REAL ID Modernization Act

II Calendar No. 601 116TH CONGRESS 2D SESSION S. 4133 [Report No. 116–303] To modernize the REAL ID Act of 2005, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 1, 2020 Mr. JOHNSON (for himself, Mr. PETERS, Mr. WYDEN, and Mr. WICKER) in- troduced the following bill; which was read twice and referred to the Com- mittee on Homeland Security and Governmental Affairs DECEMBER 7, 2020 Reported by Mr. JOHNSON, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To modernize the REAL ID Act of 2005, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘REAL ID Moderniza- 4 tion Act’’. 5 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4133 RS SEC. 2. REAL ID ACT AMENDMENTS. 1 (a) DEFINITIONS.—Section 201 of the REAL ID Act 2 of 2005 (division B of Public Law 109–13; 49 U.S.C. 3 30301 note) is amended— 4 (1) in paragraph (1)— 5 (A) by striking ‘‘The term ‘driver’s license’ 6 means’’ and inserting the following: ‘‘The term 7 ‘driver’s license’— 8 ‘‘(A) means’’; and 9 (B) by striking ‘‘Code.’’ and inserting the 10 following: ‘‘Code; and 11 ‘‘(B) includes driver’s licenses stored or 12 accessed via electronic means, such as mobile or 13 digital driver’s licenses, which have been issued 14 in accordance with regulations prescribed by the 15 Secretary.’’; and 16 (2) in paragraph (2)— 17 (A) by striking ‘‘The term ‘identification 18 card’ means’’ and inserting the following: ‘‘The 19 term ‘identification card’— 20 ‘‘(A) means’’; and 21 (B) by striking ‘‘State.’’ and inserting the 22 following: ‘‘State; and 23 ‘‘(B) includes identification cards stored or 24 accessed via electronic means, such as mobile or 25 digital identification cards, which have been 26 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4133 RS issued in accordance with regulations prescribed 1 by the Secretary.’’. 2 (b) MINIMUM REQUIREMENTS FOR FEDERAL REC- 3 OGNITION.—Section 202 of the REAL ID Act of 2005 (di- 4 vision B of Public Law 109–13; 49 U.S.C. 30301 note) 5 is amended— 6 (1) in subsection (a)— 7 (A) in paragraph (2), by striking ‘‘, in con- 8 sultation with the Secretary of Transpor- 9 tation,’’; and 10 (B) by adding at the end the following: 11 ‘‘(3) LIMITATION.—The presentation of a dig- 12 ital image of a driver’s license or identification card 13 to an official of a Federal agency may not be con- 14 strued to grant consent for such Federal agency— 15 ‘‘(A) to examine any data (other than the 16 digital document being presented) contained on 17 the personal electronic device on which the li- 18 cense or card is displayed; or 19 ‘‘(B) to otherwise search or seize such de- 20 vice.’’; 21 (2) in subsection (b)— 22 (A) in the subsection header, by striking 23 ‘‘DOCUMENT’’ and inserting ‘‘DRIVER’S LI- 24 CENSE AND IDENTIFICATION CARD’’; 25 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4133 RS (B) in the matter preceding paragraph (1), 1 by inserting ‘‘, or as part of,’’ after ‘‘features 2 on’’; 3 (C) in paragraph (5), by inserting ‘‘, which 4 may be taken at the time the person applies for 5 a driver’s license or identification card or may 6 be a digital photograph of the person that is al- 7 ready on file with the State if the photograph 8 was taken during the 6-year period preceding 9 such application’’ before the period at the end; 10 (D) in paragraph (6), by striking ‘‘prin- 11 ciple’’ and inserting ‘‘principal’’; and 12 (E) in paragraph (8)— 13 (i) by striking ‘‘Physical security’’ and 14 inserting ‘‘Security’’; and 15 (ii) by striking ‘‘document’’ and in- 16 serting ‘‘driver’s license or identification 17 card’’; 18 (3) in subsection (c)— 19 (A) in paragraph (1)— 20 (i) in subparagraph (C), by striking 21 ‘‘Proof of the’’ and inserting ‘‘The’’; and 22 (ii) in subparagraph (D), by striking 23 ‘‘Documentation showing the’’ and insert- 24 ing ‘‘The’’; 25 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4133 RS (B) by redesignating paragraph (3) as 1 paragraph (4); 2 (C) by inserting after paragraph (2) the 3 following: 4 ‘‘(3) ELECTRONIC PRESENTATION OF IDENTITY 5 AND LAWFUL STATUS INFORMATION.—A State may 6 accept information required under paragraphs (1) 7 and (2) through the use of electronic transmission 8 methods if— 9 ‘‘(A) the Secretary issues regulations re- 10 garding such electronic transmission that— 11 ‘‘(i) describe the categories of infor- 12 mation eligible for electronic transmission; 13 and 14 ‘‘(ii) include measures— 15 ‘‘(I) to ensure the authenticity of 16 the information transmitted; 17 ‘‘(II) to protect personally identi- 18 fiable information; and 19 ‘‘(III) to detect and prevent iden- 20 tity fraud; and 21 ‘‘(B) the State certifies to the Department 22 of Homeland Security that its use of such elec- 23 tronic methods complies with regulations issued 24 by the Secretary.’’; and 25 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4133 RS (D) in paragraph (4)(A), as redesignated, 1 by striking ‘‘each document’’ and inserting ‘‘the 2 information and documentation’’; and 3 (4) in subsection (d)— 4 (A) in paragraph (7), by striking ‘‘docu- 5 ment materials and papers’’ and inserting ‘‘ma- 6 terials, records, and data’’; 7 (B) in paragraph (8), by striking ‘‘security 8 clearance requirements’’ and inserting ‘‘back- 9 ground checks’’; and 10 (C) in paragraph (9), by striking ‘‘fraudu- 11 lent document recognition’’ and inserting 12 ‘‘fraud detection and prevention’’. 13 (c) PERMANENT EXTENSION OF GRANTS TO 14 STATES.—Section 204(b) of the REAL ID Act of 2005 15 (division B of Public Law 109–13; 49 U.S.C. 30301 note) 16 is amended by striking ‘‘for each of the fiscal years 2005 17 through 2009’’. 18 (d) RULEMAKING PROCEDURE.—Section 205(a) of 19 the REAL ID Act of 2005 (division B of Public Law 109– 20 13; 49 U.S.C. 30301 note) is amended to read as follows: 21 ‘‘(a) PROCEDURE.—At the Secretary’s discretion, the 22 promulgation of regulations and the administration of this 23 title may be made without regard to— 24 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4133 RS ‘‘(1) chapter 35 of title 44, United States Code 1 (commonly known as the ‘Paperwork Reduction 2 Act’); and 3 ‘‘(2) the notice and comment and delayed effec- 4 tive date provisions under section 553 of title 5, 5 United States Code.’’. 6 (e) NOTIFICATION OF REAL ID ACT OF 2005 RE- 7 QUIREMENTS.—The REAL ID Act of 2005 (division B of 8 Public Law 109–13; 49 U.S.C. 30301 note) is amended 9 by adding at the end the following: 10 ‘‘SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEAD- 11 LINES. 12 ‘‘During the 15-month period beginning 90 days be- 13 fore the date on which Federal agencies will no longer ac- 14 cept, for official purposes, driver’s licenses and identifica- 15 tion cards that do not comply with the requirements under 16 section 202, aircraft operators and third party reservation 17 entities shall notify passengers, to the extent practicable, 18 about the requirements and enforcement deadlines under 19 this Act.’’. 20 SEC. 3. IMMEDIATE BURDEN REDUCTION MEASURES. 21 Notwithstanding any other provision of law, begin- 22 ning on the date of the enactment of this Act, a State 23 does not need to require an applicant for a driver’s license 24 or identification card to provide separate documentation 25 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 4133 RS of the applicant’s Social Security account number or ad- 1 dress of principal residence in order to comply with section 2 201 of the REAL ID Act of 2005, as amended by section 3 2(a). 4 SECTION 1. SHORT TITLE. 5 This Act may be cited as the ‘‘REAL ID Moderniza- 6 tion Act’’. 7 SEC. 2. REAL ID ACT AMENDMENTS. 8 (a) DEFINITIONS.—Section 201 of the REAL ID Act 9 of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 10 note) is amended— 11 (1) in paragraph (1)— 12 (A) by striking ‘‘The term ‘driver’s license’ 13 means’’ and inserting the following: ‘‘The term 14 ‘driver’s license’— 15 ‘‘(A) means’’; and 16 (B) by striking ‘‘Code.’’ and inserting the 17 following: ‘‘Code; and 18 ‘‘(B) includes driver’s licenses stored or 19 accessed via electronic means, such as mobile or 20 digital driver’s licenses, which have been issued 21 in accordance with regulations prescribed by the 22 Secretary.’’; and 23 (2) in paragraph (2)— 24 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 4133 RS (A) by striking ‘‘The term ‘identification 1 card’ means’’ and inserting the following: ‘‘The 2 term ‘identification card’— 3 ‘‘(A) means’’; and 4 (B) by striking ‘‘State.’’ and inserting the 5 following: ‘‘State; and 6 ‘‘(B) includes identification cards stored or 7 accessed via electronic means, such as mobile or 8 digital identification cards, which have been 9 issued in accordance with regulations prescribed 10 by the Secretary.’’. 11 (b) MINIMUM REQUIREMENTS FOR FEDERAL REC- 12 OGNITION.—Section 202 of the REAL ID Act of 2005 (divi- 13 sion B of Public Law 109–13; 49 U.S.C. 30301 note) is 14 amended— 15 (1) in the section heading, by striking ‘‘DOCU- 16 MENT’’; 17 (2) in subsection (a)— 18 (A) in paragraph (2), by striking ‘‘, in con- 19 sultation with the Secretary of Transportation,’’; 20 and 21 (B) by adding at the end the following: 22 ‘‘(3) LIMITATION.—The presentation of digital 23 information from a mobile or digital driver’s license 24 or identification card to an official of a Federal agen- 25 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 4133 RS cy for an official purpose may not be construed to 1 grant consent for such Federal agency to seize the 2 electronic device on which the license or card is stored 3 or to examine any other information contained on 4 such device.’’; 5 (3) in subsection (b)— 6 (A) in the subsection heading, by striking 7 ‘‘DOCUMENT’’ and inserting ‘‘DRIVER’S LICENSE 8 AND IDENTIFICATION CARD’’; 9 (B) in the matter preceding paragraph (1), 10 by inserting ‘‘, or as part of,’’ after ‘‘features 11 on’’; 12 (C) in paragraph (5), by inserting ‘‘, which 13 may be the photograph taken by the State at the 14 time the person applies for a driver’s license or 15 identification card or may be a digital photo- 16 graph of the person that is already on file with 17 the State if the photograph was taken of the per- 18 son by the State during the 6-year period pre- 19 ceding such application’’ before the period at the 20 end; 21 (D) in paragraph (6), by striking ‘‘prin- 22 ciple’’ and inserting ‘‘principal’’; and 23 (E) in paragraph (8)— 24 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 4133 RS (i) by striking ‘‘Physical security’’ and 1 inserting ‘‘Security’’; and 2 (ii) by striking ‘‘document’’ and insert- 3 ing ‘‘driver’s license or identification card’’; 4 (4) in subsection (c)— 5 (A) in paragraph (1)— 6 (i) in subparagraph (C), by striking 7 ‘‘Proof of the’’ and inserting ‘‘The’’; and 8 (ii) in subparagraph (D), by striking 9 ‘‘Documentation showing the’’ and inserting 10 ‘‘The’’; 11 (B) by redesignating paragraph (3) as 12 paragraph (4); 13 (C) by inserting after paragraph (2) the fol- 14 lowing: 15 ‘‘(3) ELECTRONIC PRESENTATION OF IDENTITY 16 AND LAWFUL STATUS INFORMATION.—A State may 17 accept information required under paragraphs (1) 18 and (2) through the use of electronic transmission 19 methods if— 20 ‘‘(A) the Secretary issues regulations re- 21 garding such electronic transmission that— 22 ‘‘(i) describe the categories of informa- 23 tion eligible for electronic transmission; and 24 ‘‘(ii) include measures— 25 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 4133 RS ‘‘(I) to ensure the authenticity of 1 the information transmitted; 2 ‘‘(II) to protect personally identi- 3 fiable information; and 4 ‘‘(III) to detect and prevent iden- 5 tity fraud; and 6 ‘‘(B) the State certifies to the Department of 7 Homeland Security that its use of such electronic 8 methods complies with regulations issued by the 9 Secretary.’’; and 10 (D) in paragraph (4)(A), as redesignated, 11 by striking ‘‘each document’’ and inserting ‘‘the 12 information and documentation’’; and 13 (5) in subsection (d)— 14 (A) in paragraph (7), by striking ‘‘docu- 15 ment materials and papers’’ and inserting ‘‘ma- 16 terials, records, and data’’; 17 (B) in paragraph (8), by striking ‘‘security 18 clearance requirements’’ and inserting ‘‘back- 19 ground checks’’; and 20 (C) in paragraph (9), by striking ‘‘fraudu- 21 lent document recognition’’ and inserting ‘‘fraud 22 detection and prevention’’. 23 VerDate Sep 11 2014 00:36 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S4133.RS S4133 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 4133 RS (c) REPEAL OF GRANTS TO STATES.—The REAL ID 1 Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 2 30301 note) is amended by striking section 204. 3 (d) RULEMAKING PROCEDURE.—Section 205(a) of the 4 REAL ID Act of 2005 (division B of Public Law 109–13; 5 49 U.S.C. 30301 note) is amended to read as follows: 6 ‘‘(a) PROCEDURE.—At the Secretary’s discretion, the 7 promulgation of regulations and the administration of this 8 title may be made without regard to— 9 ‘‘(1) chapter 35 of title 44, United States Code 10 (commonly known as the ‘Paperwork Reduction Act’); 11 and 12 ‘‘(2) the notice and comment and delayed effec- 13 tive date provisions under section 553 of title 5, 14 United States Code.’’. 15 (e) NOTIFICATION OF REAL ID ACT OF 2005 RE- 16 QUIREMENTS.—The REAL ID Act of 2005 (division B of 17 Public Law 109–13; 49 U.S.C. 30301 note) is amended by 18 adding at t [Text truncated for display. 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