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Committee on Homeland Security and Governmental AffairsIntroducedJune 15th, 2009
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PASS ID Act
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.
Providing for Additional Security in States' Identification Act of 2009 or the PASS ID Act - (Sec. 2) Repeals title II (Improved Security for Driver's Licenses and Personal Identification Cards) of the REAL ID Act of 2005. (Sec. 3) Amends the Homeland Security Act of 2002 to prohibit federal agencies from accepting state-issued driver's licenses and personal identification cards unless the state issues such licenses and cards that are materially compliant with the minimum standards of this Act. Authorizes the Secretary of Homeland Security to certify any driver's license or identification card, including an Enhanced Driver's License designated by the Secretary under the 9/11 Commission Implementation Act of 2004, as compliant with the requirements of this Act if the Secretary determines, after review, that it meets them. Allows any person not presenting a state-issued driver's license or identification card to be permitted to board a commercial aircraft, or be denied such permission, upon the unreviewable discretion of the Secretary or his or her designated security official. Specifies minimum document requirements and issuance standards for such licenses and cards, including personal information, a combination of security features, a common machine-readable technology, a digital photo, and certain documentation. Requires a state, before issuing a driver's license or identification card, to verify that a person: (1) is a U.S. citizen or national, or an alien lawfully admitted for permanent residence in the United States; or (2) is an alien meeting certain other lawful immigrant or nonimmigrant requirements (for whom the state may issue only a temporary driver's license or identification card). Requires the Secretary to assess annually whether an electronic system: (1) exists to allow states to receive reliable verification of date of birth information from a license or card issuing state; and (2) includes measures to protect the confidentiality of personally identifiable information. Directs the Secretary to enter into the appropriate aviation security screening database information on persons who have been convicted of using a false driver's license at an airport Establishes: (1) a State Driver's License Enhancement Grant Program to assist states in conforming to the minimum standards of this Act; and (2) a Vital Records Digitization Grant Program to assist states in digitizing birth records. Authorizes appropriations for: (1) FY2010-FY2015 for the State Driver's License Enhancement Grant Program; and (2) FY2011-FY2013 for the Vital Records Digitization Grant Program. Directs the Secretary to establish a state-to-state one driver, one license demonstration program in part to evaluate 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 Act by one state does not retain a driver's license or identification card issued in accordance with this Act by another state. Authorizes appropriations for FY2010-FY2012. (Sec. 4) Makes it unlawful, with specified exceptions, for a person knowingly and without lawful authority to: (1) scan the information contained in the machine readable component of a driver's license or identification card; and (2) resell, share, trade, or store such information, or track the use of a driver's license or identification card. (Sec. 7) Requires the Secretary, acting through the Chief Privacy Officer and the Civil Rights and Civil Liberties Officer, to report to Congress on the privacy implications of implementing this Act.