I 

108TH CONGRESS 

2D SESSION H. R. 5178

To direct the Secretary of Transportation to carry out a pilot program 

to improve the security of State drivers’ licenses and identification cards, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2004

Mr. MORAN of Virginia introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL

To direct the Secretary of Transportation to carry out a 

pilot program to improve the security of State drivers’ 

licenses and identification cards, 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 ‘‘Driver’s License Im5 provement and Security Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) The terrorist attacks of September 11, 

2 2001, illuminated many flaws in the Nation’s domes3 tic security, especially in its identification system. 

4 (2) Drivers’ licenses and identification cards 

5 issued by States have become the favored form of 

6 identity verification in the United States and are 

7 used by government agencies and private entities 

8 alike. 

9 (3) Inconsistent requirements between the 

10 States for initial identity verification and insufficient 

11 verification of identity documents have made the 

12 identification systems of States a prime target for 

13 fraud and identity theft. 

14 (4) Different designs on drivers’ licenses and 

15 identification cards issued by States have created a 

16 market, including sales on the Internet, for fake 

17 cards that look real to those who are unfamiliar with 

18 the official designs. 

19 (5) The use of new technologies will improve 

20 the security of State identification systems. 

21 (6) Identification card technologies that accom22 modate other government and private applications 

23 create a Federal benefit that justifies Federal assist24 ance. 
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1 (7) Improving the security of drivers’ licenses 

2 and identification cards issued by the States will 

3 eliminate multiple licensing of individuals who com4 mit fraud, impede the purchase of alcohol and to5 bacco products by underage individuals, and severely 

6 reduce identity theft. 

7 (8) The report of the Markle Foundation Task 

8 Force on National Security in the Information Age, 

9 published in December 2003, recommended that the 

10 Federal Government develop standards for State 

11 drivers’ licenses and identification cards and exam12 ine the application of smart card and biometric in13 formation technologies to such drivers’ licenses and 

14 identification cards. 

15 (9) The Final Report of the National Commis16 sion on Terrorist Attacks Upon the United States 

17 (also known as the ‘‘9/11 Commission’’) described 

18 the potential for biometric identifiers in reducing 

19 identity fraud and specifically recommended that the 

20 Federal Government set standards for the issuance 

21 of drivers’ licenses. 

22 SEC. 3. STATE DRIVER’S LICENSE AND IDENTIFICATION 

23 CARD PILOT PROGRAMS. 

24 (a) DEFINITIONS.—In this section, the following defi25 nitions apply: 
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1 (1) DRIVER’S LICENSE.—The term ‘‘driver’s li2 cense’’ means a license issued by the motor vehicle 

3 agency of a State to an individual that authorizes 

4 the individual to operate a motor vehicle on high5 ways. 

6 (2) IDENTIFICATION CARD.—The term ‘‘identi7 fication card’’ means an identification card issued by 

8 the motor vehicle agency of a State to an individual. 

9 (3) PARTICIPATING STATE.—The term ‘‘partici10 pating State’’ means a State that is participating in 

11 the pilot program established under this section. 

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

13 the Secretary of Transportation. 

14 (b) ESTABLISHMENT OF VOLUNTARY PILOT PRO15 GRAM.—

16 (1) IN GENERAL.—The Secretary shall carry 

17 out a pilot program to assist States in developing 

18 and implementing a driver’s license and identifica19 tion card program that meets the requirements of 

20 this section. 

21 (2) APPLICATIONS.—In order to be eligible to 

22 participate in the pilot program, a State shall sub23 mit to the Secretary an application in such form and 

24 containing such information as the Secretary may 

25 require. 
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1 (3) NUMBER OF PARTICIPATING STATES.—The 

2 Secretary may select not more than 6 States for par3 ticipation in the pilot program. 

4 (c) STATE DRIVER’S LICENSE AND IDENTIFICATION

5 CARD PROGRAMS.—In order to be eligible to participate 

6 in the pilot program, a State shall provide assurances sat7 isfactory to the Secretary that the State will develop and 

8 implement a driver’s license and identification card pro9 gram under which the State meets the following require10 ments: 

11 (1) COMPUTER CHIPS IN DRIVERS’ LICENSES

12 AND ID CARDS.—

13 (A) IN GENERAL.—A participating State 

14 shall embed a computer chip in each new or re15 newed driver’s license or identification card 

16 issued by the State. 

17 (B) REQUIREMENTS FOR COMPUTER

18 CHIPS.—A computer chip embedded in a driv19 er’s license or identification card under this 

20 paragraph shall—

21 (i) contain, in electronic form, all text 

22 data written on the license or card; 

23 (ii) contain encoded biometric data 

24 matching the holder of the license or card; 
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1 (iii) contain encryption and security 

2 software or hardware (or both) that pre3 vents access to data stored on the chip 

4 without the express consent of the indi5 vidual to whom the data applies, other 

6 than access by a Federal, State, or local 

7 agency (including a court or law enforce8 ment agency) in carrying out its functions, 

9 or by a private entity acting on behalf of 

10 a Federal, State, or local agency in car11 rying out its functions; 

12 (iv) accept data or software written to 

13 the license or card by non-governmental 

14 devices if the data transfer is authorized 

15 by the holder of the license or card; and 

16 (v) conform to any other standards 

17 issued by Secretary. 

18 (2) BIOMETRIC DATA.—

19 (A) IN GENERAL.—A participating State 

20 shall obtain biometric data for the identification 

21 of each individual to whom the State issues a 

22 new or renewed driver’s license or identification 

23 card and shall maintain such data. 

24 (B) REQUIREMENT FOR BIOMETRIC

25 DATA.—Biometric data obtained by a State 
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1 under this paragraph shall be of a type that can 

2 be matched to the license or card holder only 

3 with the express cooperation of the license or 

4 card holder. 

5 (3) PARTICIPATION IN LINKING OF DATA6 BASES.—

7 (A) IN GENERAL.—A participating State 

8 shall participate in a program to link State 

9 motor vehicle databases in order to provide elec10 tronic access by a State to information con11 tained in the motor vehicle databases of other 

12 States. Such program shall be established by 

13 the Secretary, subject to the consultation re14 quirements contained in subsection (d)(3). 

15 (B) REQUIREMENTS FOR INFORMATION.—

16 A motor vehicle database of a participating 

17 State shall contain, at a minimum, the fol18 lowing information: 

19 (i) All data fields printed on drivers’ 

20 licenses and identification cards issued by 

21 the State, other than the encoded biomet22 ric data stored on such licenses and cards 

23 under paragraph (1). 

24 (ii) Biometric data obtained under 

25 paragraph (2) from each individual to 
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1 whom the State issues a new or renewed 

2 driver’s license or identification card. 

3 (iii) Motor vehicle drivers’ histories, 

4 including motor vehicle violations, suspen5 sions, and points on licenses. 

6 (4) TAMPER-RESISTANT SECURITY FEA7 TURES.—A participating State shall include on each 

8 new or renewed driver’s license or identification card 

9 issued by the State, multiple tamper-resistant secu10 rity features or optical image layers, such as biomet11 ric scans, barcodes, 3D, flip, or motion imaging, to 

12 assist in visual verification that the license or card 

13 is valid. 

14 (5) DOCUMENTATION.—A participating State 

15 shall adopt and implement procedures for accurately 

16 documenting the identity and residence of an indi17 vidual before issuing a driver’s license or identifica18 tion card to the individual. 

19 (d) GUIDELINES.—

20 (1) IN GENERAL.—Not later than 2 years after 

21 the date of enactment of this section, the Secretary 

22 shall issue guidelines to assist participating States in 

23 complying with the requirements of subsection (c). 
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1 (2) CONTENTS.—The guidelines issued under 

2 this subsection shall contain, at a minimum, the fol3 lowing: 

4 (A) Standards for the computer chip tech5 nology required for compliance with subsection 

6 (c)(1), including—

7 (i) standards to ensure interoper8 ability and the ability to store multiple ap9 plications created by government agencies 

10 and private entities and transmitted to the 

11 license or card with the express consent of 

12 the license or card holder; and 

13 (ii) standards for the encoded biomet14 ric data that must be contained on each 

15 computer chip and requirements to ensure 

16 that such biometric data will be used only 

17 for matching the license or card to the pre18 senter. 

19 (B) Standards for biometric data to be ob20 tained from applicants for new or renewed 

21 State drivers’ licenses and identification cards 

22 under subsection (c)(2) and standards for main23 taining such data. 

24 (C) Standards for linking State motor ve25 hicle databases under subsection (c)(3) and 
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1 standards for the information to be contained 

2 in the databases. 

3 (D) Standards for security features or op4 tical image layers to be placed on State drivers’ 

5 licenses and identification cards under sub6 section (c)(4). 

7 (E) Standards for documentation of the 

8 identity and residence of an individual under 

9 subsection (c)(5), including a list of acceptable 

10 documents for establishing the identity and res11 idence of an individual and procedures for 

12 verifying the authenticity of the documents. 

13 (F) Standards for a numbering system for 

14 State drivers’ licenses and identification cards 

15 that prevents duplication between States and 

16 does not make use of the license or card hold17 er’s social security number. 

18 (3) CONSULTATION.—Guidelines issued by the 

19 Secretary under this subsection shall be developed in 

20 consultation with the American Association of Motor 

21 Vehicle Administrators, the General Services Admin22 istration, and the National Institute of Standards 

23 and Technology. 

24 (4) ADMINISTRATIVE PROCEDURES.—The Sec25 retary may issue guidelines under this subsection 
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1 without regard to subchapter II of chapter 5 of title 

2 5, United States Code. 

3 (e) GRANTS.—

4 (1) IN GENERAL.—The Secretary may make 

5 grants to each participating State to assist the State 

6 in developing and implementing a driver’s license 

7 and identification card program that meets the re8 quirements of subsections (b) and (c). 

9 (2) FEDERAL SHARE.—The Federal share of 

10 the cost of activities funded using amounts from a 

11 grant received by a State under this subsection shall 

12 be 100 percent or a lesser percentage determined by 

13 the Secretary. 

14 (3) REPORTS.——

15 (A) STATE REPORTS.—The Secretary shall 

16 require a State that receives a grant under this 

17 subsection to submit to the Secretary a report 

18 on the activities carried out by the State using 

19 amounts from the grant. 

20 (B) REPORT TO CONGRESS.—Not later 

21 than one year after the date on which the Sec22 retary first makes grants under the pilot pro23 gram, the Secretary shall transmit to Congress 

24 a report on the results of the program, includ25 ing an assessment of the technology, reliability, 
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1 effectiveness, and cost of the driver’s license 

2 and identification card programs of partici3 pating States. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated $100,000,000 to carry out 

6 this section. Such sums shall remain available until ex7 pended. 

8 SEC. 4. NATIONAL INSTITUTE OF STANDARDS AND TECH9 NOLOGY. 

10 (a) STUDY.—The Director of the National Institute 

11 of Standards and Technology, in consultation with the 

12 States and the American Association of Motor Vehicle Ad13 ministrators, shall conduct a study of on-card biometric 

14 technologies to determine which technology is most effec15 tive and usable for purposes of the pilot program estab16 lished under section 3. 

17 (b) DETERMINATIONS.—In conducting the study, the 

18 Director shall shall determine—

19 (1) what type of biometric identifier, or com20 bination of biometric identifiers, when captured and 

21 stored on the card in the form of a numeric algo22 rithm is least prone to error; and 

23 (2) what combination of technologies and infor24 mation sharing arrangements will prevent individ-
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1 uals from possessing multiple concurrent State driv2 ers’ licenses or identification cards. 

3 (c) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, the Director shall submit to the 

5 Secretary of Transportation a report on the results of the 

6 study. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as may be 

9 necessary to carry out this section.

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