I 
109TH CONGRESS 
1ST SESSION 
H. R. 368 
To establish and rapidly implement regulations for State driver’s license 
and identification document security standards. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2005 
Mr. TOM DAVIS of Virginia introduced the following bill; which was referred 
to the Committee on Government Reform, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To establish and rapidly implement regulations for State 
driver’s license and identification document security 
standards. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Driver’s License Security and Modernization Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions.
Sec. 3. Minimum document requirements and issuance standards for Federal 
recognition. 
Sec. 4. Linking of databases. 
Sec. 5. Trafficking in authentication features for use in false identification doc-
uments. 
Sec. 6. Grants to States. 
Sec. 7. Authority. 
Sec. 8. Repeal. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) DRIVER’S LICENSE.—The term ‘‘driver’s li-
cense’’ means a motor vehicle operator’s license, as 
defined in section 30301 of title 49, United States 
Code. 
(2) IDENTIFICATION CARD.—The term ‘‘identi-
fication card’’ means a personal identification card, 
as defined in section 1028(d) of title 18, United 
States Code, issued by a State. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(4) STATE.—The term ‘‘State’’ means a State 
of the United States, the District of Columbia, Puer-
to Rico, the Virgin Islands, Guam, American Samoa, 
the Northern Mariana Islands, the Trust Territory 
of the Pacific Islands, and any other territory or 
possession of the United States.
SEC. 
3. 
MINIMUM 
DOCUMENT 
REQUIREMENTS 
AND 
ISSUANCE STANDARDS FOR FEDERAL REC-
OGNITION. 
(a) MINIMUM STANDARDS FOR FEDERAL USE.— 
(1) IN GENERAL.—Beginning 3 years after the 
date of the enactment of this Act, a Federal agency 
may not accept, for any official purpose, a driver’s 
license or identification card issued by a State to 
any person unless the State is meeting the require-
ments of this section. 
(2) STATE
CERTIFICATIONS.—The Secretary 
shall determine whether a State is meeting the re-
quirements of this section based on certifications 
made by the State to the Secretary. Such certifi-
cations shall be made at such times and in such 
manner as the Secretary, in consultation with the 
Secretary of Transportation, may prescribe by regu-
lation. 
(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet 
the requirements of this section, a State shall include, at 
a minimum, the following information and features on 
each driver’s license and identification card issued to a 
person by the State: 
(1) The person’s full legal name. 
(2) The person’s date of birth. 
(3) The person’s gender.
(4) The person’s driver license or identification 
card number. 
(5) A digital photograph of the person. 
(6) The person’s address of principal residence. 
(7) The person’s signature. 
(8) Physical security features designed to pre-
vent tampering, counterfeiting, or duplication of the 
document for fraudulent purposes. 
(9) A common machine-readable technology, 
with defined minimum data elements. 
(c) MINIMUM ISSUANCE STANDARDS.— 
(1) IN GENERAL.—To meet the requirements of 
this section, a State shall require, at a minimum, 
presentation and verification of the following infor-
mation before issuing a driver’s license or identifica-
tion card to a person: 
(A) A photo identity document, except that 
a non-photo identity document is acceptable if 
it includes both the person’s full legal name and 
date of birth. 
(B) Documentation showing the person’s 
date of birth. 
(C) Proof of the person’s social security 
account number or verification that the person
is not eligible for a social security account num-
ber. 
(D) Documentation showing the person’s 
name and address of principal residence. 
(2) SPECIAL REQUIREMENTS.— 
(A) IN GENERAL.—To meet the require-
ments of this section, a State shall comply with 
the minimum standards of this paragraph. 
(B) EVIDENCE
OF
LEGAL
STATUS.—A 
State shall require, before issuing a driver’s li-
cense or identification card to a person, valid 
documentary evidence that the person— 
(i) is a citizen of the United States; 
(ii) is an alien lawfully admitted for 
permanent or temporary residence in the 
United States; 
(iii) has conditional permanent resi-
dent status in the United States; 
(iv) has a valid, unexpired non-
immigrant visa or nonimmigrant visa sta-
tus for entry into the United States; 
(v) has a pending or approved applica-
tion for asylum in the United States; 
(vi) has entered into the United 
States in refugee status;
(vii) has a pending or approved appli-
cation for temporary protected status in 
the United States; 
(viii) has approved deferred action 
status; or 
(ix) has a pending application for ad-
justment of status to that of an alien law-
fully admitted for permanent residence in 
the United States or conditional perma-
nent resident status in the United States. 
(C) TEMPORARY DRIVERS’ LICENSES AND 
IDENTIFICATION CARDS.— 
(i) IN
GENERAL.—If a person pre-
sents evidence under any of clauses (iv) 
through (ix) of subparagraph (B), the 
State may only issue a temporary driver’s 
license or temporary identification card to 
the person. 
(ii) EXPIRATION DATE.—A temporary 
driver’s license or temporary identification 
card issued pursuant to this subparagraph 
shall be valid only during the period of 
time of the applicant’s authorized stay in 
the United States or if there is no definite
end to the period of authorized stay a pe-
riod of one year. 
(iii) 
DISPLAY
OF
EXPIRATION 
DATE.—A temporary driver’s license or 
temporary identification card issued pursu-
ant to this subparagraph shall clearly indi-
cate that it is temporary and shall state 
the date on which it expires. 
(iv) RENEWAL.—A temporary driver’s 
license or temporary identification card 
issued pursuant to this subparagraph may 
be renewed only upon presentation of valid 
documentary evidence that the status by 
which the applicant qualified for the tem-
porary driver’s license or temporary identi-
fication card has been extended by the Sec-
retary of Homeland Security. 
(3) APPLICATIONS
FOR
RENEWAL, DUPLICA-
TION, OR REISSUANCE.— 
(A) 
PRESUMPTION.—For 
purposes 
of 
paragraphs (1) and (2), a State shall presume 
that any driver’s license or identification card 
for which an application has been made for re-
newal, duplication, or reissuance has been 
issued in accordance with the provisions of such
paragraphs if, at the time the application is 
made, the driver’s license or identification card 
has not expired or been canceled, suspended, or 
revoked. 
(B) LIMITATION.—Subparagraph (A) shall 
not apply to a renewal, duplication, or 
reissuance if the State is notified by a local, 
State, or Federal government agency that the 
person seeking such renewal, duplication, or 
reissuance is neither a citizen of the United 
States nor legally in the United States. 
(4) VERIFICATION OF DOCUMENTS.—To meet 
the requirements of this section, a State shall imple-
ment the following procedures: 
(A) Before issuing a driver’s license or 
identification card to a person, the State shall 
verify, with the issuing agency, the issuance, va-
lidity, and completeness of each document re-
quired to be presented by the person under 
paragraph (1) or (2). 
(B) The State shall not accept any foreign 
document, other than an official passport, to 
satisfy a requirement of paragraph (1) or (2). 
(C) Not later than September 11, 2005, 
the State shall enter into a memorandum of un-
derstanding with the Secretary of Homeland 
Security to routinely utilize the automated sys-
tem known as Systematic Alien Verification for 
Entitlements, as provided for by section 404 of 
the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (110 Stat. 3009– 
664), to verify the legal presence status of a 
person, other than a United States citizen, ap-
plying for a driver’s license or identification 
card. 
(d) OTHER REQUIREMENTS.—To meet the require-
ments of this section, a State shall adopt the following 
practices in the issuance of drivers’ licenses and identifica-
tion cards: 
(1) Employ technology to capture digital images 
of identity source documents so that the images can 
be retained in electronic storage in a transferable 
format. 
(2) Retain paper copies of source documents for 
a minimum of 7 years or images of source docu-
ments presented for a minimum of 10 years. 
(3) Subject each person applying for a driver’s 
license or identification card to mandatory facial 
image capture.
(4) Establish an effective procedure to confirm 
or verify a renewing applicant’s information. 
(5) Confirm with the Social Security Adminis-
tration a social security account number presented 
by a person using the full social security account 
number. In the event that a social security account 
number is already registered to or associated with 
another person to which any State has issued a driv-
er’s license or identification card, the State shall re-
solve the discrepancy and take appropriate action. 
(6) Refuse to issue a driver’s license or identi-
fication card to a person holding a driver’s license 
issued by another State without confirmation that 
the person is terminating or has terminated the driv-
er’s license. 
(7) Ensure the physical security of locations 
where drivers’ licenses and identification cards are 
produced and the security of document materials 
and papers from which drivers’ licenses and identi-
fication cards are produced. 
(8) Subject all persons authorized to manufac-
ture or produce drivers’ licenses and identification 
cards to appropriate security clearance requirements. 
(9) Establish fraudulent document recognition 
training programs for appropriate employees en-
gaged in the issuance of drivers’ licenses and identi-
fication cards. 
SEC. 4. LINKING OF DATABASES. 
(a) IN GENERAL.—To be eligible to receive any grant 
or other type of financial assistance made available under 
this Act, a State shall participate in the interstate compact 
regarding sharing of driver license data, known as the 
‘‘Driver License Agreement’’, in order to provide elec-
tronic access by a State to information contained in the 
motor vehicle databases of all other States. 
(b) REQUIREMENTS
FOR INFORMATION.—A State 
motor vehicle database shall contain, at a minimum, the 
following information: 
(1) All data fields printed on drivers’ licenses 
and identification cards issued by the State. 
(2) Motor vehicle drivers’ histories, including 
motor vehicle violations, suspensions, and points on 
licenses. 
SEC. 5. TRAFFICKING IN AUTHENTICATION FEATURES FOR 
USE IN FALSE IDENTIFICATION DOCUMENTS. 
Section 1028(a)(8) of title 18, United States Code, 
is amended by striking ‘‘false authentication features’’ and 
inserting ‘‘false or actual authentication features’’.
SEC. 6. GRANTS TO STATES. 
(a) IN GENERAL.—The Secretary may make grants 
to a State to assist the State in conforming to the min-
imum standards set forth in this Act. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for 
each of the fiscal years 2005 through 2009 such sums as 
may be necessary to carry out this Act. 
SEC. 7. AUTHORITY. 
(a) PARTICIPATION OF SECRETARY OF TRANSPOR-
TATION AND STATES.—All authority to issue regulations, 
certify standards, and issue grants under this Act shall 
be carried out by the Secretary, in consultation with the 
Secretary of Transportation and the States. 
(b) EXTENSIONS
OF DEADLINES.—The Secretary 
may grant to a State an extension of time to meet the 
requirements of section 3(a)(1) if the State provides ade-
quate justification for noncompliance. 
SEC. 8. REPEAL. 
Section 7212 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458) is 
repealed. 
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