[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5148 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5148

  To provide improved security for driver licenses and State identity 
                               documents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2004

 Mrs. Miller of Michigan (for herself, Mr. Tom Davis of Virginia, Mr. 
    Shays, and Mr. Carter) introduced the following bill; which was 
referred to the Committee on Government Reform, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To provide improved security for driver licenses and State identity 
                               documents.

    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 ``Identity Management Security Act of 
2004''.

   TITLE I--IMPROVED SECURITY FOR DRIVER LICENSES AND STATE IDENTITY 
                               DOCUMENTS

SEC. 101. DEFINITIONS.

    In this title, the following definitions apply:
            (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) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Northern Mariana Islands, 
        the Trust Territory of the Pacific Islands, and any other 
        territory or possession of the United States.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 102. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR 
              FEDERAL RECOGNITION.

    (a) Minimum Standards for Federal Use.--
            (1) In general.--Beginning 3 years after the date of 
        enactment of this Act, 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 meeting the 
        requirements of this section.
            (2) 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, with the concurrence of the Secretary 
        of Transportation, may prescribe by regulation.
    (b) Minimum Document Requirements.--To meet the requirements of 
this section, a State shall include, at a minimum, the following data 
elements and features on each driver's license and identification card 
issued to a person by the State:
            (1) The person's full legal name.
            (2) The person's date of birth.
            (3) The person's gender.
            (4) The person's driver license or identification card 
        number.
            (5) A photograph of the person.
            (6) The person's address of principal residence.
            (7) The person's signature.
            (8) Physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the document for 
        fraudulent purposes.
            (9) A common machine-readable technology, with defined 
        minimum data elements, that will facilitate the capture of 
        driver's license and identification card information by law 
        enforcement officers.
    (c) Minimum Issuance Standards.--
            (1) In general.--To meet the requirements of this section, 
        a State shall require, at a minimum, presentation and 
        verification of the following data elements before issuing a 
        driver's license or identification card to a person:
                    (A) A photo identity document, except that a 
                nonphoto identity document is acceptable if it includes 
                both the person's full legal name and date of birth.
                    (B) Documentation showing the person's date of 
                birth.
                    (C) Proof of the person's social security number or 
                verification that the person is not eligible for a 
                social security number.
                    (D) Documentation showing the person's name and 
                address of principal residence.
            (2) Verification of documents.--To meet the requirements of 
        this section, a State shall implement the following procedures:
                    (A) Before issuing a driver's license or 
                identification card to a person, the State shall 
                verify, with the issuing agency, the issuance, 
                validity, and completeness of each document used to 
                provide information required to be presented by the 
                person under paragraph (1).
                    (B) The State shall not accept any foreign 
                document, other than an official passport, to satisfy a 
                requirement of paragraph (1).
    (d) Other Requirements.--To meet the requirements of this section, 
a State shall adopt the following practices in the issuance of driver 
licenses and identification cards:
            (1) Employ technology to capture digital images of identity 
        source documents so that the images can be retained in 
        electronic storage in a transferable format.
            (2) Retain paper copies of source documents for a minimum 
        of 7 years or images of source documents presented for a 
        minimum of 10 years.
            (3) Subject each person applying for a driver's license or 
        identification card to mandatory facial image capture.
            (4) Establish an effective procedure to confirm or verify a 
        renewing applicant's information.
            (5) Confirm with the Social Security Administration a 
        social security number presented by a person using the full 
        social security number. In the event that a social security 
        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 shall resolve the discrepancy 
        and take appropriate action.
            (6) Refuse to issue a driver's license or identification 
        card to a person holding a driver's license issued by another 
        State without confirmation from the other State that the person 
        is terminating or has terminated the driver's license.
            (7) Ensure the physical security of locations where driver 
        licenses and identification cards are produced and the security 
        of document materials and papers from which driver licenses and 
        identification cards are produced.
            (8) Subject all persons authorized to manufacture or 
        produce driver licenses and identification cards to appropriate 
        security clearance requirements.
            (9) Establish fraudulent document recognition training 
        programs for appropriate employees engaged in the issuance of 
        driver licenses and identification cards.

SEC. 103. LINKING OF DATABASES.

    (a) In General.--To be eligible to receive any grant or other 
financial assistance made available under this Act, a State shall 
participate in the interstate compact regarding sharing of driver 
license data, known as the ``Driver License Agreement'', in order to 
provide electronic access by a State to information contained in the 
motor vehicle databases of all other States.
    (b) Requirements for Information.--A State motor vehicle database 
shall contain, at a minimum, the following information:
            (1) All data fields printed on driver licenses and 
        identification cards issued by the State.
            (2) Motor vehicle driver histories, including motor vehicle 
        violations, suspensions, and points on licenses.

SEC. 104. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE 
              IDENTIFICATION DOCUMENTS.

    Section 1028(a)(8) of title 18, United States Code, is amended by 
striking ``false authentication features'' and inserting ``false or 
actual authentication features''.

SEC. 105. GRANTS TO STATES.

    (a) In General.--The Secretary may make grants to a State to assist 
the State in conforming to the minimum standards set forth in this 
title.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2005 through 
2009 such sums as may be necessary to carry out this title.

SEC. 106. AUTHORITY.

    (a) Participation of Secretary of Transportation and States.--All 
authority to issue regulations, certify standards, and issue grants 
under this title shall be carried out by the Secretary, with the 
concurrence of the Secretary of Transportation and in consultation with 
the States.
    (b) Extensions of Deadlines.--The Secretary may grant an extension 
to the deadline established by section 102(a)(1) with respect to the 
driver licenses and identification cards issued by a State if the State 
submits to the Secretary, in writing, an adequate justification, as 
determined by the Secretary, for the extension.

              TITLE II--IDENTITY SECURITY OF VITAL RECORDS

SEC. 201. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (2) Birth certificate.--The term ``birth certificate'' 
        means a certificate of birth--
                    (A) for an individual (regardless of where born)--
                            (i) who is a citizen or national of the 
                        United States at birth; and
                            (ii) whose birth is registered in the 
                        United States; and
                    (B) that--
                            (i) is issued by a Federal, State, or local 
                        government agency or authorized custodian of 
                        record and produced from birth records 
                        maintained by such agency or custodian of 
                        record; or
                            (ii) is an authenticated copy, issued by a 
                        Federal, State, or local government agency or 
                        authorized custodian of record, of an original 
                        certificate of birth issued by such agency or 
                        custodian of record.

SEC. 202. GAO STUDY OF THE SECURITY OF BIRTH CERTIFICATES.

    (a) Study.--The Comptroller General shall conduct a study of the 
security of birth certificates and other birth documentation used by 
States as proof of identity. Such study shall include--
            (1) an assessment of the parties involved in the issuance 
        of birth certificates and other birth documentation within the 
        United States;
            (2) an assessment of the physical security features of 
        domestic birth certificates and other domestic birth 
        documentation;
            (3) an evaluation of fraudulent activity, both domestic and 
        foreign, of domestic birth certificates and other domestic 
        birth documentation used to acquire driver's licenses or State-
        issued identification cards; and
            (4) an evaluation of methods used by Federal agencies, 
        States and other parties involved in the issuance of domestic 
        birth certificates and other domestic birth documentation to 
        reduce fraudulent activity, both domestic and foreign.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress a report 
on the study conducted under subsection (a). The report shall include 
recommendations regarding measures needed to improve both the physical 
security of birth certificates and other birth documentation and the 
process used by parties issuing such documents, including the 
establishment of minimum standards if necessary, to reduce fraudulent 
activity.

SEC. 203. ELIMINATING DUPLICATION OF VITAL RECORDS.

    (a) Assistance in Matching Birth and Death Records.--
            (1) Grants.--The Secretary, in coordination with other 
        appropriate Federal agencies, shall make grants to States to 
        assist them in--
                    (A) computerizing their birth and death records;
                    (B) developing the capability to match birth and 
                death records within each State and among the States; 
                and
                    (C) noting the fact of death on the birth 
                certificates of deceased persons.
            (2) Allocation of grants.--The Secretary shall make grants 
        to States under this subsection based on the proportion that 
        the estimated annual average number of birth and death records 
        created by a State applying for a grant bears to the estimated 
        annual average number of birth and death records originated by 
        all States.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2005 through 
2009 such sums as may be necessary to carry out this section.
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