...Markup of the Pass ID Bill by the Senate Homeland Security and Government Affairs Committee

Statement by DHS Press Secretary Sara Kuban on Markup of the Pass ID Bill by the Senate Homeland Security and Government Affairs Committee

“On the same day that Secretary Napolitano highlighted the Department’s efforts to combat terrorism and keep our country safe during a speech in New York City, Congress took a major step forward on the PASS ID secure identification legislation. PASS ID is critical national security legislation that will break a long-standing stalemate with state governments that has prevented the implementation of a critical 9/11 recommendation to establish national standards for driver's licenses. As the 9/11 Commission report noted, fraudulent identification documents are dangerous weapons for terrorists, but progress has stalled towards securing identification documents under the top-down, proscriptive approach of the REAL ID Act -- an approach that has led thirteen states to enact legislation prohibiting compliance with the Act. Rather than a continuing stalemate with the states, PASS ID provides crucial security gains now by establishing common security standards for driver's licenses and a path forward for ensuring that states can electronically verify source documents, including birth certificates. ”

Note: The following text is a quote:

http://www.govtrack.us/congress/billtext.xpd?bill=s111-1261

ext of S. 1261: PASS ID Act
Show this version:

This version: Introduced in Senate. This is the original text of the bill as it was written by its sponsor and submitted to the Senate for consideration. This is the latest version of the bill available on this website.

S 1261 IS
111th CONGRESS
1st Session
S. 1261
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.

IN THE SENATE OF THE UNITED STATES
June 15, 2009
Mr. AKAKA (for himself, Mr. VOINOVICH, Mr. LEAHY, Mr. TESTER, Mr. BAUCUS, and Mr. CARPER) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

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.

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 ‘Providing for Additional Security in States’ Identification Act of 2009’ or the ‘PASS ID Act’.
SEC. 2. REPEAL.
Title II of the REAL ID Act of 2005 (Division B of Public Law 109-13) is repealed.
SEC. 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:
‘Subtitle E—Improved Security for Driver’s Licenses and Personal Identification Cards
‘SEC. 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.
‘SEC. 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.
‘SEC. 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.
‘SEC. 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.
‘SEC. 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.
‘SEC. 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.
‘SEC. 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.’.
SEC. 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.’.
SEC. 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.
SEC. 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.

Previously...

Quote:

http://www.freerepublic.com/focus/f-news/2280286/posts?page=4#4

Note: The following text is a quote:

http://www.dhs.gov/ynews/speeches/sp_1245965901250.shtm

Remarks by Secretary Napolitano at “Pen & Pad” Session With DHS Beat Reporters

Secretary Napolitano: Good afternoon everybody. I thought I’d start with a few points.

A few weeks ago I began speaking about the five major missions of the Department of Homeland Security (DHS): counterterrorism, securing the borders, enforcing smart and effective immigration policies, preparing for, responding to, recovering from disasters; and then building one Department of Homeland Security out of the 22 agencies that were originally put into DHS.

The next four or five weeks are going to be a—keep focus on the counter-terrorism aspect of this Department. Why, because it is the reason this Department was started and there’s a lot of work to be done in that area. One of the first things I will be doing is leaving on a week-long trip Saturday to Europe and to Kuwait where I’ll be working on Homeland Security issues in a variety of ways.

In Ireland we will be evaluating aviation preclearance operations. In other words, there are going to be certain places around the world where we will actually—in a way—push the border out for purposes of loading on cargo for purposes of aviation. We will begin phasing that in on July the 29th. In the U.K., I will meet with the new home secretary Allen Johnson and the new transportation secretary Lord Andrew Adonis on a number of issues, including cyber security, violent extremism and civil aviation security.
In Portugal we are going to be discussing a number of ways in which we can share information involving threats to both countries and also discuss immigration challenges that confront both countries and how we can learn from each other. In Spain I will sign an agreement enhancing the security of air travel, and also discuss implementation of two other agreements we are working on with Spain involving criminal information sharing and science and technology cooperation.

In addition, Spain, as you know, will be the incoming head of the EU and we’ll be discussing the possibility of some agreements that will be EUY with respect to data sharing. Spain, of course, is among Mexico’s most important bilateral partners. We obviously have some important common issues there. For example, how what we are doing vis-à-vis the land with Mexico is affecting the transportation of narcotics by sea and into Europe via Spain.
In Kuwait I will be evaluating our Coast Guard operations in the Gulf—what is happening now—what we think will be happening in the weeks and months to come. In each country—in addition to the bilateral issues, we will discuss matters of common interest to the United States and the European Union including the protection of privacy of information—while at the same time improving law enforcement and security cooperation. We will also be looking at the security enhancements under the 2007 implementing recommendations of the 9/11 Commission Act.

Now, when I get back, I will turn my attention immediately to a bill that was proposed in the Senate this past week known as PASS ID. PASS ID is a national security measure. It fulfills one of the key recommendations of the 9/11 Commission, which was that the Federal Government set a national standard for identification.

While the Federal Government sets the standard, it is up to the states to implement that standard and PASS ID is the bill that provides that implementation mechanism. It’s a common sense bill that’s been worked on with the nation’s governors in a bipartisan fashion. It already has bipartisan support. The National Sheriff’s Association endorsed it a couple of days ago. The Federal Law Enforcement Association just endorsed it as well, so we’ll have law enforcement support coming on board.

But that is a bill that in my view will help us on—really—our never-ending quest to not only fill the mandates of the 9/11 Commission but even improve upon them. So that’s a little bit about the up and coming eight or nine days, but obviously, there’s much else going on as well. And I’d be happy to answer questions about what I’ve just talked about or anything else that’s on your minds.

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This page was last reviewed/modified on June 25, 2009.

4 posted on June 26, 2009 3:21:45 PM PDT by Cindy

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