H.R. 1117 would repeal title II of the REAL ID Act of 2005 and reinstitute section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which provides States additional regulatory flexibility and funding authorization to more rapidly produce tamper- and counterfeit-resistant driver's licenses and protects privacy and civil liberties by providing interested stakeholders on a negotiated rulemaking with guidance to achieve improved 21st century licenses to improve national security.

== Detailed Summary ==
Initially introduced in the waning hours of the 109th Congress as S. 4177, by Senators Daniel Akaka (D-HI) and John Sununu (R-NH), the Identification Security Enhancement Act seeks to replace the unworkable, rigid Title II of the REAL ID Act, Public Law 109-13, with a licensing system that states can actually implement. To that end, the Identification Security Enhancement Act essentially reinstates Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which was repealed by REAL ID, and provides states with additional regulatory flexibility and funding authorization to more rapidly produce tamper- and counterfeit-resistant driver’s licenses. The Identification Security Enhancement Act also builds in statutory protections for personal privacy and civil liberties.

Section 1.
* Provides that Act may be cited as the Identification Security Enhancement Act.

Section 2.
* Replaces Title II of the REAL ID Act with amended statutory language as set forth in the Identification Security Enhancement Act.

Section 3.
* Provides definitions for terms.
* Limits a Federal Agency’sAgency's ability to accept a noncompliant state license issued more than two years after negotiated rule makers convened under the Identification Security Enhancement Act promulgate minimum licensing standards and those standards are issued by the Secretary of the Department of Homeland Security (“DHS”).("DHS").
* Requires all states to be in full conformance with the minimum licensing standards by five years after their issuance and provides the Secretary of DHS with the authority to waive that date if the Secretary determines that it is impracticable for states to comply.
* Requires states to periodically certify their compliance to the Secretary of DHS, and permits audits by DHS of that compliance.
* Requires that the minimum standards issued by DHS include standards for: (i) documentation showing proof of identity; (ii) verifiability of documents produced to obtain a license; (iii) application processing to prevent fraud; (iv) information to be contained on the face of the card; (v) a machine readable zone on the card; (vi) security to ensure licenses are tamper- and counterfeit resistant and will protect the security of a unique identifier; and (vii) requiring states to confiscate comprised licenses.
* Establishes a negotiated rulemaking committee pursuant to the Administrative Procedures Act, 5 U.S.C. §§ 561, et seq. Negotiated Rulemakers are required to provide their recommendations to the Secretary of DHS no later than nine months after enactment of the Identification Security Enhancement Act. The Secretary of DHS must also issue a final rule responding to those recommendations not later than 1 year after enactment of the Act.
* Allocates representation on the Negotiated Rulemaking Committee to interested stakeholders including representatives of the state licensing offices, state elected officials, the U.S. Department of Transportation, and those with expertise in protecting privacy, civil liberties, constitutional rights and immigration law.
* Sets contours for some of the recommendations to be created by the Negotiated Rulemakers
* Creates grants for states and a formula for allocating grant funds
* Allows the Secretary of DHS to extend the date of full conformance by up to two years for any state if the Secretary deems that state to have made reasonable efforts to comply with the minimum standards issued.

Section 4.
Authorizes the Secretary of DHS to appropriate up to $300 million per annum for each of the fiscal years 2007 through 2013 to carry out the Identification Security Enhancement Act.

== Status of the Legislation ==

Currently has 19 House co-sponsors and has been referred to both the House Judiciary Committee and the House Oversight & Government Reform Committee.

== Points in Favor ==

Provides a realistic solution to the Real ID nightmare by replacing the unworkable Title II of the Real ID Act with a negotiated process that brings all interested stakeholders together to redesign state driver's licenses. That negotiated process would eliminate constitutional and privacy concerns that plague the Real ID Act.

== Points Against ==

(Log in to edit the wiki and be the first to show why the bill should not pass!)
<!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! -->