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To extend the deadline by which State identification documents shall comply with certain minimum standards and for other purposes. (Introduced in Senate)
S 563 IS

110th CONGRESS1st SessionS. 563To 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

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A BILLTo extend the deadline by which State identification documents shall comply with certain minimum standards and for other purposes.

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

SECTION 1. MINIMUM DOCUMENT REQUIREMENTS.

Section 202(a)(1) of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended by striking `3 years after the date of the enactment of this division’ and inserting `2 years after the promulgation of final regulations to implement this section’.

SEC. 2. AUTHORITY TO EXTEND COMPLIANCE DEADLINES.

Section 205(b) of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended–

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  (1) by striking `The Secretary’ and inserting the following:

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  `(1) IN GENERAL- The Secretary’; and

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  (2) by adding at the end the following:

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  `(2) LACK OF VALIDATION SYSTEMS- If the Secretary determines that the Federal or State electronic systems required to verify the validity and completeness of documents under section 202(c)(3) are not available to any State on the date described in section 202(a)(1), the requirements under section 202(c)(1) shall not apply to any State until adequate electronic validation systems are available to all States.’.

SEC. 3. NEGOTIATED RULEMAKING.

(a) Negotiated Rulemaking Committee- The Secretary of Homeland Security shall reconvene the committee originally established pursuant to section 7212(b)(4) of the 9/11 Commission Implementation Act of 2004 (49 U.S.C. 30301 note), with the addition of any new interested parties, including experts in privacy protection, experts in civil liberties and protection of constitutional rights, and experts in immigration law, to–

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  (1) review the regulations proposed by the Secretary of Homeland Security to implement section 202 of the REAL ID Act of 2005 (49 U.S.C. 30301 note);

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  (2) review the provisions of the REAL ID Act of 2005;

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  (3) submit recommendations to the Secretary of Homeland Security regarding appropriate modifications to such regulations; and

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  (4) submit recommendations to the Secretary of Homeland Security and Congress regarding appropriate modifications to the REAL ID Act of 2005.

(b) Criteria- In conducting the review under subsection (a)(1), the committee shall consider, in addition to other factors at the discretion of the committee, modifications to the regulations to–

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  (1) minimize conflicts between State laws regarding driver’s license eligibility;

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  (2) include procedures and requirements to protect the Federal and State constitutional rights, civil liberties, and privacy rights of individuals who apply for and hold driver’s licenses and personal identification cards;

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  (3) protect the security of all personal information maintained in electronic form;

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  (4) provide individuals with procedural and substantive due process, including rules and right of appeal, to challenge errors in data records contained within the databases created to implement section 202 of the REAL ID Act of 2005;

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  (5) ensure that private entities are not permitted to scan the information contained on the face of a license, or in the machine readable component of the license, and resell, share, or trade such information with third parties;

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  (6) provide a fair system of funding to limit the costs of meeting the requirements of section 202 of the REAL ID Act of 2005;

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  (7) facilitate the management of vital identity-proving records; and

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  (8) improve the effectiveness and security of Federal documents used to validate identification.

(c) Rulemaking- To the extent that the final regulations to implement section 202 of the REAL ID Act of 2005 do not reflect the modifications recommended by the committee pursuant to subsection (a)(3), the Secretary of Homeland Security shall include, with such regulations in the Federal Register, the reasons for rejecting such modifications.

(d) Reports- Upon submitting recommendations to the Secretary of Homeland Security under subsection (a), the committee 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 includes–

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  (1) the list of recommended modifications to the regulations that were submitted to the Secretary of Homeland Security under subsection (a)(3); and

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  (2) a list of recommended amendments to the Real ID Act of 2005 that would address any concerns that could not be resolved by regulation.

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