[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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