I 

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. 

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 ‘‘Making Online Bank5 ing Initiation Legal and Easy Act of 2016’’ or the ‘‘MO6 BILE Act of 2016’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) AFFILIATE.—The term ‘‘affiliate’’ has the 

2 meaning given such term in section 2(k) of the Bank 

3 Holding Company Act of 1956 (12 U.S.C. 1841(k)). 

4 (2) DRIVER’S LICENSE.—The term ‘‘driver’s li5 cense’’ means a license issued by a State to an indi6 vidual which authorizes the individual to operate a 

7 motor vehicle on public streets, roads, or highways. 

8 (3) FEDERAL BANK SECRECY LAWS.—The term 

9 ‘‘Federal bank secrecy laws’’ means— 

10 (A) section 21 of the Federal Deposit In11 surance Act (12 U.S.C. 1829b); 

12 (B) section 123 of Public Law 91–508; 

13 and 

14 (C) subchapter II of chapter 53 of title 31, 

15 United States Code. 

16 (4) FINANCIAL INSTITUTION.—The term ‘‘fi17 nancial institution’’ means— 

18 (A) an insured depository institution, as 

19 defined in section 3 of the Federal Deposit In20 surance Act (12 U.S.C. 1813); 

21 (B) an insured credit union, as defined in 

22 section 101 of the Federal Credit Union Act 

23 (12 U.S.C. 1752); or 

24 (C) any affiliate of an insured depository 

25 institution or insured credit union. 


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1 (5) FINANCIAL PRODUCT OR SERVICE.—The 

2 term ‘‘financial product or service’’ has the meaning 

3 given such term in section 1002(15) of the Con4 sumer Financial Protection Act of 2010 (12 U.S.C. 

5 5481(15)). 

6 (6) PERSONAL IDENTIFICATION CARD.—The 

7 term ‘‘personal identification card’’ means an identi8 fication document issued by a State or local govern9 ment to an individual solely for the purpose of iden10 tification of such individual. 

11 (7) STATE.—The term ‘‘State’’ means any 

12 State of the United States, the District of Columbia, 

13 the Commonwealth of Puerto Rico, and any other 

14 commonwealth, possession, or territory of the United 

15 States. 

16 (8) SWIPE.—The term ‘‘swipe’’ means the act 

17 of using a device on a driver’s license or personal 

18 identification card to decipher, in an electronically 

19 readable format, personal information displayed on 

20 or electronically encoded on the driver’s license or 

21 personal identification card. 

22 SEC. 3. USE OF A DRIVER’S LICENSE OR PERSONAL IDENTI23 FICATION CARD. 

24 (a) IN GENERAL.—With the consent of an individual, 

25 a financial institution may record personal information 


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1 from a swipe of the individual’s driver’s license or personal 

2 identification card, or make a copy of the individual’s driv3 er’s license or personal identification card, and store or 

4 retain such information in any electronic format for pur5 poses of opening an account with the financial institution 

6 or obtaining a financial product or service from the finan7 cial institution. Except as required to comply with Federal 

8 bank secrecy laws, the financial institution may only use 

9 the personal information— 

10 (1) to verify the authenticity of the driver’s li11 cense or personal identification card with the State 

12 that issued the driver’s license or personal identifica13 tion card; 

14 (2) to verify the identity of the individual; and 

15 (3) to comply with a legal requirement to 

16 record, retain, or transmit the personal information 

17 in connection with opening the account or obtaining 

18 the financial product or service. 

19 (b) NOTICE TO CONSUMER.—A financial institution 

20 that swipes or copies an individual’s driver’s license or per21 sonal identification card in accordance with subsection (a) 

22 shall inform the individual about the type of information 

23 collected. 

24 (c) RESTRICTIONS ON USE OF INFORMATION.—A fi25 nancial institution that obtains information from a swipe 


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1 or a copy of a driver’s license or personal identification 

2 card as described in subsection (a) may not sell, rent, 

3 transfer, or make the personal information available to an4 other person (other than an affiliate). 

5 SEC. 4. RELATION TO STATE LAW. 

6 The provisions of this Act shall preempt and super7 sede any State law that conflicts with a provision of this 

8 Act, but only to the extent of such conflict. 

Æ 


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