I 
111TH CONGRESS 
1ST SESSION H. R. 3471 
To repeal title II of the REAL ID Act of 2005, to reinstitute section 
7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, 
which provides States additional regulatory flexibility and funding author-
ization 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 im-
proved 21st century licenses to improve national security. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2009 
Mr. COHEN (for himself, Mr. HODES, Mr. STARK, Mr. FILNER, Mr. 
KUCINICH, and Mr. GONZALEZ) introduced the following bill; which was 
referred to the Committee on Oversight and Government Reform, and in 
addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To repeal title II of the REAL ID Act of 2005, to reinstitute 
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 rule-
making with guidance to achieve improved 21st century 
licenses to improve national security. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘REAL ID Repeal and 
Identification Security Enhancement Act of 2009’’. 
SEC. 2. REPEAL. 
Title II of the REAL ID Act of 2005 (division B of 
Public Law 109–13; 49 U.S.C. 30301 note) is repealed. 
SEC. 3. DRIVER’S LICENSES AND PERSONAL IDENTIFICA-
TION CARDS. 
(a) DEFINITIONS.—In this section: 
(1) DRIVER’S LICENSE.—The term ‘‘driver’s li-
cense’’ means a motor vehicle operator’s license (as 
defined in section 30301(5) of title 49, United 
States Code). 
(2) PERSONAL
IDENTIFICATION
CARD.—The 
term ‘‘personal identification card’’ means an identi-
fication document (as defined in section 1028(d)(3) 
of title 18, United States Code) issued by a State. 
(b) STANDARDS
FOR ACCEPTANCE
BY FEDERAL 
AGENCIES.— 
(1) IN GENERAL.— 
(A) LIMITATION
ON
ACCEPTANCE.—No 
Federal agency may accept, for any official pur-
pose, a driver’s license or personal identification 
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card newly issued by a State more than 2 years 
after the promulgation of the minimum stand-
ards under paragraph (2) unless the driver’s li-
cense or personal identification card conforms 
to such minimum standards. 
(B) DATE FOR FULL CONFORMANCE.— 
(i) IN GENERAL.—Except as provided 
under clause (ii), beginning on the date 
that is 5 years after the promulgation of 
minimum standards under paragraph (2), 
no Federal agency may accept, for any of-
ficial purpose, a driver’s license or personal 
identification card issued by a State unless 
such driver’s license or personal identifica-
tion card conforms to such minimum 
standards. 
(ii) ALTERNATIVE
DATE
FOR
FULL 
CONFORMANCE.—If 
the 
Secretary 
of 
Homeland Security determines that it is 
impracticable for States to replace all 
State-issued driver’s licenses and personal 
identification cards before the deadline set 
forth in clause (i), the Secretary of Home-
land Security, in consultation with the Sec-
retary of Transportation, may set a later, 
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alternative deadline to the extent necessary 
for States to complete such replacement 
with reasonable efforts. 
(C) STATE CERTIFICATION.— 
(i) IN
GENERAL.—Each State shall 
certify to the Secretary of Homeland Secu-
rity that the State is in compliance with 
the requirements of this section. 
(ii) 
FREQUENCY.—Certifications 
under clause (i) shall be made at such in-
tervals and in such a manner as the Sec-
retary of Homeland Security, with the con-
currence of the Secretary of Transpor-
tation, may prescribe by regulation. 
(iii) 
AUDITS.—The 
Secretary 
of 
Homeland Security may conduct periodic 
audits of each State’s compliance with the 
requirements of this section. 
(2) MINIMUM STANDARDS.—Not later than 12 
months after the date of enactment of this Act, the 
Secretary of Homeland Security, in consultation 
with the Secretary of Transportation, shall by regu-
lation, establish minimum standards for driver’s li-
censes or personal identification cards issued by a 
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State for use by Federal agencies for identification 
purposes that shall include— 
(A) standards for documentation required 
as proof of identity of an applicant for a driv-
er’s license or personal identification card; 
(B) standards for the verifiability of docu-
ments used to obtain a driver’s license or per-
sonal identification card; 
(C) standards for the processing of appli-
cations for driver’s licenses and personal identi-
fication cards to prevent fraud; 
(D) standards for information to be in-
cluded on each driver’s license or personal iden-
tification card, including (consistent with such 
regulations)— 
(i) the person’s full legal name; 
(ii) the person’s date of birth; 
(iii) the person’s gender; 
(iv) the person’s driver’s license or 
personal identification card number; 
(v) a photograph of the person; 
(vi) the person’s address of principal 
residence; and 
(vii) the person’s signature; 
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(E) standards for common machine-read-
able identity information to be included on each 
driver’s license or personal identification card, 
including defined minimum data elements; 
(F) security standards to ensure that driv-
er’s licenses and personal identification cards 
are— 
(i) resistant to tampering, alteration, 
or counterfeiting; and 
(ii) capable of accommodating and en-
suring the security of a photograph or 
other unique identifier; and 
(G) a requirement that a State confiscate 
a driver’s license or personal identification card 
if any component or security feature of the li-
cense or identification card is compromised. 
(c) NEGOTIATED RULEMAKING.— 
(1) IN GENERAL.—Before publishing the pro-
posed regulations required by subsection (b)(2) to 
carry out this title, the Secretary of Homeland Secu-
rity shall establish a negotiated rulemaking process 
pursuant to subchapter IV of chapter 5 of title 5, 
United States Code (5 U.S.C. 561 et seq.). 
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(2) TIME
REQUIREMENT.—The process de-
scribed in paragraph (1) shall be conducted in a 
timely manner to ensure that— 
(A) any recommendation for a proposed 
rule or report— 
(i) is provided to the Secretary of 
Homeland Security not later than 9 
months after the date of enactment of this 
Act; and 
(ii) includes an assessment of the ben-
efits and costs of the recommendation; and 
(B) a final rule is promulgated not later 
than 12 months after the date of enactment of 
this Act. 
(3) REPRESENTATION ON NEGOTIATED RULE-
MAKING
COMMITTEE.—Any negotiated rulemaking 
committee established by the Secretary of Homeland 
Security pursuant to paragraph (1) shall include 
representation from— 
(A) the Department of Transportation; 
(B) among State elected officials; 
(C) among State offices that issue driver’s 
licenses or personal identification cards; and 
(D) among interested parties, including ex-
perts in privacy protection, experts in civil lib-
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