver’s license or personal identification card 

11 if any component or security feature of the li12 cense or identification card is compromised. 

13 (c) NEGOTIATED RULEMAKING.— 

14 (1) IN GENERAL.—Before publishing the pro15 posed regulations required by subsection (b)(2) to 

16 carry out this title, the Secretary of Homeland Secu17 rity shall establish a negotiated rulemaking process 

18 pursuant to subchapter IV of chapter 5 of title 5, 

19 United States Code (5 U.S.C. 561 et seq.). 

20 (2) TIME REQUIREMENT.—The process de21 scribed in paragraph (1) shall be conducted in a 

22 timely manner to ensure that— 

23 (A) any recommendation for a proposed 

24 rule or report— 


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1 (i) is provided to the Secretary of 

2 Homeland Security not later than 9 

3 months after the date of enactment of this 

4 Act; and 

5 (ii) includes an assessment of the ben6 efits and costs of the recommendation; and 

7 (B) a final rule is promulgated not later 

8 than 12 months after the date of enactment of 

9 this Act. 

10 (3) REPRESENTATION ON NEGOTIATED RULE11 MAKING COMMITTEE.—Any negotiated rulemaking 

12 committee established by the Secretary of Homeland 

13 Security pursuant to paragraph (1) shall include 

14 equal numbers of representatives from— 

15 (A) among State offices that issue driver’s 

16 licenses or personal identification cards; 

17 (B) among State elected officials; 

18 (C) the Department of Transportation; 

19 and 

20 (D) among interested parties, including ex21 perts in privacy protection, experts in civil lib22 erties and protection of constitutional rights, 

23 and experts in immigration law. 

24 (4) CONTENT OF REGULATIONS.—The regula25 tions required by subsection (b)(2)— 


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1 (A) shall facilitate communication between 

2 the chief driver licensing official of a State, an 

3 appropriate official of a Federal agency and 

4 other relevant officials, to verify the authen5 ticity of documents, as appropriate, issued by 

6 such Federal agency or entity and presented to 

7 prove the identity of an individual; 

8 (B) may not infringe on a State’s power to 

9 set criteria concerning what categories of indi10 viduals are eligible to obtain a driver’s license 

11 or personal identification card from that State; 

12 (C) may not require a State to comply with 

13 any such regulation that conflicts with or other14 wise interferes with the full enforcement of 

15 State criteria concerning the categories of indi16 viduals that are eligible to obtain a driver’s li17 cense or personal identification card from that 

18 State; 

19 (D) may not require a single design to 

20 which driver’s licenses or personal identification 

21 cards issued by all States must conform; and 

22 (E) shall include procedures and require23 ments to protect the privacy rights of individ24 uals who apply for and hold driver’s licenses 

25 and personal identification cards. 


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1 (F) shall include procedures and require2 ments to protect the federal and state constitu3 tional rights and civil liberties of individuals 

4 who apply for and hold driver’s licenses and 

5 personal identification cards; 

6 (G) shall not permit the transmission of 

7 any personally identifiable information except 

8 for in encrypted format; 

9 (H) shall provide individuals with proce10 dural and substantive due process, including 

11 promulgating rules and rights of appeal, to 

12 challenge errors in data records contained with13 in the databases created to implement this Act; 

14 (I) shall not permit private entities to scan 

15 the information contained on the face of a li16 cense, or in the machine readable component of 

17 the license, and resell, share or trade that infor18 mation with any other third parties, nor shall 

19 private entities be permitted to store the infor20 mation collected for any other than fraud pre21 vention purposes; 

22 (J) shall not preempt state privacy laws 

23 that are more protective of personal privacy 

24 than the standards, or regulations promulgated 

25 to implement this Act; and 


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1 (K) shall neither permit nor require 

2 verification of birth certificates until a nation3 wide system is designed to facilitate such 

4 verification. 

5 (d) GRANTS TO STATES.— 

6 (1) ASSISTANCE IN MEETING FEDERAL STAND7 ARDS.—Beginning on the date a final regulation is 

8 promulgated under subsection (b)(2), the Secretary 

9 of Homeland Security shall award grants to States 

10 to assist them in conforming to the minimum stand11 ards for driver’s licenses and personal identification 

12 cards set forth in the regulation. 

13 (2) ALLOCATION OF GRANTS.—The Secretary 

14 of Homeland Security shall award grants to States 

15 under this subsection based on the proportion that 

16 the estimated average annual number of driver’s li17 censes and personal identification cards issued by a 

18 State applying for a grant bears to the average an19 nual number of such documents issued by all States. 

20 (3) MINIMUM ALLOCATION.—Notwithstanding 

21 paragraph (2), each State shall receive not less than 

22 0.5 percent of the grant funds made available under 

23 this subsection. 

24 (4) SEPARATE FUNDING.—Funds appropriated 

25 for grants under this section may not be commingled 


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1 with other grant funds administered by the Depart2 ment of Homeland Security and may not be used for 

3 any purpose other than the purpose set forth in 

4 paragraph (1). 

5 (e) EXTENSION OF EFFECTIVE DATE.—The Sec6 retary of Homeland Security may extend the date specified 

7 under subsection (b)(1)(A) for up to 2 years for driver’s 

8 licenses issued by a State if the Secretary determines that 

9 the State made reasonable efforts to comply with the date 

10 under such subsection but was unable to do so. 

11 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated to the Sec13 retary of Homeland Security $300,000,000 for each of the 

14 fiscal years 2007 through 2013 to carry out this Act. 

Æ 


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