[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3666 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3666

To authorize certain Department of State personnel, who are responsible 
for examining and processing United States passport applications, to be 
  able to access certain Federal, State, and other databases, for the 
 purpose of verifying the identity of a passport applicant, to reduce 
the incidence of fraud, to require the authentication of identification 
  documents submitted by passport applicants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2010

Mr. Cardin (for himself, Mrs. Feinstein, and Mr. Lieberman) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To authorize certain Department of State personnel, who are responsible 
for examining and processing United States passport applications, to be 
  able to access certain Federal, State, and other databases, for the 
 purpose of verifying the identity of a passport applicant, to reduce 
the incidence of fraud, to require the authentication of identification 
  documents submitted by passport applicants, 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 ``Passport Identity Verification 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) A United States passport is an official government 
        document issued by the Department of State, which can be 
        obtained by United States nationals.
            (2) A valid United States passport has many uses, 
        including--
                    (A) certifying an individual's identity and 
                verifying that a person is a United States national;
                    (B) allowing the passport holder to travel to 
                foreign countries with an internationally recognized 
                travel document;
                    (C) facilitating international travel;
                    (D) obtaining further identification documents; and
                    (E) setting up bank accounts.
            (3) A United States national may obtain a United States 
        passport for the first time by applying in person to a passport 
        acceptance facility with 2 passport photographs, proof of 
        United States nationality, and a valid form of photo 
        identification, such as a driver's license. Passport acceptance 
        facilities are located throughout the United States.
            (4) Because United States passports issued under a false 
        identity enable individuals to conceal their movements and 
        activities, passport fraud could facilitate--
                    (A) acts of terrorism;
                    (B) espionage; and
                    (C) other crimes, such as illegal immigration, 
                money laundering, drug trafficking, tax evasion, and 
                alien smuggling.
            (5) Since malicious individuals may seek to exploit 
        potential vulnerabilities in the passport issuance process, it 
        is important that personnel who are involved in the granting, 
        refusal, revocation, or adjudication of United States passport 
        applications have access to certain information contained in 
        Federal, State, and other databases for the purpose of--
                    (A) verifying the identity of a passport applicant; 
                or
                    (B) detecting passport fraud.
            (6) In its final report, the National Commission on 
        Terrorist Attacks Upon the United States (commonly known as the 
        ``9/11 Commission'') concluded that funding and completing a 
        ``biometric entry-exit screening system'' for travelers to and 
        from the United States is essential to our national security.
            (7) The use of biometrics and technology for foreign 
        nationals who are visiting the country helps to make travel 
        simple, easy, and convenient for legitimate visitors and 
        dramatically improves the ability to detect the activities of 
        those who wish to do harm or violate United States laws.

SEC. 3. ACCESS TO FEDERAL, STATE, AND OTHER DATABASES.

    (a) Powers and Duties of the Secretary of State.--Section 104 of 
the Immigration and Nationality Act (8 U.S.C. 1104) is amended by 
adding at the end the following:
    ``(f) Law Enforcement Activities.--Notwithstanding any other 
provision of law, the powers, duties, and functions conferred upon 
Department of State personnel relating to the granting, refusal, 
revocation, or adjudication of passports shall be considered law 
enforcement activities that involve the administration of criminal 
justice (as defined in section 20.3 of title 28, Code of Federal 
Regulations) when such personnel seek to--
            ``(1) verify the identity of a passport applicant; or
            ``(2) detect passport fraud.''.
    (b) Data Exchange.--Section 105 of such Act (8 U.S.C. 1105) is 
amended--
            (1) in subsection (b), by adding at the end the following:
    ``(5) The Attorney General and the Director of the Federal Bureau 
of Investigation, after consultation with the Secretary of State, shall 
promptly implement a system, consistent with applicable security and 
training protocols and requirements, that will enable Department of 
State personnel designated by the Secretary of State, or by the 
designee of the Secretary, who are responsible for the granting, 
refusal, revocation, or adjudication of United States passports, to 
have real-time access to the criminal history information contained in 
the National Crime Information Center's Interstate Identification Index 
(NCIC-III), including the corresponding automated criminal history 
records, Wanted Person Files, and other files maintained by the 
National Crime Information Center, for the purpose of verifying the 
identity of the United States passport applicant, or detecting passport 
fraud.
    ``(6) The Secretary of State, or the designee of the Secretary, 
shall designate Department of State personnel who, in accordance with 
this Act shall be authorized to have real-time access to the 
information contained in the files described in paragraph (5), without 
any fee or charge, to enable named-based and other searches to be 
conducted for the purpose of verifying the identity of a passport 
applicant or detecting passport fraud.'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Data Sharing.--Notwithstanding any other provision of law, 
the powers, duties, and functions conferred upon Department of State 
personnel relating to the granting, refusal, revocation, or 
adjudication of passports shall be considered law enforcement 
activities that involve the administration of criminal justice (as 
defined in section 20.3 of title 28, Code of Federal Regulations) when 
such personnel seek to verify the identity of a passport applicant, or 
seek to detect passport fraud by accessing or using information 
contained in databases maintained by any Federal, State, tribal, 
territory, or local government department or agency, or private entity 
or organization, that contains--
            ``(1) criminal history information or records;
            ``(2) driver's license information or records;
            ``(3) marriage, birth, or death information or records;
            ``(4) naturalization and immigration records; or
            ``(5) other information or records that can verify the 
        identity of the passport applicant or can detect passport 
        fraud.''; and
            (4) by adding at the end the following:
    ``(f) Data Sharing Regulations, Procedures, and Policies.--Not 
later than 120 days after the date of the enactment of this subsection, 
the Secretary of State shall promulgate final regulations, procedures, 
and policies to govern the access by Department of State personnel to 
the information contained in databases described in subsection (c). 
Such regulations, procedures, and policies shall--
            ``(1) specify which Department of State personnel have a 
        need to know and will be given access to the databases or the 
        information contained in the databases described in subsection 
        (c);
            ``(2) require Department of State personnel who will be 
        given access to the databases or the information contained in 
        the databases described in subsection (c) to successfully 
        complete all ongoing training and certification requirements 
        for such access;
            ``(3) require Department of State personnel to access such 
        databases or the information contained in such databases--
                    ``(A) to verify the identity of each passport 
                applicant; and
                    ``(B) to detect whether the applicant has committed 
                or is committing passport fraud;
            ``(4) ensure that such databases, or the information 
        contained in such databases, are only accessed for the purpose 
        of verifying the identity of each passport applicant or 
        detecting passport fraud, and prohibit access for any other 
        purpose;
            ``(5) ensure that the Department of State personnel 
        accessing such databases or the information contained in such 
        databases--
                    ``(A) do not violate the security, confidentiality, 
                and privacy of such databases or the information 
                contained in such databases; and
                    ``(B) successfully complete all ongoing training 
                and certification requirements for such access;
            ``(6) establish audit procedures and policies to verify 
        that such databases or the information contained in such 
        databases are only being accessed for the purposes set forth in 
        the Passport Identity Verification Act;
            ``(7) require prompt reporting to appropriate Department of 
        State officials after each instance of--
                    ``(A) unauthorized access to such databases or the 
                information contained in such databases; or
                    ``(B) access to such databases or the information 
                contained in such databases for unauthorized purposes; 
                and
            ``(8) require the appropriate Department of State personnel 
        to conduct a regular review of--
                    ``(A) the audit and reporting procedures and 
                policies to determine whether such procedures and 
                policies are working properly; and
                    ``(B) the ongoing training and certification 
                requirements to determine whether there has been 
                compliance with such requirements.''.

SEC. 4. CONSULTATION AND REPORT.

    (a) Consultation.--
            (1) In general.--The Secretary of State, in consultation 
        with the Secretary of Homeland Security, the Attorney General, 
        and the United States Postmaster General, shall conduct an 
        analysis to determine--
                    (A) if persons applying for or renewing a United 
                States passport should provide biometric information, 
                including photographs that meet standards that enhance 
                the ability of facial recognition technology to verify 
                the identity of the passport applicant and user, and to 
                detect passport fraud; and
                    (B) if technology should be employed to verify the 
                authenticity of drivers' license and other identity 
                documents that are presented to passport acceptance 
                facilities.
            (2) Factors.--In conducting the analysis under paragraph 
        (1), the Secretary shall consider all relevant factors, 
        including--
                    (A) how the biometric information and technology 
                would be used and stored;
                    (B) the costs and benefits to be gained; and
                    (C) the effect on the individual's privacy and the 
                economy.
    (b) Report.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        a report to the congressional committees set forth in paragraph 
        (2) that contains the results of the analysis carried out under 
        subsection (a), including a recommendation with respect to the 
        use of biometric information and technology to verify the 
        identity of a passport applicant and user, and to detect 
        passport fraud.
            (2) Congressional committees.--The congressional committees 
        set forth in this paragraph are--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on the Judiciary of the House of 
                Representatives;
                    (E) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (F) the Committee on Homeland Security of the House 
                of Representatives; and
                    (G) the Committee on Oversight and Government 
                Reform of the House of Representatives.
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