Pub. L. 116-260, div. U, tit. X, sec. 1001 (as amended)

REAL ID MODERNIZATION.

Year: 2026Length: 819 wordsOfficial source
SEC. 1001. REAL ID MODERNIZATION. (a) [49 U.S.C. 30101 note] Short Title.—This title may be cited as the “REAL ID Modernization Act”. (b) REAL ID Act Amendments.— (1) Definitions.—Section 201 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note) is amended— (A) in paragraph (1)— (i) by striking “The term ‘driver’s license’ means” and inserting the following:“The term ‘driver’s license’— “(A) means” ; and (ii) by striking “Code.” and inserting the following:“Code; and “(B) includes driver’s licenses stored or accessed via electronic means, such as mobile or digital driver’s licenses, which have been issued in accordance with regulations prescribed by the Secretary.” ; and (B) in paragraph (2)— (i) by striking “The term ‘identification card’ means” and inserting the following:“The term ‘identification card’— “(A) means” ; and (ii) by striking “State.” and inserting the following:“State; and “(B) includes identification cards stored or accessed via electronic means, such as mobile or digital identification cards, which have been issued in accordance with regulations prescribed by the Secretary.” . (2) Minimum requirements for federal recognition.—Section 202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note) is amended— (A) in the section heading, by striking “document”; (B) in subsection (a)— (i) in paragraph (2), by striking “, in consultation with the Secretary of Transportation,”; and (ii) by adding at the end the following: “(3) Limitation.—The presentation of digital information from a mobile or digital driver’s license or identification card to an official of a Federal agency for an official purpose may not be construed to grant consent for such Federal agency to seize the electronic device on which the license or card is stored or to examine any other information contained on such device.” ; (C) in subsection (b)— (i) in the subsection heading, by striking “Document” and inserting “Driver’s License and Identification Card”; (ii) in the matter preceding paragraph (1), by inserting “, or as part of,” after “features on”; (iii) in paragraph (5), by inserting “, which may be the photograph taken by the State at the time the person applies for a driver’s license or identification card or may be a digital photograph of the person that is already on file with the State” before the period at the end; (iv) in paragraph (6), by striking “principle” and inserting “principal”; and (v) in paragraph (8)— (I) by striking “Physical security” and inserting “Security”; and (II) by striking “document” and inserting “driver’s license or identification card”; (D) in subsection (c)— (i) in paragraph (1)(C), by striking “Proof of the” and inserting “The”; (ii) by redesignating paragraph (3) as paragraph (4); (iii) by inserting after paragraph (2) the following: “(3) Electronic presentation of identity and lawful status information.—A State may accept information required under paragraphs (1) and (2) through the use of electronic transmission methods if— “(A) the Secretary issues regulations regarding such electronic transmission that— “(i) describe the categories of information eligible for electronic transmission; and “(ii) include measures— “(I) to ensure the authenticity of the information transmitted; “(II) to protect personally identifiable information; and “(III) to detect and prevent identity fraud; and “(B) the State certifies to the Department of Homeland Security that its use of such electronic methods complies with regulations issued by the Secretary.” ; and (iv) in paragraph (4)(A), as redesignated, by striking “each document” and inserting “the information and documentation”; and (E) in subsection (d)— (i) in paragraph (7), by striking “document materials and papers” and inserting “materials, records, and data”; (ii) in paragraph (8), by striking “security clearance requirements” and inserting “background checks”; and (iii) in paragraph (9), by striking “fraudulent document recognition” and inserting “fraud detection and prevention”. (3) Repeal of grants to states.—The REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note) is amended by striking section 204. (4) Notification of real id act of 2005 requirements.—The REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note) is amended by adding at the end the following: “SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEADLINES “During the 15-month period beginning 90 days before the date on which Federal agencies will no longer accept, for official purposes, driver’s licenses and identification cards that do not comply with the requirements under section 202, aircraft operators and third party reservation entities shall notify passengers about the requirements and enforcement deadlines under this Act.” . (c) [49 U.S.C. 30301 note] Immediate Burden Reduction Measures.—Notwithstanding any other provision of law (including regulations), beginning on the date of the enactment of this Act, a State does not need to require an applicant for a driver’s license or identification card to provide separate documentation of the applicant’s Social Security account number in order to comply with the requirements of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note).
Cross-references to the US Code
49 U.S.C. 30101 note49 U.S.C. 30301 note
Public laws referenced
109-13
Pub. L. 116-260, div. U, tit. X, sec. 1001 (as amended): REAL ID MODERNIZATION. | Justis AI