[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3107 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3107

  To improve the security of State-issued driver's licenses, enhance 
   highway safety, verify personal identity, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 10, 2002

Mr. Durbin (for himself and Mr. McCain) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To improve the security of State-issued driver's licenses, enhance 
   highway safety, verify personal identity, 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 ``Driver's License Fraud Prevention 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The State-issued driver's license is the most widely 
        used form of personal identification in the United States. 
        Across the Nation, countless law enforcement agencies, 
        retailers, financial institutions, transportation agencies and 
        carriers, and employers acknowledge the presentation of a 
        State-issued driver's license as an acceptable and reliable 
        method of identity verification.
            (2) The licensing of drivers in the United States has 
        historically varied widely, with no national or agreed upon 
        State standards for content or format for licenses, or for 
        procedures for the issuance of licenses. The differences among 
        States in the issuance process and the levels of security of 
        the license have created problems of national concerns. 
        Terrorist organizations, including al Qaeda operatives involved 
        in the attacks of September 11, 2001, have exploited these 
        differences. Without uniform standards and procedures for the 
        issuance of driver's licenses, driver's licenses can be 
        obtained using fraudulent identity and residency documents, and 
        driver's licenses can often be easily counterfeited.
            (3) As a result of the Commercial Motor Vehicle Safety Act 
        of 1986 and the regulations promulgated pursuant to that Act, 
        commercial drivers are no longer able to legally obtain 
        multiple commercial licenses. However, no similar system is in 
        place to ensure one driver, one driver's license, one driving 
        record for each driver of a noncommercial motor vehicle. A one 
        driver, one license, one driving record system ensures that 
        States can better identify problem drivers, strengthen 
        licensing processes, increase licensing security, reduce 
        licensing fraud, and improve monitoring of a driver's 
        performance.
            (4) Highway safety is at risk when problem drivers apply 
        for, obtain, and use multiple licenses issued under different 
        identities, or by different States, in order to hide their 
        driving convictions. Protection of highway safety by law 
        enforcement and driver licensing personnel would benefit from 
        an improved information system that permits ready 
        identification of individuals holding fraudulent driver's 
        licenses.
            (5) Identity theft is one of the fastest growing societal 
        problems. According to the Federal Trade Commission, identity 
        theft was the top consumer fraud problem of 2001, and it 
        continues to cost American consumers and businesses billions of 
        dollars in losses.
            (6) While the issuance of driver's licenses is 
        unequivocally a power of the States, the Federal Government can 
        work cooperatively with the States in crafting solutions to 
        curtail future abuse of driver's licenses, improve the security 
        of driver's licenses, and prevent problem drivers from 
        obtaining multiple licenses to hide convictions, without 
        developing a national identification system or card.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To prevent the issuance or procurement of a State-
        issued driver's license through fraud.
            (2) To assist the States in improving their processes for 
        the issuance of motor vehicle driver's licenses without 
        affecting any State's authority to make a determination of who 
        is eligible to obtain a driver's license in such State.
            (3) To prevent the issuance of multiple driver's licenses 
        to the same individual.
            (4) To prevent the manufacture, distribution, marketing, 
        sale, procurement, or use of altered or counterfeit driver's 
        licenses.
            (5) To establish minimum security features for driver's 
        licenses.
            (6) To ensure that a driver's privacy and confidential 
        information are protected.

SEC. 4. DEFINITIONS.

    (a) Definitions.--In this Act:
            (1) National driver register.--The term ``National Driver 
        Register'' means the information system established under 
        section 30302 of title 49, United States Code.
            (2) Commercial driver's license information system.--The 
        term ``Commercial Driver's License Information System'' means 
        the information system administered under section 31309 of such 
        title.
            (3) Driver's license.--The term ``driver's license'' has 
        the meaning given such term in section 30301(5) of such title, 
        as amended by subsection (b)(1).
    (b) Amendments for Chapter 303.--
            (1) Driver's license.--
                    (A) Definition.--Section 30301(5) of title 49, 
                United States Code, is amended by striking ```motor 
                vehicle operator's license''' and inserting ```driver's 
                license'''.
                    (B) Conforming amendments.--Chapter 303 of such 
                title is amended--
                            (i) by striking ``motor vehicle operator's 
                        license'' each place it appears and inserting 
                        ``driver's license''; and
                            (ii) in section 30305(b)(6), by striking 
                        ``motor vehicle operator's licenses'' and 
                        inserting ``driver's licenses''.
            (2) New definitions.--Section 30301 of title 49, United 
        States Code, is amended by adding at the end the following new 
        paragraphs:
            ``(9) `Commercial driver's license' has the meaning given 
        that term in section 31301 of this title.
            ``(10) `Identification card' means an identification card 
        issued to an individual by a State through its chief driver 
        licensing official.''.
    (c) Amendment for Chapter 313.--Section 31301(6) of title 49, 
United States Code, is amended to read as follows:
            ``(6) `driver's license' means a license issued by a State 
        authorizing an individual to operate a motor vehicle on public 
        streets, roads, or highways.''.

            TITLE I--FRAUD PREVENTION AND CRIMINAL PENALTIES

SEC. 101. UNIQUE IDENTIFIER STUDY.

    (a) Study.--The Secretary of Transportation shall complete an 
assessment of--
            (1) the personal information and characteristics recorded 
        by the States to identify individuals for purposes of issuing 
        driver's licenses, and the effectiveness of such information 
        and characteristics in promoting driver's license integrity;
            (2) potential methods for uniquely identifying individuals, 
        including using biometric identifiers, drawing on the research 
        completed by the Federal Motor Carrier Safety Administration 
        with respect to drivers of commercial motor vehicles;
            (3) the cost and practical feasibility of using a unique 
        identifier to identify drivers nationwide and the time needed 
        to fully implement such a system; and
            (4) the anticipated effects of use of possible unique 
        identifiers on driver's licenses, specifically, the effects on 
        driver's license integrity, the use of the driver's license for 
        identification purposes, personal privacy, and prevention of 
        identity theft.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary of Transportation shall submit a report on the 
results of the assessment required by subsection (a) to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate. The report may include any recommendations that the Secretary 
considers appropriate.
    (c) Biometric Identifier.--For purposes of this section the term 
``biometric identifier'' means a physical characteristic or combination 
of physical characteristics that may be used in automated methods of 
authenticating or verifying the identity of an individual.

SEC. 102. NEW REQUIREMENTS AND CRIMINAL PENALTIES.

    (a) Redesignation.--Chapter 303 of title 49, United States Code, is 
amended by redesignating sections 30306, 30307, and 30308 as sections 
30311, 30312, and 30315, respectively.
    (b) Requirements and Penalties.--Chapter 303 of such title is 
further amended by--
            (1) inserting after section 30305 the following new 
        sections:
``Sec. 30306. Minimum identification requirements
    ``The Secretary of Transportation, in consultation with the chief 
driver licensing official of each participating State and any 
organization that represents the interests of the States determined 
appropriate by the Secretary, shall prescribe regulations under 
subchapter III of chapter 5 of title 5 that set forth minimum standards 
for processing driver's license and identification card applications, 
including proof of the identity of an applicant for a driver's license 
or identification card, that shall be applied uniformly by the 
participating States. Such regulations--
            ``(1) may authorize the chief driver licensing official of 
        a State to communicate with an appropriate official of a 
        Federal agency to verify the authenticity of documents 
        presented to prove the identity of an individual issued by such 
        Federal agency;
            ``(2) may not directly or indirectly infringe on a State's 
        power to set eligibility criteria for obtaining a driver's 
        license or identification card from that State; and
            ``(3) may not require a State to comply with any such 
        regulation that conflicts with or otherwise interferes with the 
        full enforcement of such eligibility criteria by the State.
``Sec. 30307. Security of driver's licenses
    ``(a) License Security.--The Secretary of Transportation, in 
consultation with the chief driver licensing official of each 
participating State, organizations that prescribe or recommend security 
standards, security experts, and other interested parties, shall 
prescribe regulations under subchapter III of chapter 5 of title 5 that 
set out the minimum security standards that shall be applied by a 
participating State to prevent fraud in the issuance or use of a 
driver's license or identification card. Such regulations may not--
            ``(1) directly or indirectly infringe on a State's power to 
        set eligibility criteria for obtaining a driver's license or 
        identification card from that State; and
            ``(2) require a State to comply with any such regulation 
        that conflicts with or otherwise interferes with the full 
        enforcement of such eligibility criteria by the State.
    ``(b) Minimum Security Standards.--The minimum security standards 
prescribed under subsection (a) shall--
            ``(1) provide that driver's licenses and identification 
        cards--
                    ``(A) be resistant to tampering or altering;
                    ``(B) be resistant to counterfeiting; and
                    ``(C) be designed to accommodate a unique 
                identifier if the Secretary of Transportation finds, in 
                the assessment conducted under section 101 of the 
                Driver's License Fraud Prevention Act, that there is a 
                need to require a nationwide unique identifier system; 
                and
            ``(2) require a State to confiscate a driver's license or 
        identification card if any component or security feature of the 
        license or identification card is compromised.
``Sec. 30308. License issuance prohibitions
    ``The chief driver licensing official of each State shall prohibit 
the issuance of a driver's license from that State--
            ``(1) to an individual who holds a currently valid driver's 
        license issued by that State or by another State, other than a 
        driver's license being surrendered in connection with the 
        issuance of the new driver's license; and
            ``(2) to an individual during a period in which the 
        individual is disqualified from operating a motor vehicle or 
        the individual's driver's license is revoked, suspended, or 
        canceled in any State.
``Sec. 30309. State audits
    ``(a) In General.--The chief driver licensing official of each 
participating State shall conduct an audit of the processes that the 
State uses to issue driver's licenses and identification cards to 
determine the State's compliance with the requirements of this chapter 
and the effectiveness of the audited processes for preventing the 
procurement of driver's licenses and identification cards from the 
State through fraud.
    ``(b) Regulations.--The Secretary of Transportation shall prescribe 
regulations setting forth the manner in which the audits required by 
subsection (a) shall be conducted. Such regulations shall include 
methods to identify the functions that are susceptible to fraudulent 
activity, methods to detect such activities, and procedures and tools 
for preventing fraud.
    ``(c) Periodic Reviews.--The Secretary of Transportation shall 
conduct periodic reviews of State procedures to ensure compliance with 
the terms of this chapter and the regulations issued pursuant to this 
chapter and to provide recommendations to the States for improving 
driver license issuance processes and preventing fraud.
``Sec.  30310. Interstate agreements
    ``(a) Driver License Agreement.--The Secretary of Transportation 
shall assist participating States in developing a Driver License 
Agreement for use to ensure full reciprocity among participating States 
on all issues related to driver's licenses and maintenance of driving 
records.
    ``(b) Purpose.--The Driver License Agreement shall promote highway 
safety by facilitating the sharing of driver's license information and 
conviction records among the States.
    ``(c) Grants.--The Secretary of Transportation is authorized to 
award grants to States or other appropriate entities to facilitate the 
development of the Driver License Agreement or assist a State in 
meeting the requirements of such Agreement.
    ``(d) Requirement for Participation.--To be a participating State, 
a State shall enter into and comply with the Driver License Agreement 
developed under subsection (a).''; and
            (2) inserting after section 30312, as redesignated by 
        subsection (a), the following new sections:
``Sec. 30313. Criminal penalties for fraudulent issuance, renewal, 
              upgrade, or transfer of driver's license
    ``Any person who knowingly issues, obtains, or facilitates the 
issuance, renewal, upgrade, transfer, or obtaining of, a driver's 
license (including any commercial driver's license, or an endorsement 
for a commercial driver's license) or identification card, or attempts 
to do so, knowing the license or endorsement to have been wrongfully 
issued or obtained, or issued, renewed, upgraded, transferred, or 
obtained through the submission of false information or the intentional 
withholding of required information is guilty of a Class E felony 
punishable by a fine, imprisonment, or both, as provided in title 18.
``Sec.  30314. Grants for pilot programs
    ``(a) In General.--The Secretary of Transportation is authorized to 
award grants to a participating State to enable the participating State 
to implement innovative programs to verify driver identity, prevent 
fraud in the procurement of driver's licenses, and demonstrate the use 
of technology to create tamper resistant, secure driver's licenses.
    ``(b) Innovative Programs.--The innovative programs referred to in 
subsection (a) may include a program to make new data sources available 
for identity verification, a program to conduct audits to prevent or 
detect employee fraud, and a program for the issuance of driver and 
identity documents with high security features that improve the 
integrity of the State driver's licenses and identification cards.
    ``(c) Federal Share.--The Federal share of the cost of activities 
funded using amounts from a grant received by a participating State 
under this section shall be not less than 80 percent.''.

SEC. 103. CRIMINAL PENALTIES UNDER TITLE 18, UNITED STATES CODE.

    (a) Criminal Penalties for Unauthorized Use of State Motor Vehicle 
Records.--Title 18, United States Code, is amended--
            (1) in section 2721--
                    (A) in subsection (b)--
                            (i) in paragraph (3), by striking ``For 
                        use'' and all that follows through the period 
                        at the end and inserting the following: ``For 
                        use by a person, firm, or corporation that is 
                        in possession of personal information, but has 
                        reason to believe that such personal 
                        information, as submitted, is not correct, only 
                        for the purpose of preventing fraud by--
                    ``(A) pursuing legal remedies against the 
                individual; or
                    ``(B) recovering on a debt or security interest 
                against the individual.'';
                            (ii) by striking paragraph (8);
                            (iii) in paragraph (9), by striking ``For 
                        use'' and all that follows through the period 
                        at the end and inserting ``For use by an 
                        employer or the agent or insurer of an employer 
                        to obtain or verify information relating to 
                        employment of an individual.'';
                            (iv) by striking paragraph (12);
                            (v) by striking paragraph (14); and
                            (vi) by renumbering paragraphs (9), (10), 
                        (11), and (13) as paragraphs (8), (9), (10), 
                        and (11), respectively; and
                    (B) in subsection (e), by striking ``18 U.S.C. 
                2725(1)'' and inserting ``paragraph (1) or (6) of 
                section 2725'';
            (2) in section 2722, by striking ``or disclose'' and 
        inserting ``, disclose, or use''; and
            (3) in section 2725--
                    (A) in paragraph (1), by striking ``any record'' 
                and all that follows through the semicolon and 
                inserting ``any record, including an electronic record, 
                as defined in section 106(4) of the Electronic 
                Signatures in Global and National Commerce Act (15 
                U.S.C. 7006(4)), that pertains to, or is contained in, 
                a motor vehicle operator's permit or driver's license, 
                including data stored in a machine-readable format on 
                the driver's license card, motor vehicle title, motor 
                vehicle registration, or identification card issued by 
                a department of motor vehicles or the chief driver 
                licensing official of a State;'';
                    (B) in paragraph (3), by striking ``information 
                that'' and all that follows through the period at the 
                end and inserting ``information that identifies an 
                individual, including an individual's photograph or 
                image, biometric identification data, including digital 
                facial images, or other electronic identification 
                information, social security number, driver 
                identification number, name, address (but not the zip 
                code), telephone number, medical or disability 
                information, birth date, information on physical 
                characteristics, including height, weight, sex, hair 
                color, and eye color, and any physical copy of a 
                driver's license, but not including information on 
                vehicular accidents, driving or equipment-related 
                violations, dispositions by any court or administrative 
                body, and driver's license or registration status;''
                    (C) in paragraph (4)--
                            (i) by inserting ``biometric identification 
                        data,'' after ``image,''; and
                            (ii) by striking ``; and'' at the end, and 
                        inserting ``, birth date, information on 
                        physical characteristics, including height, 
                        weight, sex, hair color, and eye color, and any 
                        physical copy of a driver's license;'';
                    (D) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(6) `biometric identification data' means physical 
        characteristics that may be used in automated methods of 
        authenticating or verifying the identity of an individual; and
            ``(7) `chief driver licensing official' has the meaning 
        given that term in section 30301(2) of title 49, United States 
        Code.''.
    (b) Technical and Conforming Amendments.--Section 2721 of title 18, 
United States Code, is amended--
            (1) in subsection (a)(2), by striking ``in subsections 
        (b)(1), (b)(4), (b)(6), and (b)(9): Provided, That'' and 
        inserting the following: ``in paragraphs (1), (4), (6), and (8) 
        of subsection (b), provided that''; and
            (2) in subsection (c)--
                    (A) by striking ``subsection (b)(11)'' each place 
                that term appears and inserting ``subsection (b)(10)'';
                    (B) by striking ``or (12)'' each place that term 
                appears; and
                    (C) by striking ``An authorized recipient under 
                subsection (b)(12) may resell or redisclose personal 
                information pursuant to subsection (b)(12).''.
    (c) Enhanced Penalties for Internal Fraud.--Chapter 25 of title 18, 
United States Code, is amended by adding at the end the following:
``Sec. 515. Unauthorized use of State motor vehicle agency equipment
    ``Any person who uses or provides access to records, equipment, or 
software that is owned or controlled by a State motor vehicle agency to 
manufacture driver's licenses or State identification cards without 
express authorization from such agency shall be guilty of a class C 
felony punishable by a fine, imprisonment, or both as provided by this 
title.''.

SEC. 104. CLERICAL AMENDMENTS.

    (a) Title 18, United States Code.--The table of sections at the 
beginning of chapter 25 of title 18, United States Code, is amended by 
inserting after the item relating to section 514 the following:

``515. Unauthorized use of State motor vehicle agency equipment.''.
    (b) Title 49, United States Code.--
            (2) Chapter 303 table of sections.--The table of sections 
        at the beginning of chapter 303 of such title is amended to 
        read as follows:

``30301.  Definitions.
``30302.  National Driver Register.
``30303.  State participation.
``30304.  Reports by chief driver licensing officials.
``30305.  Access to Register information.
``30306.  Minimum identification requirements.
``30307.  Security of driver's licenses.
``30308.  License issuance prohibitions.
``30309.  State audits.
``30310.  Interstate agreements.
``30311.  National Driver Register Advisory Committee.
``30312.  Criminal penalties.
``30313.  Criminal penalties for fraudulent issuance, renewal, upgrade, 
                            or transfer of driver's license.
``30314.  Grants for pilot programs.
``30315.  Authorization of appropriations.''.

        TITLE II--DRIVER RECORD INFORMATION VERIFICATION SYSTEM

SEC. 201. CONSOLIDATION OF THE NATIONAL DRIVER REGISTER AND THE 
              COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM.

    (a) Requirement To Consolidate Systems.--The Secretary of 
Transportation shall consolidate the National Driver Register, the 
Commercial Driver's License Information System, and information on all 
licensed drivers required by the amendments made by this Act into a new 
Driver Record Information Verification System that is administered 
under chapter 303 of title 49, United States Code, as amended by this 
Act.
    (b) Purpose.--Except as otherwise provided in sections 30305 and 
31106 of title 49, United States Code, the Driver Record Information 
Verification System shall provide States with instant and reliable 
access to driver information for the purposes of--
            (1) ensuring that an operator of a motor vehicle has not 
        been issued more than one State-issued driver's license that is 
        valid at any one time;
            (2) verifying the authenticity of a State-issued driver's 
        license;
            (3) accurately posting convictions and driver's license 
        withdrawal actions to the proper driver history record; and
            (4) ascertaining the status and history of driver's license 
        suspensions, revocations, or cancellations and convictions for 
        driving-related offenses.
    (c) Time for Completion.--The Secretary shall complete the actions 
required under subsection (a) not later than the effective date 
provided in section 401.
    (d) Regulations.--The Secretary of Transportation shall prescribe 
regulations that--
            (1) provide for an orderly transition from the National 
        Driver Register to the Driver Record Information Verification 
        System; and
            (2) require participating States under section 30303 of 
        title 49, United States Code, to comply with all requirements 
        under the National Driver Register during the transition 
        period.

SEC. 202. STATE PARTICIPATION IN THE DRIVER RECORD INFORMATION 
              VERIFICATION SYSTEM.

    Section 30303 of title 49, United States Code, is amended--
            (1) in subsection (a), by inserting before the period at 
        the end the following: ``and the regulations prescribed under 
        sections 30306 and 30307 of this title''; and
            (2) by adding at the end the following:
    ``(d) Grants.--
            ``(1) Authority.--The Secretary of Transportation is 
        authorized to award a grant to each participating State, or to 
        any entity designated by an official of a State determined 
        appropriate by the Secretary or such an official of each of two 
        or more States, to assist the State or States in developing and 
        implementing the Driver Record Information Verification System 
        described in section 30302 of this title.
            ``(2) Applications.--A State or an entity seeking a grant 
        under this subsection shall submit to the Secretary an 
        application that is in such form and contains such information 
        as the Secretary may require. The Secretary shall evaluate 
        applications in the order received and award a grant upon 
        approval of the application for the grant.
            ``(3) Federal share.--The Federal share of the cost of 
        activities funded using amounts from a grant received by, or on 
        behalf of, a State under this subsection shall be not less than 
        80 percent.''.

SEC. 203. REDESIGNATION OF INFORMATION SYSTEM.

    (a) Redesignation of National Driver Register.--The National Driver 
Register established under section 30302 of title 49, United States 
Code, is redesignated as the ``Driver Record Information Verification 
System''.
    (b) Reference to System.--Any reference to the National Driver 
Register in any law, regulation, document, record, or other paper of 
the United States shall be considered to be a reference to the Driver 
Record Information Verification System.
    (c) Conforming Amendments to Title 49.--
            (1) Chapter heading.--The heading for chapter 303 of title 
        49, United States Code, is amended to read as follows:

    ``CHAPTER 303--DRIVER RECORD INFORMATION VERIFICATION SYSTEM''.

            (2) References in text.--
                    (A) Chapter 303.--Chapter 303 of such title is 
                amended--
                            (i) by striking ``National Driver 
                        Register'' in sections 30301(6), 30302(a), 
                        30303(b), 30304(e), 30305(b)(2), 30305(b)(8), 
                        30306(a), and 30306(b)(1) and inserting 
                        ``Driver Record Information Verification 
                        System'';
                            (ii) by striking ``National Driver 
                        Register's'' each place it appears in section 
                        30302(e) and inserting ``Driver Record 
                        Information Verification System's'';
                            (iii) by striking ``Register'' each place 
                        it appears in sections 30302, 30305, and 30306 
                        and inserting ``Driver Record Information 
                        Verification System'';
                            (iv) by striking the heading for section 
                        30302 and inserting the following:
``Sec. 30302. Driver Record Information Verification System'';
                            (v) in the heading for section 30305, by 
                        striking ``Register'';
                            (vi) in the heading for section 30311 (as 
                        redesignated by section 102(a)), by striking 
                        ``National Driver Register'' and inserting 
                        ``Driver Record Information Verification 
                        System'';
                            (vii) by striking the heading for section 
                        30312 (as redesignated by section 102(a)) and 
                        inserting the following:
``Sec. 30312. Criminal penalties for misuse of information'';
                            (viii) in paragraph (1) of section 30312(a) 
                        (as redesignated by section 102(a)), by 
                        striking ``specified in section 30304(b)(1)(A) 
                        or (C)'' and inserting ``contained in a record 
                        of the Driver Record Information Verification 
                        System under section 30302'';
                            (ix) in paragraph (2) of section 30312(a), 
                        by striking ``section 30305'' and inserting 
                        ``section 30304 or 30305''; and
                            (x) in subsection (b) of section 30312, by 
                        striking ``specified in section 30304(b)(1)(A) 
                        or (C) of this title from a person receiving 
                        the information under section 30305'' and 
                        inserting ``indexed in the Driver Record 
                        Information Verification System under section 
                        30302 from a person receiving the information 
                        under section 30304 or 30305''.
                    (B) Chapter 313.--Chapter 313 of such title is 
                amended--
                            (i) by adding at the end of section 31301 
                        the following new paragraph:
            ``(15) `Driver Record Information Verification System' 
        means the information system maintained by the Secretary of 
        Transportation under chapter 303 of this title.'';
                            (ii) in section 31309(a), by striking ``The 
                        Secretary of Transportation shall maintain an 
                        information system that will'' and inserting 
                        ``The Driver Record Information Verification 
                        System shall'';
                            (iii) in paragraphs (5), (7), and (8) of 
                        section 31311(a), by striking ``information 
                        system under section 31309 of this title, as 
                        the case may be,'' and inserting ``Driver 
                        Record Information Verification System''; and
                            (iv) in paragraph (16)(A) of section 
                        31311(a), by striking ``National Driver 
                        Register maintained under chapter 303 of this 
                        title (after the Secretary decides the Register 
                        is operational)'' and inserting ``Driver Record 
                        Information Verification System''.

SEC. 204. OPERATION OF THE DRIVER RECORD INFORMATION VERIFICATION 
              SYSTEM.

    (a) In General.--Subsection (a) of section 30302 of title 49, 
United States Code, is amended--
            (1) in the second sentence, by striking ``section 30304 of 
        this title'' and inserting ``sections 30304 and 31309 of this 
        title, or reported under section 30308 of this title by an 
        organization described in subsection (f)(1)'';
            (2) in the third sentence, by striking ``(electronically 
        or, until all States can participate electronically, by United 
        States mail)--'' and inserting ``to electronically--''; and
            (3) by striking paragraphs (1) through (4) and inserting 
        the following:
            ``(1) receive information submitted under section 30304, 
        30308, or 31309 of this title;
            ``(2) receive a request for information under section 
        30304(e), 30305, or 31309 of this title;
            ``(3) if appropriate, refer the request to the chief driver 
        licensing official of a State of record;
            ``(4) if appropriate, relay information provided by a chief 
        driver licensing official of a State of record or by any 
        organization described in subsection (f)(1) to the chief driver 
        licensing official of a participating State in response to the 
        request, without interception of the information; and
            ``(5) respond to requests under section 30304(e) or 
        31309(a) of this title.''.
    (b) Correction of Erroneous Information.--Subsection (c) of such 
section is amended by striking ``(c) Transition From Prior Register.--
'' and all that follows through ``(3)'' at the beginning of paragraph 
(3) and inserting the following:
    ``(c) Correction of Erroneous   Information.--''.
    (c) Fees.--Subtitle VI of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (e) of section 30302 as 
        subsection (f); and
            (2) by redesignating subsection (d) of section 31309 as 
        subsection (e), transferring such subsection (as so 
        redesignated) to section 30302, and inserting such subsection 
        after subsection (d).

SEC. 205. REPORTING OF INFORMATION TO THE DRIVER RECORD INFORMATION 
              VERIFICATION SYSTEM.

    Section 30304 of title 49, United States Code, is amended--
            (1) by striking subsection (e) and inserting the following:
    ``(e) Driver Record Inquiry.--Before issuing a driver's license to 
an individual or renewing such a license, the chief driver licensing 
official of a participating State shall, through the Driver Record 
Information Verification System under section 30302--
            ``(1) verify that the individual applying for a driver's 
        license does not hold a currently valid driver's license (other 
        than one being surrendered in connection with the issuance of 
        the driver's license applied for);
            ``(2) verify that any driver's license the individual 
        surrenders in connection with the issuance the driver's license 
        applied for is valid and is not suspended, revoked, or 
        canceled; and
            ``(3) request information about the motor vehicle driving 
        record of the individual from the chief driver licensing 
        official of a State of record.''; and
            (2) by adding at the end the following new subsection:
    ``(f) Other Records.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Transportation shall prescribe 
        regulations under subchapter III of chapter 5 of title 5 that 
        require the chief driver licensing official of each 
        participating State to submit or make available information 
        through the Driver Record Information Verification System that 
        will assist the chief driver licensing official of a 
        participating State in--
                    ``(A) preventing the issuance of multiple driver's 
                licenses to an individual; and
                    ``(B) timely posting to an individual's driving 
                record information regarding a conviction for an 
                offense described in described in subsection (a)(3) 
                that was adjudicated in another State.
            ``(2) Required information.--The information required from 
        the chief driver licensing official in a participating State 
        under paragraph (1) shall include--
                    ``(A) information that facilitates accurate 
                identification of each individual holding a driver's 
                license issued by the State; and
                    ``(B) the driving record maintained by that State 
                for each individual holding a driver's license issued 
                by the State.''.

SEC. 206. ACCESS TO THE DRIVER RECORD INFORMATION VERIFICATION SYSTEM.

    (a) In General.--Section 30305 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``refer, 
                electronically or by United States mail,'' and 
                inserting ``electronically refer''; and
                    (B) in paragraph (2)--
                            (i) by striking ``relay, electronically or 
                        by United States mail,'' and inserting 
                        ``electronically relay''; and
                            (ii) by striking ``section 30304'' and 
                        inserting ``section 30304, 30306, or 30307''; 
                        and
            (2) in subsection (b), by adding at the end, the following 
        new paragraph:
    ``(12) For the purposes of administering or ensuring compliance 
with the provisions of this chapter or regulations issued pursuant to 
this chapter, any law enforcement agency, in carrying out its 
functions, may request the chief driver licensing official of a State 
to provide information under subsection (a) of this section about an 
individual to such agency.''.
    (b) State Access.--The Secretary of Transportation shall ensure 
that, not later than 5 years after the date of enactment of this Act, 
the chief driver licensing official of each participating State is able 
to access all records in the Driver Record Information Verification 
System.

SEC. 207. ADDITIONAL CLERICAL AMENDMENTS TO TITLE 49, UNITED STATES 
              CODE.

    (a) Title 49, United States Code.--
            (1) Subtitle vi table of contents.--The table of contents 
        at the beginning of subtitle VI of title 49, United States 
        Code, is amended by striking the item relating to chapter 303 
        and inserting the following:

``303. DRIVER RECORD INFORMATION VERIFICATION SYSTEM........   30301''.
            (2) Chapter 303 table of sections.--The table of sections 
        at the beginning of chapter 303 of such title is amended--
                    (A) by striking the item relating to section 30302 
                and inserting the following:

``30302.  Driver Record Information Verification System.'';
                    (B) by striking the item relating to section 30305 
                and inserting the following:

``30305.  Access to information.'';
                and
                    (C) by striking the items relating to sections 
                30311 and 30312 and inserting the following:

``30311.  Driver Record Information Verification System Advisory 
                            Committee.
``30312.  Criminal penalties for misuse of information.''.
            (3) Chapter 313 table of sections.--The table of sections 
        at the beginning of chapter 313 of such title is amended by 
        striking the item relating to section 31309 and inserting the 
        following:

``31309.  Commercial driver licenses: compilation of information.''.

  TITLE III--PROHIBITION OF SOCIAL SECURITY NUMBERS ON MOTOR VEHICLE 
                                RECORDS

SEC. 301. PROHIBITION OF SOCIAL SECURITY NUMBERS ON MOTOR VEHICLE 
              RECORDS.

    (a) In General.--Section 205(c)(2)(C)(vi) of the Social Security 
Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
            (1) by inserting ``(I)'' after ``(vi)''; and
            (2) by adding at the end the following:
    ``(II)(aa) An agency of a State (or a political subdivision 
thereof), in the administration of any driver's license or motor 
vehicle registration law within its jurisdiction, may not disclose or 
display the social security numbers issued by the Commissioner of 
Social Security, or any derivative of such numbers, on any driver's 
license or motor vehicle registration or any other document issued by 
such State (or a political subdivision thereof) to an individual for 
purposes of identification of such individual.
    ``(bb) Nothing in this subclause shall be construed as precluding 
an agency of a State (or a political subdivision thereof), in the 
administration of any driver's license or motor vehicle registration 
law within its jurisdiction, from using a social security number for an 
internal use, from using the social security online verification system 
maintained by the Commissioner of Social Security to verify an 
applicant's social security number, or from linking with the database 
of an agency of another State that is responsible for the 
administration of any driver's license or motor vehicle registration 
law.''.
    (b) Conforming Amendment.--Paragraph (3)(B) of section 31308 of 
title 49, United States Code, is amended by striking ``social security 
account number or other''.

                       TITLE IV--OTHER PROVISIONS

SEC. 401. DELAYED EFFECTIVE DATES.

    Titles II (except section 201) and III, and the amendments made by 
such titles shall take effect on the date that is one year after the 
date of the enactment of this Act.

SEC. 402. FINAL REGULATIONS.

    The Secretary of Transportation shall issue final regulations under 
sections 30306, 30307, and 30309(b) of title 49, United States Code (as 
added by section 102(b)), not later than one year after the date of 
enactment of this Act.

SEC. 403. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to carry out the provisions 
of this Act and the amendments made by this Act--
            (1) for fiscal year 2003, $20,000,000 which shall remain 
        available until expended, of which $10,000,000 shall be 
        available for making grants under section 30314 of title 49, 
        United States Code (as added by section 102(b)); and
            (2) for the fiscal years 2004 through 2007, $50,000,000 
        which shall remain available until expended.
                                 <all>