S. 1261 (111th): PASS ID Act

The text of the bill below is as of Nov 19, 2009 (Reported by Senate Committee).

Source: GPO

II

Calendar No. 217

111th CONGRESS

1st Session

S. 1261

IN THE SENATE OF THE UNITED STATES

June 15, 2009

(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 , 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.

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.

2.

Repeal

Title II of the REAL ID Act of 2005 (Division B of Public Law 109–13) is repealed.

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:

E

Improved security for driver’s licenses and personal identification cards

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.

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.

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.

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.

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.

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.

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.

.

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.

.

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.

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.

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.

2.

Repeal

Title II of the REAL ID Act of 2005 (Division B of Public Law 109–13) is repealed.

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:

E

Improved security for driver’s licenses and personal identification cards

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.

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 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.

(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.

(5)

Permission to board aircraft

Any person not presenting a driver’s license or identification card issued pursuant to this subtitle may be permitted to board a commercial aircraft or denied permission to board such aircraft at the unreviewable discretion of the Secretary or his or her designated security official.

(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)

Citizenship and immigration verification

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)

is an alien lawfully admitted for permanent residence in the United States;

(iii)

has an approved application for asylum or withholding of removal in the United States, or is an alien admitted to the United States as a refugee;

(iv)

is an alien granted temporary residence in the United States;

(v)

is an alien 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 in the United States and has been granted employment authorization;

(viii)

has temporary protected status in the United States or has a pending application for temporary protected status and has been granted employment authorization;

(ix)

has deferred action in the United States;

(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)

is otherwise authorized to be employed 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 a valid, unexpired 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 lawful presence 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)

Beginning not later than 6 years after the day on which final regulations are issued to implement this subtitle, confirm, with the State of record, date of birth information presented by a person to meet the requirements under subsection (c)(1) after the Secretary has determined that—

(A)

an electronic system exists and is adequately deployed to allow States to receive reliable and real-time verification of date of birth information from issuing States; and

(B)

the electronic system includes security and privacy measures necessary to protect the security, confidentiality, and integrity of personally identifiable information.

(6)

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.

(7)

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.

(8)

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.

(9)

Subject all persons authorized to manufacture or produce driver’s licenses and identification cards to appropriate background check requirements.

(10)

Establish fraudulent document recognition and document validation training programs for appropriate employees engaged in the issuance of driver’s licenses and identification cards.

(11)

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)

Assessments

The Secretary shall regularly assess, not less frequently than annually, whether an electronic system—

(1)

exists and is adequately deployed to allow States to receive reliable and real-time verification of date of birth information from issuing States; and

(2)

includes security and privacy measures necessary to protect the security, confidentiality, and integrity of personally identifiable information.

(f)

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).

(g)

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.

(h)

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.

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.

244.

Grants to States

(a)

State Driver’s License Enhancement Grant Program

(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.

(3)

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 subsection.

(b)

Vital Records Digitization Grant Program

(1)

In general

There is established a Vital Records Digitization Grant Program to award grants to assist States in—

(A)

digitizing and ensuring the accuracy of birth certificate information;

(B)

linking death records with birth records; and

(C)

electronically verifying birth records.

(2)

Distribution of grants

The Secretary, through the Administrator of the Federal Emergency Management Agency, and in coordination with the Secretary of Health and Human Services, shall distribute grants awarded under this section to States that submit an application certifying that all birth records issued in that State after 1934 will be digitized and accurate not later than 3 years after receiving such grant.

(3)

Authorization of appropriations

There are authorized to be appropriated to the Secretary $150,000,000, for the 3-year period beginning on October 1, 2010, to carry out this subsection.

245.

State-to-State 1 driver, 1 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.

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.

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.

.

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)

Scanning information from drivers licenses or identification cards

(1)

In general

Except as provided in paragraph (2), and unless authorized by Federal, State, or local law, beginning 6 months after the date on which final regulations are issued under paragraph (2), it shall be unlawful for any person, knowingly and without lawful authority—

(A)

to scan the information contained in the machine readable component of a driver’s license or identification card; and

(B)
(i)

to resell, share or trade that information with any other third parties;

(ii)

track the use of a driver’s license or identification card; or

(iii)

store the information collected.

(2)

Exceptions

(A)

In general

Not later than 2 years after the date of the enactment of the PASS ID Act, the Federal Trade Commission, after providing notice and an opportunity for public comment, shall issue final regulations that provide exceptions to the prohibition under paragraph (1) for acceptable uses of information derived from the machine readable component of a driver’s license or identification card for purposes including preventing fraud, abuse, or criminal activity.

(B)

Acceptable uses

Acceptable uses under subparagraph (A) shall protect the privacy and security of the driver’s license or identification card holder and shall include—

(i)

scanning and sharing personal information for credit checks;

(ii)

scanning and sharing, tracking, or storing personal information for law enforcement purposes;

(iii)

scanning and storing information to prevent consumer fraud;

(iv)

scanning and sharing the information between Federal, State, and local agencies, in accordance with section 552a of title 5, United States Code, and other laws relevant to the protection of the privacy of the individual; and

(v)

scanning and using the information for a purpose for which the driver’s license or identification card holder has given express written consent.

;

(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.

.

5.

Rulemaking

(a)

In general

Notwithstanding chapter 5 of title 5, United States Code, or any other provision of law, not later than 9 months after the date of the enactment of this Act, the Secretary of Homeland Security shall issue interim 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, if not already established under the Privacy Act, through which individuals may access, amend, and correct, as determined appropriate by the agency managing the system, 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.

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.

7.

Annual privacy report

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security, acting through the Chief Privacy Officer and the Civil Rights and Civil Liberties Officer, shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that analyzes the privacy implications of the implementation of this Act.

November 19, 2009

Reported with an amendment