I 

108TH CONGRESS 

2D SESSION H. R. 5148

To provide improved security for driver licenses and State identity documents. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2004

Mrs. MILLER of Michigan (for herself, Mr. TOM DAVIS of Virginia, Mr. 

SHAYS, and Mr. CARTER) introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the 

Committee on the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL

To provide improved security for driver licenses and State 

identity documents.

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 ‘‘Identity Management 

5 Security Act of 2004’’. 
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1 TITLE I—IMPROVED SECURITY 

2 FOR DRIVER LICENSES AND 

3 STATE IDENTITY DOCUMENTS 

4 SEC. 101. DEFINITIONS. 

5 In this title, the following definitions apply: 

6 (1) DRIVER’S LICENSE.—The term ‘‘driver’s li7 cense’’ means a motor vehicle operator’s license, as 

8 defined in section 30301 of title 49, United States 

9 Code. 

10 (2) IDENTIFICATION CARD.—The term ‘‘identi11 fication card’’ means a personal identification card, 

12 as defined in section 1028(d) of title 18, United 

13 States Code, issued by a State. 

14 (3) STATE.—The term ‘‘State’’ means a State 

15 of the United States, the District of Columbia, Puer16 to Rico, the Virgin Islands, Guam, American Samoa, 

17 the Northern Mariana Islands, the Trust Territory 

18 of the Pacific Islands, and any other territory or 

19 possession of the United States. 

20 (4) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Homeland Security. 

22 SEC. 102. MINIMUM DOCUMENT REQUIREMENTS AND 

23 ISSUANCE STANDARDS FOR FEDERAL REC24 OGNITION. 

25 (a) MINIMUM STANDARDS FOR FEDERAL USE.—
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1 (1) IN GENERAL.—Beginning 3 years after the 

2 date of enactment of this Act, a Federal agency may 

3 not accept, for any official purpose, a driver’s license 

4 or identification card issued by a State to any per5 son unless the State is meeting the requirements of 

6 this section. 

7 (2) STATE CERTIFICATIONS.—The Secretary 

8 shall determine whether a State is meeting the re9 quirements of this section based on certifications 

10 made by the State to the Secretary. Such certifi11 cations shall be made at such times and in such 

12 manner as the Secretary, with the concurrence of 

13 the Secretary of Transportation, may prescribe by 

14 regulation. 

15 (b) MINIMUM DOCUMENT REQUIREMENTS.—To meet 

16 the requirements of this section, a State shall include, at 

17 a minimum, the following data elements and features on 

18 each driver’s license and identification card issued to a 

19 person by the State: 

20 (1) The person’s full legal name. 

21 (2) The person’s date of birth. 

22 (3) The person’s gender. 

23 (4) The person’s driver license or identification 

24 card number. 

25 (5) A photograph of the person. 
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1 (6) The person’s address of principal residence. 

2 (7) The person’s signature. 

3 (8) Physical security features designed to pre4 vent tampering, counterfeiting, or duplication of the 

5 document for fraudulent purposes. 

6 (9) A common machine-readable technology, 

7 with defined minimum data elements, that will facili8 tate the capture of driver’s license and identification 

9 card information by law enforcement officers. 

10 (c) MINIMUM ISSUANCE STANDARDS.—

11 (1) IN GENERAL.—To meet the requirements of 

12 this section, a State shall require, at a minimum, 

13 presentation and verification of the following data 

14 elements before issuing a driver’s license or identi15 fication card to a person: 

16 (A) A photo identity document, except that 

17 a nonphoto identity document is acceptable if it 

18 includes both the person’s full legal name and 

19 date of birth. 

20 (B) Documentation showing the person’s 

21 date of birth. 

22 (C) Proof of the person’s social security 

23 number or verification that the person is not el24 igible for a social security number. 
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1 (D) Documentation showing the person’s 

2 name and address of principal residence. 

3 (2) VERIFICATION OF DOCUMENTS.—To meet 

4 the requirements of this section, a State shall imple5 ment the following procedures: 

6 (A) Before issuing a driver’s license or 

7 identification card to a person, the State shall 

8 verify, with the issuing agency, the issuance, va9 lidity, and completeness of each document used 

10 to provide information required to be presented 

11 by the person under paragraph (1). 

12 (B) The State shall not accept any foreign 

13 document, other than an official passport, to 

14 satisfy a requirement of paragraph (1). 

15 (d) OTHER REQUIREMENTS.—To meet the require16 ments of this section, a State shall adopt the following 

17 practices in the issuance of driver licenses and identifica18 tion cards: 

19 (1) Employ technology to capture digital images 

20 of identity source documents so that the images can 

21 be retained in electronic storage in a transferable 

22 format. 

23 (2) Retain paper copies of source documents for 

24 a minimum of 7 years or images of source docu25 ments presented for a minimum of 10 years. 
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1 (3) Subject each person applying for a driver’s 

2 license or identification card to mandatory facial 

3 image capture. 

4 (4) Establish an effective procedure to confirm 

5 or verify a renewing applicant’s information. 

6 (5) Confirm with the Social Security Adminis7 tration a social security number presented by a per8 son using the full social security number. In the 

9 event that a social security number is already reg10 istered to or associated with another person to which 

11 any State has issued a driver’s license or identifica12 tion card, the State shall resolve the discrepancy and 

13 take appropriate action. 

14 (6) Refuse to issue a driver’s license or identi15 fication card to a person holding a driver’s license 

16 issued by another State without confirmation from 

17 the other State that the person is terminating or has 

18 terminated the driver’s license. 

19 (7) Ensure the physical security of locations 

20 where driver licenses and identification cards are 

21 produced and the security of document materials 

22 and papers from which driver licenses and identifica23 tion cards are produced. 
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1 (8) Subject all persons authorized to manufac2 ture or produce driver licenses and identification 

3 cards to appropriate security clearance requirements. 

4 (9) Establish fraudulent document recognition 

5 training programs for appropriate employees en6 gaged in the issuance of driver licenses and identi7 fication cards. 

8 SEC. 103. LINKING OF DATABASES. 

9 (a) IN GENERAL.—To be eligible to receive any grant 

10 or other financial assistance made available under this 

11 Act, a State shall participate in the interstate compact re12 garding sharing of driver license data, known as the 

13 ‘‘Driver License Agreement’’, in order to provide elec14 tronic access by a State to information contained in the 

15 motor vehicle databases of all other States. 

16 (b) REQUIREMENTS FOR INFORMATION.—A State 

17 motor vehicle database shall contain, at a minimum, the 

18 following information: 

19 (1) All data fields printed on driver licenses and 

20 identification cards issued by the State. 

21 (2) Motor vehicle driver histories, including 

22 motor vehicle violations, suspensions, and points on 

23 licenses. 
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1 SEC. 104. TRAFFICKING IN AUTHENTICATION FEATURES 

2 FOR USE IN FALSE IDENTIFICATION DOCU3 MENTS. 

4 Section 1028(a)(8) of title 18, United States Code, 

5 is amended by striking ‘‘false authentication features’’ and 

6 inserting ‘‘false or actual authentication features’’. 

7 SEC. 105. GRANTS TO STATES. 

8 (a) IN GENERAL.—The Secretary may make grants 

9 to a State to assist the State in conforming to the min10 imum standards set forth in this title. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary for 

13 each of the fiscal years 2005 through 2009 such sums as 

14 may be necessary to carry out this title. 

15 SEC. 106. AUTHORITY. 

16 (a) PARTICIPATION OF SECRETARY OF TRANSPOR17 TATION AND STATES.—All authority to issue regulations, 

18 certify standards, and issue grants under this title shall 

19 be carried out by the Secretary, with the concurrence of 

20 the Secretary of Transportation and in consultation with 

21 the States. 

22 (b) EXTENSIONS OF DEADLINES.—The Secretary 

23 may grant an extension to the deadline established by sec24 tion 102(a)(1) with respect to the driver licenses and iden25 tification cards issued by a State if the State submits to 
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1 the Secretary, in writing, an adequate justification, as de2 termined by the Secretary, for the extension. 

3 TITLE II—IDENTITY SECURITY 

4 OF VITAL RECORDS 

5 SEC. 201. DEFINITIONS. 

6 In this title, the following definitions apply: 

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

8 the Secretary of Homeland Security. 

9 (2) BIRTH CERTIFICATE.—The term ‘‘birth cer10 tificate’’ means a certificate of birth—

11 (A) for an individual (regardless of where 

12 born)—

13 (i) who is a citizen or national of the 

14 United States at birth; and 

15 (ii) whose birth is registered in the 

16 United States; and 

17 (B) that—

18 (i) is issued by a Federal, State, or 

19 local government agency or authorized cus20 todian of record and produced from birth 

21 records maintained by such agency or cus22 todian of record; or 

23 (ii) is an authenticated copy, issued 

24 by a Federal, State, or local government 

25 agency or authorized custodian of record, 
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1 of an original certificate of birth issued by 

2 such agency or custodian of record. 

3 SEC. 202. GAO STUDY OF THE SECURITY OF BIRTH CERTIFI4 CATES. 

5 (a) STUDY.—The Comptroller General shall conduct 

6 a study of the security of birth certificates and other birth 

7 documentation used by States as proof of identity. Such 

8 study shall include—

9 (1) an assessment of the parties involved in the 

10 issuance of birth certificates and other birth docu11 mentation within the United States; 

12 (2) an assessment of the physical security fea13 tures of domestic birth certificates and other domes14 tic birth documentation; 

15 (3) an evaluation of fraudulent activity, both 

16 domestic and foreign, of domestic birth certificates 

17 and other domestic birth documentation used to ac18 quire driver’s licenses or State-issued identification 

19 cards; and 

20 (4) an evaluation of methods used by Federal 

21 agencies, States and other parties involved in the 

22 issuance of domestic birth certificates and other do23 mestic birth documentation to reduce fraudulent ac24 tivity, both domestic and foreign. 
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1 (b) REPORT.—Not later than 1 year after the date 

2 of the enactment of this Act, the Comptroller General shall 

3 submit to Congress a report on the study conducted under 

4 subsection (a). The report shall include recommendations 

5 regarding measures needed to improve both the physical 

6 security of birth certificates and other birth documenta7 tion and the process used by parties issuing such docu8 ments, including the establishment of minimum standards 

9 if necessary, to reduce fraudulent activity. 

10 SEC. 203. ELIMINATING DUPLICATION OF VITAL RECORDS. 

11 (a) ASSISTANCE IN MATCHING BIRTH AND DEATH

12 RECORDS.—

13 (1) GRANTS.—The Secretary, in coordination 

14 with other appropriate Federal agencies, shall make 

15 grants to States to assist them in—

16 (A) computerizing their birth and death 

17 records; 

18 (B) developing the capability to match 

19 birth and death records within each State and 

20 among the States; and 

21 (C) noting the fact of death on the birth 

22 certificates of deceased persons. 

23 (2) ALLOCATION OF GRANTS.—The Secretary 

24 shall make grants to States under this subsection 

25 based on the proportion that the estimated annual 
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1 average number of birth and death records created 

2 by a State applying for a grant bears to the esti3 mated annual average number of birth and death 

4 records originated by all States. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary for 

7 each of the fiscal years 2005 through 2009 such sums as 

8 may be necessary to carry out this section.

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