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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 744 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 744

To authorize certain Department of State personnel, who are responsible 
 for examining and processing United States passport applications, to 
 access relevant information in Federal, State, and other records and 
  databases, for the purpose of verifying the identity of a passport 
    applicant and detecting passport fraud, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 5), 2011

Mr. Cardin (for himself, Mrs. Feinstein, Mr. Lieberman, and Mr. Kerry) 
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 
 access relevant information in Federal, State, and other records and 
  databases, for the purpose of verifying the identity of a passport 
    applicant and detecting passport fraud, 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 relevant information contained in 
        Federal, State, and other records and databases for the 
        purposes of lawfully--
                    (A) verifying the identity of a passport applicant;
                    (B) detecting passport fraud; and
                    (C) denying or revoking a passport.
            (6) In its final report, the National Commission on 
        Terrorist Attacks Upon the United States (commonly known as the 
        ``9/11 Commission'')--
                    (A) noted the ease with which terrorists could 
                obtain United States identity documents, such as 
                fraudulent driver's licenses, birth certificates, and 
                other sources of identification, which could be used by 
                terrorists to obtain United States passports that would 
                allow them to board airlines, rent cars, open bank 
                accounts, and carry on other activities needed to 
                facilitate their mission; and
                    (B) 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--
                    (A) helps to make travel simple, easy, and 
                convenient for legitimate visitors; and
                    (B) dramatically improves the ability to detect the 
                activities of those who wish to do harm or violate the 
                laws of the United States.

SEC. 3. ACCESS TO RELEVANT INFORMATION IN FEDERAL, STATE, AND OTHER 
              RECORDS AND DATABASES.

    Section 104 of the Immigration and Nationality Act (8 U.S.C. 1104) 
is amended by adding at the end the following:
    ``(f) Authorized Data Sharing Activities.--(1) For data sharing 
purposes only, and notwithstanding any other provision of law, when 
Department of State personnel authorized by the Secretary of State to 
grant, refuse, revoke, deny, or adjudicate United States passports are 
lawfully engaged in authorized data sharing activities relating to the 
granting, refusal, revocation, or adjudication of such passports, such 
activities 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).
    ``(2) Designated Department of State personnel with the authority 
to grant, refuse, revoke, deny or adjudicate United States passports 
are engaged in `authorized data sharing activities' (as set forth in 
paragraph (1) and the regulations promulgated pursuant to section 4 of 
the Passport Identity Verification Act) if such personnel act in 
compliance with such regulations and are seeking to lawfully--
            ``(A) verify the identity of a passport applicant;
            ``(B) detect passport fraud; or
            ``(C) deny or revoke a passport.''.

SEC. 4. DATA SHARING REGULATIONS, PROCEDURES, AND POLICIES.

    (a) Rulemaking.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of State shall promulgate final 
regulations to implement section 104(f) of the Immigration and 
Nationality Act, as added by section 3. Such regulations shall--
            (1) specify which Department of State personnel have a need 
        to know and will be given access to the relevant information 
        contained in the records and databases described in such 
        section;
            (2) require Department of State personnel who will be given 
        access to the relevant information contained in the records and 
        databases described in such section to successfully complete 
        all ongoing training and certification requirements for such 
        access;
            (3) require Department of State personnel to access the 
        relevant information contained in such records and databases 
        for the lawful purposes set forth in such section and this Act;
            (4) ensure that the relevant information contained in the 
        records and databases described in such section, are only 
        accessed for the lawful purposes set forth in such section and 
        this Act;
            (5) ensure that the Department of State personnel accessing 
        the information contained in such records and databases--
                    (A) do not violate the security, confidentiality, 
                or privacy of such information;
                    (B) successfully complete all ongoing training and 
                certification requirements for access to such 
                information; and
                    (C) do not have access to any medical, religious, 
                or other personal information that is irrelevant to the 
                lawful purposes set forth in such section and this Act;
            (6) establish audit and reporting procedures and policies 
        to verify that the information contained in such records and 
        databases is only being accessed for the lawful purposes set 
        forth in such section and this Act;
            (7) require prompt reporting to Under Secretary of State 
        for Management, of--
                    (A) any unauthorized access to the information 
                contained in such records and databases; or
                    (B) any access to the information contained in such 
                records and databases for unauthorized purposes; and
            (8) require the Under Secretary of State for Management 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.
    (b) Defined Term.--As used in this Act, the term ``relevant 
information'' means information relating to a person that is contained 
in records and databases maintained by any Federal, State, tribal, 
territory, or local government department or agency, or private entity 
or organization, which contains--
            (1) criminal history information;
            (2) driver's license or motor vehicle information 
        (including photographs);
            (3) marriage, birth, or death information;
            (4) naturalization or immigration information; or
            (5) other information that can be used to lawfully verify 
        the identity of the passport applicant, detect passport fraud, 
        or deny or revoke a passport, except for medical, religious, 
        and other personal information and records which are irrelevant 
        to such purposes.

SEC. 5. STUDY AND REPORT.

    (a) Study.--
            (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 carry out a 
        study 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--
                            (i) to verify the identity of the passport 
                        applicant and user; and
                            (ii) to detect passport fraud; and
                    (B) if technology should be employed to verify the 
                authenticity of driver's licenses and other identity 
                documents that are presented at passport acceptance 
                facilities.
            (2) Factors.--In carrying out the study under paragraph 
        (1), the Secretary of State 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 study 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.
                                 <all>
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