Statements on Introduced Bills and Joint Resolutions: S. 126 |
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Senator Steve Daines
Congressional Record: 115th Congress
12 January 2017
By Mr. DAINES (for himself, Mr. Paul, and Mr. Tester):
S. 126. A bill to amend the Real ID Act of 2005 to repeal provisions
requiring uniform State driver's licenses and State identification
cards, and for other purposes; to the Committee on Homeland Security
and Governmental Affairs.
Mr. DAINES. Mr. President, in 2005, the Federal Government enacted
the REAL ID Act, imposing Federal standards established by the
Department of Homeland Security to the process and production of the
issuance of States' driver's licenses and identification cards.
This law was an underfunded, top down, Federal mandate, infringing on
personal privacy, increasing the personal information susceptible to
cyber-attacks, and undermining State sovereignty. Furthermore, a REAL
ID compliant State ID will be required for all ``official federal
purposes,'' including boarding commercial aircraft, impeding the
movement of American citizens.
Montana led opposition to this Federal mandate. In 2007, Montana
enacted a law, after both chambers of the State legislature unanimously
passing legislation, refusing to comply.
That is why I am reintroducing the Repeal ID Act--to allow Montana
and other States to implement their laws, protecting their sovereignty
and citizens' information. Consistent with the Montana State
legislature, this legislation will repeal the REAL ID Act of 2005.
Montanans are fully aware of the power that big data holds and the
consequences when that data is abused. Montana has shown how States are
best equipped to make licenses secure, without sacrificing the privacy
and rights of their citizens. The Repeal ID Act will allow us to strike
a balance that protects our national security, while also safeguarding
Montanans' civil liberties and personal privacy.
I want to thank Senators Paul and Tester for being original
cosponsors of this bill and I ask my other Senate colleagues to join us
in support of this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 126
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeal ID Act of 2017''.
SEC. 2. REPEAL OF REQUIREMENTS FOR UNIFORM STATE DRIVER'S
LICENSES AND STATE IDENTIFICATION CARDS.
(a) Repeal.--Title II of the Real ID Act of 2005 (division
B of Public Law 109-13) is amended by striking sections 201
through 205 (49 U.S.C. 30301 note).
(b) Conforming Amendments.--
(1) Criminal code.--Section 1028(a)(8) of title 18, United
States Code, is amended by striking ``false or actual
authentication features'' and inserting ``false
identification features''.
(2) Intelligence reform and terrorism prevention act of
2004.--
(A) In general.--Subtitle B of title VII of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) is amended by inserting after section
7211 the following:
``SEC. 7212. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION
CARDS.
``(a) Definitions.--In this section:
``(1) Driver's license.--The term `driver's license' 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 identification document (as
defined in section 1028(d)(3) of title 18, United States
Code) that has been 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 purpose, a driver's license or
personal identification card newly issued by a State more
than 2 years after the promulgation of the minimum standards
under paragraph (2) unless the driver's license or personal
identification card conforms to such minimum standards.
``(B) Date for conformance.--The Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, shall establish a date after which no
driver's license or personal identification card shall be
accepted by a Federal agency for any official purpose unless
such driver's license or personal identification card
conforms to the minimum standards established under paragraph
(2). The date shall be as early as the Secretary determines
it is practicable for the States to comply with such date
with reasonable efforts.
``(C) State certification.--
``(i) In general.--Each State shall certify to the
Secretary of Transportation that the State is in compliance
with the requirements of this section.
``(ii) Frequency.--Certifications under clause (i) shall be
made at such intervals and in such a manner as the Secretary
of Transportation, with the concurrence of the Secretary of
Homeland Security, may prescribe by regulation.
``(iii) Audits.--The Secretary of Transportation may
conduct periodic audits of each State's compliance with the
requirements of this section.
``(2) Minimum standards.--Not later than 18 months after
the date of the enactment of this Act, the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, shall establish, by regulation, minimum
standards for driver's licenses or personal identification
cards issued by a 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 driver's license or personal
identification card;
``(B) standards for the verifiability of documents used to
obtain a driver's license or personal identification card;
``(C) standards for the processing of applications for
driver's licenses and personal identification cards to
prevent fraud;
``(D) standards for information to be included on each
driver's license or personal identification card, including--
``(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 digital photograph of the person;
``(vi) the person's address of principal residence; and
``(vii) the person's signature;
``(E) standards for common machine-readable 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 driver's licenses
and personal identification cards are--
``(i) resistant to tampering, alteration, or
counterfeiting; and
``(ii) capable of accommodating and ensuring the security
of a digital 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 license or identification card is
compromised.
``(3) Content of regulations.--The regulations required
under paragraph (2)--
``(A) shall facilitate communication between the chief
driver licensing official of a State, an appropriate official
of a Federal agency and other relevant officials, to verify
the authenticity of documents, as appropriate, issued by such
Federal agency or entity and presented to prove the identity
of an individual;
``(B) may not infringe on a State's power to set criteria
concerning what categories of individuals are eligible to
obtain a driver's license or personal identification card
from that State;
``(C) may not require a State to comply with any such
regulation that conflicts with or otherwise interferes with
the full enforcement of State criteria concerning the
categories of individuals that are eligible to obtain a
driver's license or personal identification card from that
State;
``(D) may not require a single design to which driver's
licenses or personal identification cards issued by all
States must conform; and
``(E) shall include procedures and requirements to protect
the privacy rights of individuals who apply for and hold
driver's licenses and personal identification cards.
``(4) Negotiated rulemaking.--
``(A) In general.--Before publishing the proposed
regulations required by paragraph (2) to carry out this
title, the Secretary of Transportation 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.).
``(B) Representation on negotiated rulemaking committee.--
Any negotiated rulemaking committee established by the
Secretary of Transportation pursuant to subparagraph (A)
shall include representatives from--
``(i) among State offices that issue driver's licenses or
personal identification cards;
``(ii) among State elected officials;
``(iii) the Department of Homeland Security; and
``(iv) among interested parties.
``(C) Time requirement.--The process described in
subparagraph (A) shall be conducted in a timely manner to
ensure that--
``(i) any recommendation for a proposed rule or report is
provided to the Secretary of Transportation not later than 9
months after the date of enactment of this Act and shall
include an assessment of the benefits and costs of the
recommendation; and
``(ii) a final rule is promulgated not later than 18 months
after the date of enactment of this Act.
``(c) Grants to States.--
``(1) Assistance in meeting federal standards.--Beginning
on the date a final regulation is promulgated under
subsection (b)(2), the Secretary of Transportation shall
award grants to States to assist them in conforming to the
minimum standards for driver's licenses and personal
identification cards set forth in the regulation.
``(2) Allocation of grants.--The Secretary of
Transportation shall award grants to States under this
subsection based on the proportion that the estimated average
annual number of driver's licenses and personal
identification cards issued by a State applying for a grant
bears to the average annual number of such documents issued
by all States.
``(3) Minimum allocation.--Notwithstanding paragraph (2),
each State shall receive not less than 0.5 percent of the
grant funds made available under this subsection.
``(d) Extension of Effective Date.--The Secretary of
Transportation may extend the date specified under subsection
(b)(1)(A) for up to 2 years for driver's licenses issued by a
State if the Secretary determines that the State made
reasonable efforts to comply with the date under such
subsection but was unable to do so.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation for each of the fiscal years 2005 through
2009, such sums as may be necessary to carry out this
section.''.
(B) Effective date.--Section 7212 of the Intelligence
Reform and Terrorism Prevention Act of 2004, as added by
subparagraph (A), shall take effect as if included in the
original enactment of such Act on December 17, 2004.