[Congressional Record Volume 156, Number 113 (Thursday, July 29, 2010)]
[Senate]
[Pages S6522-S6524]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Mrs. Feinstein, and Mr. Lieberman):
  S. 3666. 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; to the Committee on the Judiciary.
  Mr. CARDIN. Mr. President, on May 5, 2009, over 14 months ago, I 
chaired a Terrorism Subcommittee hearing entitled the Passport Issuance 
Process: Closing the Door to Fraud. Today we are holding Part II of 
that hearing. During the hearing last year, we learned about a 
Government Accountability Office, GAO, undercover investigation that 
had been requested by Senators Kyl and Feinstein to test the 
effectiveness of the passport issuance process, and to determine 
whether malicious individuals such as terrorists, spies, or other 
criminals could use counterfeit documents to obtain a genuine U.S. 
passport. What we learned from GAO was that ``terrorists or criminals 
could steal an American citizen's identity, use basic counterfeiting 
skills to create fraudulent documents for that identity, and obtain a 
genuine U.S. passport.'' But that 2009 GAO report was not the first 
time that problems with the passport issuance process were identified. 
In 2005 and 2007, GAO also brought these issues to light.
  Vulnerabilities in the passport issuance process are very serious 
because the U.S. passport is the gold standard for identification. A 
U.S. passport can be used for many purposes in this country, and it 
gives an individual the ability to travel internationally, which is an 
important tool for someone who wants to do us harm, including 
terrorists, spies, and other criminals. So the integrity and security 
of the passport issuance process is extremely important because it can 
have a profound impact on the national security of the United States.
  A new GAO undercover investigation that I requested, along with 
Senators Kyl, Feinstein, Lieberman and Collins, has revealed that while 
some improvements have been made by the State Department, the passport 
issuance process is still susceptible to fraud.
  As a result, today I am introducing, along with Senators Feinstein 
and Lieberman, the Passport Identity Verification Act. This legislation 
is a common-sense solution that will give the State Department the 
legal authorities that it needs to access information contained in 
Federal, State, and other databases that can be used to verify the 
identity of every passport applicant, and to detect passport fraud, 
without extending the time that the State Department takes to approve 
passports. The legislation also requires the State Department to 
promulgate regulations, procedures, and policies to limit access to 
this information, and to ensure that personnel involved in the passport 
issuance process only access this information for authorized purposes. 
These are very important privacy and security protections in this 
legislation.
  The legislation also requires the Secretary of State to conduct a 
formal study examining whether biometric information and technology can 
be used to enhance the ability to verify the identity of a passport 
applicant and to detect passport fraud.
  I understand that the American people can become concerned when their 
travel plans, whether for leisure or business, are linked to their 
ability to obtain a passport in a timely fashion. But we have got to 
get this right, and it is not simply a question of process, techniques, 
and training. We need to make sure that the agencies that are 
responsible for processing passport application documents are concerned 
about national security as well as customer service, and we need to 
make sure they have the legal authorities, the resources, and the 
technology they need to verify the identity of a passport applicant and 
to detect passport fraud.
  We simply cannot issue U.S. passports in this country on the basis of 
fraudulent documents. There is too much at stake. We have the 
technology and the information to prevent such issuance. The Passport 
Identity Verification Act will dramatically improve the State 
Department's ability to detect passport fraud.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3666

       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''.

[[Page S6523]]

     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;

[[Page S6524]]

       (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.
                                 ______