I
107TH CONGRESS
2D SESSION
H. R. 4633
To amend title 23, United States Code, to establish standards for State
programs for the issuance of drivers’ licenses and identification cards,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 1, 2002
Mr. MORAN of Virginia (for himself and Mr. TOM DAVIS of Virginia) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure, and in addition to the Committees on the
Judiciary and Science, 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 amend title 23, United States Code, to establish stand-
ards for State programs for the issuance of drivers’
licenses and identification cards, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Driver’s License Mod-
ernization Act of 2002’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The terrorist attacks of September 11,
2001, illuminated many flaws in the Nation’s domes-
tic security, especially in its identification system.
(2) Drivers’ licenses and identification cards
issued by States have become the favored form of
identity verification in the United States and are
used by government agencies and private entities
alike.
(3) Inconsistent requirements between the
States for initial identity verification and insufficient
verification of identity documents have made the
identification systems of States a prime target for
fraud and identity theft.
(4) Different designs on drivers’ licenses and
identification cards issued by States have created a
market, including sales on the Internet, for fake
cards that look real to those who are unfamiliar with
the official designs.
(5) Improving the security of State identifica-
tion systems will require taking advantage of new
technology.
(6) Identification card technologies that can ac-
commodate other government and private applica-
tions will provide the best return on the investment
in the new cards.
(7) It is necessary to improve the security of
drivers’ licenses and identification cards issued by
States so that multiple licensing of individuals will
be eliminated, the purchase of alcohol and tobacco
products by underage individuals will be reduced,
and identity theft will be severely reduced.
SEC. 3. STATE DRIVER’S LICENSE AND IDENTIFICATION
CARD PROGRAMS.
(a) IN GENERAL.—Subchapter I of chapter I of title
23, United States Code, is amended by adding at the end
the following:
‘‘§ 165. State driver’s license and identification card
programs
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) DRIVER’S LICENSE.—The term ‘driver’s li-
cense’ means a license issued by the motor vehicle
agency of a State to an individual that authorizes
the individual to operate a motor vehicle on high-
ways.
‘‘(2) IDENTIFICATION CARD.—The term ‘identi-
fication card’ means an identification card issued by
the motor vehicle agency of a State to an individual.
‘‘(b) STATE DRIVER’S LICENSE AND IDENTIFICA-
TION CARD PROGRAMS.—Not later than 5 years after the
date of enactment of this section, each State shall have
in effect a driver’s license and identification card program
under which the State meets the following requirements:
‘‘(1) COMPUTER CHIPS IN DRIVERS’ LICENSES
AND ID CARDS.—
‘‘(A) IN GENERAL.—A State shall embed a
computer chip in each new or renewed driver’s
license or identification card issued by the
State.
‘‘(B) 
REQUIREMENTS
FOR
COMPUTER
CHIPS.—A computer chip embedded in a driv-
er’s license or identification card under this
paragraph shall—
‘‘(i) contain, in electronic form, all
text data written on the license or card;
‘‘(ii) contain encoded biometric data
matching the holder of the license or card;
‘‘(iii) contain encryption and security
software or hardware (or both) that pre-
vents access to data stored on the chip
without the express consent of the indi-
vidual to whom the data applies, other
than access by a Federal, State, or local
agency (including a court or law enforce-
ment agency) in carrying out its functions,
or by a private entity acting on behalf of
a Federal, State, or local agency in car-
rying out its functions;
‘‘(iv) accept data or software written
to the license or card by non-governmental
devices if the data transfer is authorized
by the holder of the license or card; and
‘‘(v) conform to any other standards
issued by Secretary.
‘‘(2) BIOMETRIC DATA.—
‘‘(A) IN GENERAL.—A State shall obtain
biometric data for the identification of each in-
dividual to whom the State issues a new or re-
newed driver’s license or identification card and
shall maintain such data.
‘‘(B) 
REQUIREMENT
FOR
BIOMETRIC
DATA.—Biometric data obtained by a State
under this paragraph shall be of a type that can
be matched to the license or card holder only
with the express cooperation of the license or
card holder.
‘‘(3) PARTICIPATION
IN
LINKING
OF
DATA-
BASES.—
‘‘(A) IN GENERAL.—A State shall partici-
pate in a program to link State motor vehicle
databases in order to provide electronic access
by a State to information contained in the
motor vehicle databases of all other States.
‘‘(B) 
REQUIREMENTS
FOR
INFORMA-
TION.—A State motor vehicle database shall
contain, at a minimum, the following informa-
tion:
‘‘(i) All data fields printed on drivers’
licenses and identification cards issued by
the State, other than the encoded biomet-
ric data stored on such licenses and cards
under paragraph (1).
‘‘(ii) Biometric data obtained under
paragraph (2) from each individual to
whom the State issues a new or renewed
driver’s license or identification card.
‘‘(iii) Motor vehicle drivers’ histories,
including motor vehicle violations, suspen-
sions, and points on licenses.
‘‘(4) 
TAMPER-RESISTANT
SECURITY
FEA-
TURES.—A State shall include on each new or re-
newed driver’s license or identification card issued
by the State, multiple tamper-resistant security fea-
tures or optical image layers, such as biometric
scans, barcodes, 3D, flip, or motion imaging, to as-
sist in visual verification that the license or card is
valid.
‘‘(5) DOCUMENTATION.—A State shall adopt
and implement procedures for accurately docu-
menting the identity and residence of an individual
before issuing a driver’s license or identification card
to the individual.
‘‘(c) GUIDELINES.—
‘‘(1) IN GENERAL.—Not later than 6 months
after the date of enactment of this section, the Sec-
retary shall issue guidelines to assist States in com-
plying with the requirements of subsection (b).
‘‘(2) CONTENTS.—The guidelines issued under
this subsection shall contain, at a minimum, the fol-
lowing:
‘‘(A) Standards for the computer chip
technology required for compliance with sub-
section (b)(1), including—
‘‘(i) standards to ensure interoper-
ability and the ability to store multiple ap-
plications created by government agencies
and private entities and transmitted to the
license or card with the express consent of
the license or card holder; and
‘‘(ii) standards for the encoded bio-
metric data that must be contained on
each computer chip and requirements to
ensure that such biometric data will be
used only for matching the license or card
to the presenter and will not be stored in
a central database.
‘‘(B) Standards for biometric data to be
obtained from applicants for new or renewed
State drivers’ licenses and identification cards
under subsection (b)(2) and standards for
maintaining such data.
‘‘(C) Standards for linking State motor ve-
hicle databases under subsection (b)(3) and
standards for the information to be contained
in the databases.
‘‘(D) Standards for security features or op-
tical image layers to be placed on State drivers’
licenses and identification cards under sub-
section (b)(4).
‘‘(E) Standards for documentation of the
identity and residence of an individual under
subsection (b)(5), including a list of acceptable
documents for establishing the identity and res-
idence of an individual and procedures for
verifying the authenticity of the documents.
‘‘(F) Standards for a numbering system
for State drivers’ licenses and identification
cards that prevents duplication between States
and does not make use of the license or card
holder’s Social Security number.
‘‘(3) CONSULTATION.—Guidelines issued by the
Secretary under this subsection shall be developed in
consultation with the American Association of Motor
Vehicle Administrators, the General Services Admin-
istration, and the National Institute of Standards
and Technology.
‘‘(4) ADMINISTRATIVE PROCEDURES.—The Sec-
retary may issue guidelines under this subsection
without regard to subchapter II of chapter 5 of title
5.
‘‘(d) GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may make
grants to each State to assist the State in developing
and implementing a driver’s license and identifica-
tion card program that meet the requirements of
subsection (b).
‘‘(2) GRANTS FOR LINKING OF STATE MOTOR
VEHICLE
DATABASES.—The Secretary may make
separate grants under this subsection to each State
to assist the State in developing and implementing
computer technologies and databases required to
link State motor vehicle databases under subsection
(b)(3).
‘‘(3) APPLICATIONS.—A State seeking a grant
under this subsection shall submit to the Secretary
an application that is in such form and contains
such information as the Secretary may require. The
Secretary shall evaluate such applications in the
order received and award grants upon approval of an
application.
‘‘(4) FEDERAL SHARE.—The Federal share of
the cost of activities funded using amounts from a
grant received by a State under this subsection shall
be 100 percent or a lesser percentage determined by
the Secretary.
‘‘(5) TECHNICAL ASSISTANCE FROM GSA.—For
purposes of section 201(a) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
481(a)), a State carrying out activities using
amounts from a grant under this section shall be
treated as an executive agency and part of the De-
partment of Transportation when carrying out such
activities. For purposes of carrying out such activi-
ties, the Secretary shall, at the request of a State,
enter into an agreement for the acquisition, on be-
half of the State, of any goods, services, or supplies
available to the Secretary from the General Services
Administration, including acquisitions from prime
venders. All such acquisitions shall be undertaken
through the most efficient and speedy means prac-
ticable, including through electronic ordering ar-
rangements.
‘‘(6) REPORTS.—The Secretary shall require a
State that receives a grant under this subsection to
submit to the Secretary, not later than 1 year after
the date of implementation of the activities funded
using the amounts of the grant, a report on the re-
sults of the activities.
‘‘(7) REPAYMENT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), if the Secretary determines
that a State receiving a grant under this sub-
section has not met the requirements of sub-
section (b) on or before the last day of the 5-
year period beginning on the date of enactment
of this section, the Secretary may require the
State to repay, in whole or in part, the total
amount received by the State in grants under
this subsection.
‘‘(B) GRANTS
FOR
LINKING
OF
STATE
MOTOR VEHICLE DATABASES.—In the case of a
grant received under paragraph (2), if the Sec-
retary determines that a State receiving the
grant has not met the requirements of sub-
section (b)(3) on or before the last day of the
5-year period beginning on the date of enact-
ment of this section, the Secretary may require
the State to repay, in whole or in part, the total
amount received by the State in grants under
paragraph (2).
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated—
‘‘(A) $100,000,000 for making grants
under paragraph (1); and
‘‘(B) $200,000,000 for making grants
under paragraph (2).
Such sums shall remain available until expended.
‘‘(e) TRANSITION FROM NATIONAL DRIVER REG-
ISTER.—After the last day of the 5-year period beginning
on the date of enactment of this section, no amounts may
be appropriated to carry out chapter 303 of title 49. The
Secretary shall provide for the orderly transition from the
National Driver Register maintained under such chapter
303 to the program established under subsection (b)(3).’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by adding at the end of the items
relating to subchapter I the following:
‘‘165. State driver’s license and identification card programs.’’.
SEC. 4. FORGERY OR FALSE USE OF DRIVER’S LICENSE OR
IDENTIFICATION CARD.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 123 the following:
‘‘CHAPTER 125—STATE DRIVERS’
LICENSES AND IDENTIFICATION CARDS
‘‘Sec.
‘‘2731. Definitions.
‘‘2732. Forgery, fraudulent acquisition, or false use of driver’s license or identi-
fication card.
‘‘§ 2731. Definitions
‘‘In this chapter, the terms ‘driver’s license’ and
‘identification card’ have the meanings given such terms
in section 165 of title 23.
‘‘§ 2732. Forgery, fraudulent acquisition, or false use
of driver’s license or identification card
‘‘Whoever—
‘‘(1) falsely makes, forges, counterfeits, muti-
lates, or alters any driver’s license or identification
card or instrument purporting to be a driver’s li-
cense or identification card, with intent that the li-
cense or card may be used,
‘‘(2) except by lawful authority, makes a tem-
plate or similar device from which there may be
printed a counterfeit driver’s license or identification
card,
‘‘(3) obtains or assists in obtaining a driver’s li-
cense or identification card through willful misrepre-
sentation of identity, presentation of falsified iden-
tity documents such as birth certificates or pass-
ports, or other fraudulent representation,
‘‘(4) tampers with, alters, or destroys a com-
puter chip embedded in a driver’s license or identi-
fication card or data contained on the computer
chip, or
‘‘(5) except by lawful authority, accesses data
contained on a computer chip embedded in a driver’s
license or identification card,
shall be fined under this title, imprisoned not more than
20 years, or both.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part I of title 18, United States Code,
is amended by adding at the end the following:
‘‘127. State drivers’ licenses and identification cards ......... 2731’’.
SEC. 5. INNOVATIVE USES PILOT PROGRAM.
(a) IN GENERAL.—The National Science Foundation
may make grants to States for the implementation of pro-
grams that utilize computer chips embedded in drivers’ li-
censes and identification cards (as such terms are defined
in section 165 of title 23, United States Code) for innova-
tive uses that enhance government services.
(b) INNOVATIVE USES.—The innovative uses referred
to in subsection (a) may include the issuance of food
stamps, voter registration, and other digital government
applications that streamline and simplify State services to
residents, including uses authorized under the Electronic
Signatures in Global and National Commerce Act (15
U.S.C. 7001 et seq.).
(c) FEDERAL SHARE.—The Federal share of the cost
of activities funded using amounts from a grant received
under this section shall not exceed 50 percent.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for making grants under
this section $15,000,000. Such sums shall remain avail-
able until expended.
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