II 

117TH CONGRESS 

2D SESSION S. 4528 

To establish a Government-wide approach to improving digital identity, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2022 

Ms. SINEMA (for herself and Ms. LUMMIS) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To establish a Government-wide approach to improving 

digital identity, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Digital 

5 Identity Act of 2022’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The lack of an easy, affordable, reliable, 

9 and secure way for organizations, businesses, and 

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1 vidual is who they claim to be online creates an at2 tack vector that is widely exploited by adversaries in 

3 cyberspace and precludes many high-value trans4 actions from being available online. 

5 (2) Incidents of identity theft and identity 

6 fraud continue to rise in the United States, where 

7 more than 293,000,000 people were impacted by 

8 data breaches in 2021. 

9 (3) Since 2017, losses resulting from identity 

10 fraud have increased by 333 percent, and, in 2020, 

11 those losses totaled $56,000,000,000. 

12 (4) The Director of the Treasury Department 

13 Financial Crimes Enforcement Network has stated 

14 that the abuse of personally identifiable information 

15 and other building blocks of identity is a key enabler 

16 behind much of the fraud and cybercrime affecting 

17 the United States today. 

18 (5) Trustworthy digital identity solutions can 

19 help give under-banked and unbanked individuals 

20 better access to digital financial services through in21 novative delivery channels that promote financial in22 clusion. 

23 (6) The inadequacy of current digital identity 

24 solutions degrades security and privacy for all people 

25 in the United States, and next generation solutions 


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1 are needed that improve security, privacy, equity, 

2 and accessibility. 

3 (7) Government entities, as authoritative 

4 issuers of identity in the United States, are uniquely 

5 positioned to deliver critical components that ad6 dress deficiencies in the digital identity infrastruc7 ture of the United States and augment private sec8 tor digital identity and authentication solutions. 

9 (8) State governments are particularly well-suit10 ed to play a role in enhancing digital identity solu11 tions used by both the public and private sectors, 

12 given the role of State governments as the issuers of 

13 driver’s licenses and other identity documents com14 monly used today. 

15 (9) The public and private sectors should col16 laborate to deliver solutions that promote confidence, 

17 privacy, choice, equity, accessibility, and innovation. 

18 The private sector drives much of the innovation 

19 around digital identity in the United States and has 

20 an important role to play in delivering digital iden21 tity solutions. 

22 (10) The bipartisan Commission on Enhancing 

23 National Cybersecurity has called for the Federal 

24 Government to ‘‘create an interagency task force di25 rected to find secure, user-friendly, privacy-centric 


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1 ways in which agencies can serve as 1 authoritative 

2 source to validate identity attributes in the broader 

3 identity market. This action would enable Govern4 ment agencies and the private sector to drive signifi5 cant risk out of new account openings and other 

6 high-risk, high-value online services, and it would 

7 help all citizens more easily and securely engage in 

8 transactions online.’’. 

9 (11) The National Institute of Standards and 

10 Technology has published digital identity guidelines 

11 that address technical requirements for identity 

12 proofing and the authentication of users, but those 

13 guidelines do not cover requirements for providing 

14 identity attribute validation services that could be 

15 used to support identity proofing. 

16 (12) It should be the policy of the Federal Gov17 ernment to use the authorities and capabilities of the 

18 Federal Government to enhance the security, reli19 ability, privacy, equity, accessibility, and convenience 

20 of digital identity solutions that support and protect 

21 transactions between individuals, government enti22 ties, and businesses, and that enable people in the 

23 United States to prove who they are online, by pro24 viding consent-based identity attribute validation 

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1 ciencies in the digital identity infrastructure of the 

2 United States and augment private sector digital 

3 identity and authentication solutions. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE NOTIFICATION ENTITIES.— 

7 The term ‘‘appropriate notification entities’’ 

8 means— 

9 (A) the President; 

10 (B) the Committee on Homeland Security 

11 and Governmental Affairs of the Senate; and 

12 (C) the Committee on Oversight and Re13 form of the House of Representatives. 

14 (2) DIGITAL IDENTITY VERIFICATION.—The 

15 term ‘‘digital identity verification’’ means a process 

16 to verify the identity or an identity attribute of an 

17 individual accessing a service online or through an18 other electronic means. 

19 (3) DIRECTOR.—The term ‘‘Director’’ means 

20 the Director of the Task Force. 

21 (4) FEDERAL AGENCY.—The term ‘‘Federal 

22 agency’’ has the meaning given the term in section 

23 102 of the Robert T. Stafford Disaster Relief and 

24 Emergency Assistance Act (42 U.S.C. 5122). 


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1 (5) IDENTITY ATTRIBUTE.—The term ‘‘identity 

2 attribute’’ means a data element associated with the 

3 identity of an individual, including, the name, ad4 dress, or date of birth of an individual. 

5 (6) IDENTITY CREDENTIAL.—The term ‘‘iden6 tity credential’’ means a document or other evidence 

7 of the identity of an individual issued by a govern8 ment agency that conveys the identity of the indi9 vidual, including a driver’s license or passport. 

10 (7) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Homeland Security. 

12 (8) TASK FORCE.—The term ‘‘Task Force’’ 

13 means the Improving Digital Identity Task Force 

14 established under section 4(a). 

15 SEC. 4. IMPROVING DIGITAL IDENTITY TASK FORCE. 

16 (a) ESTABLISHMENT.—There is established in the 

17 Executive Office of the President a task force to be known 

18 as the ‘‘Improving Digital Identity Task Force’’. 

19 (b) PURPOSE.—The purpose of the Task Force shall 

20 be to establish and coordinate a government-wide effort 

21 to develop secure methods for Federal, State, local, Tribal, 

22 and territorial agencies to improve access and enhance se23 curity between physical and digital identity credentials 

24 to— 


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1 (1) protect the privacy and security of individ2 uals; 

3 (2) support reliable, interoperable digital iden4 tity verification in the public and private sectors; 

5 and 

6 (3) in achieving paragraphs (1) and (2), place 

7 a particular emphasis on— 

8 (A) reducing identity theft and fraud; 

9 (B) enabling trusted transactions; and 

10 (C) ensuring equitable access to digital 

11 identity verification. 

12 (c) DIRECTOR.— 

13 (1) IN GENERAL.—The Task Force shall have 

14 a Director, who shall be appointed by the President. 

15 (2) POSITION.—The Director shall serve at the 

16 pleasure of the President. 

17 (3) PAY AND ALLOWANCES.—The Director shall 

18 be compensated at the rate of basic pay prescribed 

19 for level II of the Executive Schedule under section 

20 5313 of title 5, United States Code. 

21 (4) QUALIFICATIONS.—The Director shall have 

22 substantive technical expertise and managerial acu23 men that— 


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1 (A) is in the business of digital identity 

2 management, information security, or benefits 

3 administration; 

4 (B) is gained from not less than 1 organi5 zation; and 

6 (C) includes specific expertise gained from 

7 academia, advocacy organizations, and the pri8 vate sector. 

9 (5) EXCLUSIVITY.—The Director may not serve 

10 in any other capacity within the Federal Government 

11 while serving as Director. 

12 (6) TERM.—The term of the Director, including 

13 any official acting in the role of the Director, shall 

14 terminate on the date described in subsection (k). 

15 (d) MEMBERSHIP.— 

16 (1) FEDERAL GOVERNMENT REPRESENTA17 TIVES.—The Task Force shall include the following 

18 individuals or the designees of such individuals: 

19 (A) The Secretary. 

20 (B) The Secretary of the Treasury. 

21 (C) The Director of the National Institute 

22 of Standards and Technology. 

23 (D) The Director of the Financial Crimes 

24 Enforcement Network. 

25 (E) The Commissioner of Social Security. 


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1 (F) The Secretary of State. 

2 (G) The Administrator of General Services. 

3 (H) The Director of the Office of Manage4 ment and Budget. 

5 (I) The heads of other Federal agencies or 

6 offices as the President may designate or invite, 

7 as appropriate. 

8 (2) STATE, LOCAL, TRIBAL, AND TERRITORIAL

9 GOVERNMENT REPRESENTATIVES.—The Director 

10 shall appoint to the Task Force 6 State, local, Trib11 al, and territorial government officials who represent 

12 agencies that issue identity credentials and who 

13 have— 

14 (A) experience in identity technology and 

15 services; 

16 (B) knowledge of the systems used to pro17 vide identity credentials; or 

18 (C) any other qualifications or com19 petencies that may help achieve balance or oth20 erwise support the mission of the Task Force. 

21 (3) NONGOVERNMENTAL EXPERTS.— 

22 (A) IN GENERAL.—The Director shall ap23 point to the Task Force 5 nongovernmental ex24 perts. 


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1 (B) SPECIFIC APPOINTMENTS.—The ex2 perts appointed under subparagraph (A) shall 

3 include the following: 

4 (i) A member who is a privacy and 

5 civil liberties expert. 

6 (ii) A member who is a technical ex7 pert in identity verification. 

8 (iii) A member who is a technical ex9 pert in cybersecurity focusing on identity 

10 verification services. 

11 (iv) A member who represents an in12 dustry identity verification service provider. 

13 (v) A member who represents a party 

14 that relies on effective identity verification 

15 services to conduct business. 

16 (e) WORKING GROUPS.—The Director shall organize 

17 the members of the Task Force into appropriate working 

18 groups for the purpose of increasing the efficiency and ef19 fectiveness of the Task Force, as appropriate. 

20 (f) MEETINGS.—The Task Force shall— 

21 (1) convene at the call of the Director; and 

22 (2) provide an opportunity for public comment 

23 in accordance with section 10(a)(3) of the Federal 

24 Advisory Committee Act (5 U.S.C. App.). 


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1 (g) DUTIES.—In carrying out the purpose described 

2 in subsection (b), the Task Force shall— 

3 (1) identify Federal, State, local, Tribal, and 

4 territorial agencies that issue identity credentials or 

5 hold information relating to identifying an indi6 vidual; 

7 (2) assess restrictions with respect to the abili8 ties of the agencies described in paragraph (1) to 

9 verify identity information for other agencies and 

10 nongovernmental organizations; 

11 (3) assess any necessary changes in statutes, 

12 regulations, or policy to address any restrictions as13 sessed under paragraph (2); 

14 (4) recommend a standards-based architecture 

15 to enable agencies to provide services relating to dig16 ital identity verification in a way that— 

17 (A) is secure, protects privacy, and pro18 tects individuals against unfair and misleading 

19 practices; 

20 (B) prioritizes equity and accessibility; 

21 (C) requires individual consent for the pro22 vision of digital identify verification services by 

23 a Federal, State, local, Tribal, or territorial 

24 agency; and 


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1 (D) is interoperable among participating 

2 Federal, State, local, Tribal, and territorial 

3 agencies, as appropriate and in accordance with 

4 applicable laws; 

5 (5) recommend principles to promote policies 

6 for shared identity proofing across public sector 

7 agencies, which may include single sign-on or broad8 ly accepted attestations; 

9 (6) identify funding or other resources needed 

10 to support the agencies described in paragraph (4) 

11 that provide digital identity verification, including a 

12 recommendation with respect to additional funding 

13 required for the grant program under section 5; 

14 (7) recommend funding models to provide dig15 ital identity verification to private sector entities, 

16 which may include fee-based funding models; 

17 (8) determine if any additional steps are nec18 essary with respect to Federal, State, local, Tribal, 

19 and territorial agencies to improve digital identity 

20 verification and management processes for the pur21 pose of enhancing the security, reliability, privacy, 

22 accessibility, equity, and convenience of digital iden23 tity solutions that support and protect transactions 

24 between individuals, government entities, and busi25 nesses; and 


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1 (9) undertake other activities necessary to as2 sess and address other matters relating to digital 

3 identity verification, including with respect to— 

4 (A) the potential exploitation of digital 

5 identity tools or associated products and serv6 ices by malign actors; 

7 (B) privacy implications; and 

8 (C) increasing access to foundational iden9 tity documents. 

10 (h) PROHIBITION.—The Task Force may not implic11 itly or explicitly recommend the creation of— 

12 (1) a single identity credential provided or man13 dated by the Federal Government for the purposes 

14 of verifying identity or associated attributes; 

15 (2) a unilateral central national identification 

16 registry relating to digital identity verification; or 

17 (3) a requirement that any individual be forced 

18 to use digital identity verification for a given public 

19 purpose. 

20 (i) REQUIRED CONSULTATION.—The Task Force 

21 shall closely consult with leaders of Federal, State, local, 

22 Tribal, and territorial governments and nongovernmental 

23 leaders, which shall include the following: 

24 (1) The Administrator of General Services. 

25 (2) The Secretary of Education. 


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1 (3) The heads of other Federal agencies and of2 fices determined appropriate by the Director. 

3 (4) State, local, Tribal, and territorial govern4 ment officials focused on identity, such as informa5 tion technology officials and directors of State de6 partments of motor vehicles and vital records bu7 reaus. 

8 (5) Digital privacy experts. 

9 (6) Civil liberties experts. 

10 (7) Technology and cybersecurity experts. 

11 (8) Users of identity verification services. 

12 (9) Representatives with relevant expertise from 

13 academia and advocacy organizations. 

14 (10) Industry representatives with experience 

15 implementing digital identity systems. 

16 (11) Identity theft and fraud prevention ex17 perts, including advocates for victims of identity 

18 theft and fraud. 

19 (j) REPORTS.— 

20 (1) INITIAL REPORT.—Not later than 180 days 

21 after the date of enactment of this Act, the Director 

22 shall submit to the appropriate notification entities 

23 a report on the activities of the Task Force, includ24 ing— 

25 (A) recommendations on— 


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1 (i) priorities for research and develop2 ment in the systems that enable digital 

3 identity verification, including how the pri4 orities can be executed; 

5 (ii) the standards-based architecture 

6 developed pursuant to subsection (g)(4); 

7 (iii) methods to leverage digital driv8 er’s licenses, distributed ledger technology, 

9 and other technologies; and 

10 (iv) priorities for research and devel11 opment in the systems and processes that 

12 reduce identity fraud; and 

13 (B) summaries of the input and rec14 ommendations of the leaders consulted under 

15 subsection (i). 

16 (2) INTERIM REPORTS.—The Director may sub17 mit to the appropriate notification entities interim 

18 reports the Director determines necessary to support 

19 the work of the Task Force and educate the public. 

20 (3) FINAL REPORT.—Not later than 45 days 

21 before the date described in subsection (k), the Di22 rector shall submit to the appropriate notification 

23 entities a final report that includes recommendations 

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1 evant matter within the scope of the duties of the 

2 Task Force. 

3 (4) PUBLIC AVAILABILITY.—The Task Force 

4 shall make the reports required under this sub5 section publicly available on centralized website as 

6 an open Government data asset (as defined in sec7 tion 3502 of title 44, United States Code). 

8 (k) SUNSET.—The Task Force shall conclude busi9 ness on the date that is 3 years after the date of enact10 ment of this Act. 

11 SEC. 5. DIGITAL IDENTITY INNOVATION GRANTS. 

12 (a) ESTABLISHMENT.—Not later than 1 year after 

13 the date of enactment of this Act, the Secretary shall es14 tablish a grant program to award grants to State, local, 

15 Tribal, and territorial governments to upgrade systems 

16 that provide identity credentials to support the develop17 ment of highly secure, interoperable systems that enable 

18 digital identity verification. 

19 (b) REQUIRED CONSULTATION.—In establishing the 

20 grant program under subsection (a), the Secretary shall 

21 consult with the Task Force and the governmental and 

22 nongovernmental leaders described in section 4(i), with an 

23 emphasis on the consultation of— 

24 (1) leaders of State, local, Tribal, and terri25 torial governments; and 


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1 (2) leaders of State, local, Tribal, and terri2 torial agencies that issue identity credentials or pro3 vide identity verification services and support relat4 ing to identify verification services. 

5 (c) USE OF FUNDS.—A State, local, Tribal, or terri6 torial government that receives a grant under this section 

7 shall— 

8 (1) use funds from the grant for services relat9 ing to digital identity verification; 

10 (2) implement meaningful digital identity 

11 verification cybersecurity, data protection, and pri12 vacy safeguards consistent with, or in excess of, any 

13 safeguards described in management guidance issued 

14 by the National Institute of Standards and Tech15 nology relating to— 

16 (A) digital identity; 

17 (B) cybersecurity; 

18 (C) privacy; 

19 (D) equity; or 

20 (E) accessibility; 

21 (3) expend not less than 10 percent of grant 

22 funds to provide services that assist individuals with 

23 obtaining identity credentials or identity verification 

24 services needed to obtain a driver’s license or a com25 parable identity card; and 


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1 (4) comply with any other requirements deter2 mined relevant by the Secretary to ensure the effec3 tive administration of the grant program established 

4 under this section. 

5 (d) REQUIREMENTS.—A State, local, Tribal, or terri6 torial government that receives a grant under this section 

7 shall expend amounts from the grant in a manner that— 

8 (1) complies with the management guidance of 

9 the National Institute of Standards and Technology 

10 described in subsection (c)(2); and 

11 (2) does not correspond with a matter described 

12 in section 4(h). 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary such sums 

15 as may be necessary to carry out this section. 

16 SEC. 6. SECURITY ENHANCEMENTS TO FEDERAL SYSTEMS. 

17 (a) GUIDANCE FOR FEDERAL AGENCIES.—Not later 

18 than 180 days after the date on which the Director sub19 mits the report required under section 4(j)(1), the Direc20 tor of the Office of Management and Budget shall issue 

21 guidance to Federal agencies for the purpose of imple22 menting any recommendations included in such report de23 termined appropriate by the Director of the Office of Man24 agement and Budget. 


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1 (b) REPORTS ON FEDERAL AGENCY PROGRESS IM2 PROVING DIGITAL IDENTITY VERIFICATION CAPABILI3 TIES.— 

4 (1) ANNUAL REPORT ON GUIDANCE IMPLEMEN5 TATION.—Not later than 1 year after the date of the 

6 issuance of guidance under subsection (a), and an7 nually thereafter, the head of each Federal agency 

8 shall submit to the Director of the Office of Manage9 ment and Budget a report on the efforts of the Fed10 eral agency to implement that guidance. 

11 (2) PUBLIC REPORT.— 

12 (A) IN GENERAL.—Not later than 450 

13 days after the date of the issuance of guidance 

14 under subsection (a), and annually thereafter, 

15 the Director shall develop and make publicly 

16 available a report that includes— 

17 (i) a list of digital identity verification 

18 services offered by Federal agencies; 

19 (ii) the volume of digital identity 

20 verifications performed by each Federal 

21 agency; 

22 (iii) information relating to the effec23 tiveness of digital identity verification serv24 ices by Federal agencies; and 


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1 (iv) recommendations to improve the 

2 effectiveness of digital identity verification 

3 services by Federal agencies. 

4 (B) CONSULTATION.—In developing the 

5 first report required under subparagraph (A), 

6 the Director shall consult the Task Force. 

7 (3) CONGRESSIONAL REPORT ON FEDERAL

8 AGENCY DIGITAL IDENTITY CAPABILITIES.— 

9 (A) IN GENERAL.—Not later than 180 

10 days after the date of the enactment of this 

11 Act, the Director of the Office of Management 

12 and Budget, in coordination with the Director 

13 of the Cybersecurity and Infrastructure Secu14 rity Agency, shall submit to the Committee on 

15 Homeland Security and Governmental Affairs 

16 of the Senate and the Committee on Oversight 

17 and Reform of the House of Representatives a 

18 report relating to the implementation and effec19 tiveness of the digital identity capabilities of 

20 Federal agencies. 

21 (B) CONSULTATION.—In developing the 

22 report required under subparagraph (A), the 

23 Director of the Office of Management and 

24 Budget shall— 

25 (i) consult with the Task Force; and 


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1 (ii) to the greatest extent practicable, 

2 include in the report recommendations of 

3 the Task Force. 

4 (C) CONTENTS OF REPORT.—The report 

5 required under subparagraph (A) shall in6 clude— 

7 (i) an analysis, including metrics and 

8 milestones, for the implementation by Fed9 eral agencies of— 

10 (I) the guidelines published by 

11 the National Institute of Standards 

12 and Technology in the document enti13 tled ‘‘Special Publication 800–63’’ 

14 (commonly referred to as the ‘‘Digital 

15 Identity Guidelines’’), or any suc16 cessor document; and 

17 (II) if feasible, any additional re18 quirements relating to enhancing dig19 ital identity capabilities identified in 

20 the document of the Office of Man21 agement and Budget entitled ‘‘M–19– 

22 17’’ and issued on May 21, 2019, or 

23 any successor document; 

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1 rity, and privacy of digital identity 

2 verification services offered by Federal 

3 agencies; and 

4 (iii) any other relevant data, informa5 tion, or plans for Federal agencies to im6 prove the digital identity capabilities of 

7 Federal agencies. 

8 (c) ADDITIONAL REPORTS.—On the first March 1 oc9 curring after the date described in subsection (b)(3)(A), 

10 and annually thereafter, the Director of the Office of Man11 agement and Budget shall include in the report required 

12 under section 3553(c) of title 44, United States Code— 

13 (1) any additional and ongoing reporting on the 

14 matters described in subsection (b)(3)(C); and 

15 (2) associated information collection mecha16 nisms. 

17 SEC. 7. GAO REPORT. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date of enactment of this Act, the Comptroller General 

20 of the United States shall submit to Congress a report 

21 on the estimated potential savings, due to the increased 

22 adoption and widespread use of digital identification, of— 

23 (1) the Federal Government from averted ben24 efit fraud; and 


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1 (2) the economy of the United States and con2 sumers from averted identity theft. 

3 (b) CONTENTS.—Among other variables the Comp4 troller General of the United States determines relevant, 

5 the report required under subsection (a) shall include mul6 tiple scenarios with varying uptake rates to demonstrate 

7 a range of possible outcomes. 

Æ 


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