[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6287 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6287

  To establish requirements for use of a driver's license or personal 
 identification card by certain financial institutions for opening an 
  account or obtaining a financial product or service, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2016

   Mr. Tipton (for himself, Mr. Hultgren, and Ms. Sewell of Alabama) 
 introduced the following bill; which was referred to the Committee on 
                           Financial Services

_______________________________________________________________________

                                 A BILL


 
  To establish requirements for use of a driver's license or personal 
 identification card by certain financial institutions for opening an 
  account or obtaining a financial product or service, 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 ``Making Online Banking Initiation 
Legal and Easy Act of 2016'' or the ``MOBILE Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Affiliate.--The term ``affiliate'' has the meaning 
        given such term in section 2(k) of the Bank Holding Company Act 
        of 1956 (12 U.S.C. 1841(k)).
            (2) Driver's license.--The term ``driver's license'' means 
        a license issued by a State to an individual which authorizes 
        the individual to operate a motor vehicle on public streets, 
        roads, or highways.
            (3) Federal bank secrecy laws.--The term ``Federal bank 
        secrecy laws'' means--
                    (A) section 21 of the Federal Deposit Insurance Act 
                (12 U.S.C. 1829b);
                    (B) section 123 of Public Law 91-508; and
                    (C) subchapter II of chapter 53 of title 31, United 
                States Code.
            (4) Financial institution.--The term ``financial 
        institution'' means--
                    (A) an insured depository institution, as defined 
                in section 3 of the Federal Deposit Insurance Act (12 
                U.S.C. 1813);
                    (B) an insured credit union, as defined in section 
                101 of the Federal Credit Union Act (12 U.S.C. 1752); 
                or
                    (C) any affiliate of an insured depository 
                institution or insured credit union.
            (5) Financial product or service.--The term ``financial 
        product or service'' has the meaning given such term in section 
        1002(15) of the Consumer Financial Protection Act of 2010 (12 
        U.S.C. 5481(15)).
            (6) Personal identification card.--The term ``personal 
        identification card'' means an identification document issued 
        by a State or local government to an individual solely for the 
        purpose of identification of such individual.
            (7) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and any other commonwealth, possession, or 
        territory of the United States.
            (8) Swipe.--The term ``swipe'' means the act of using a 
        device on a driver's license or personal identification card to 
        decipher, in an electronically readable format, personal 
        information displayed on or electronically encoded on the 
        driver's license or personal identification card.

SEC. 3. USE OF A DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD.

    (a) In General.--With the consent of an individual, a financial 
institution may record personal information from a swipe of the 
individual's driver's license or personal identification card, or make 
a copy of the individual's driver's license or personal identification 
card, and store or retain such information in any electronic format for 
purposes of opening an account with the financial institution or 
obtaining a financial product or service from the financial 
institution. Except as required to comply with Federal bank secrecy 
laws, the financial institution may only use the personal information--
            (1) to verify the authenticity of the driver's license or 
        personal identification card with the State that issued the 
        driver's license or personal identification card;
            (2) to verify the identity of the individual; and
            (3) to comply with a legal requirement to record, retain, 
        or transmit the personal information in connection with opening 
        the account or obtaining the financial product or service.
    (b) Notice to Consumer.--A financial institution that swipes or 
copies an individual's driver's license or personal identification card 
in accordance with subsection (a) shall inform the individual about the 
type of information collected.
    (c) Restrictions on Use of Information.--A financial institution 
that obtains information from a swipe or a copy of a driver's license 
or personal identification card as described in subsection (a) may not 
sell, rent, transfer, or make the personal information available to 
another person (other than an affiliate).

SEC. 4. RELATION TO STATE LAW.

    The provisions of this Act shall preempt and supersede any State 
law that conflicts with a provision of this Act, but only to the extent 
of such conflict.
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