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 re-
ferred 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.
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 ‘‘Identity Management 
Security Act of 2004’’.
TITLE I—IMPROVED SECURITY 
FOR DRIVER LICENSES AND 
STATE IDENTITY DOCUMENTS 
SEC. 101. DEFINITIONS. 
In this title, 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) 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. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 102. 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 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 per-
son unless the State is meeting the requirements 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, with the concurrence of 
the Secretary of Transportation, may prescribe by 
regulation. 
(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet 
the requirements of this section, a State shall include, at 
a minimum, the following data elements 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 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, that will facili-
tate the capture of driver’s license and identification 
card information by law enforcement officers. 
(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 data 
elements before issuing a driver’s license or identi-
fication card to a person: 
(A) A photo identity document, except that 
a nonphoto 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 
number or verification that the person is not el-
igible for a social security number.
(D) Documentation showing the person’s 
name and address of principal residence. 
(2) 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 used 
to provide information required to be presented 
by the person under paragraph (1). 
(B) The State shall not accept any foreign 
document, other than an official passport, to 
satisfy a requirement of paragraph (1). 
(d) OTHER REQUIREMENTS.—To meet the require-
ments of this section, a State shall adopt the following 
practices in the issuance of driver 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.
(8) Subject all persons authorized to manufac-
ture or produce driver 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 driver licenses and identi-
fication cards. 
SEC. 103. LINKING OF DATABASES. 
(a) IN GENERAL.—To be eligible to receive any grant 
or other financial assistance made available under this 
Act, a State shall participate in the interstate compact re-
garding 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 driver licenses and 
identification cards issued by the State. 
(2) Motor vehicle driver histories, including 
motor vehicle violations, suspensions, and points on 
licenses.
SEC. 104. TRAFFICKING IN AUTHENTICATION FEATURES 
FOR USE IN FALSE IDENTIFICATION DOCU-
MENTS. 
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. 105. 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 title. 
(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 title. 
SEC. 106. AUTHORITY. 
(a) PARTICIPATION OF SECRETARY OF TRANSPOR-
TATION AND STATES.—All authority to issue regulations, 
certify standards, and issue grants under this title shall 
be carried out by the Secretary, with the concurrence of 
the Secretary of Transportation and in consultation with 
the States. 
(b) EXTENSIONS
OF DEADLINES.—The Secretary 
may grant an extension to the deadline established by sec-
tion 102(a)(1) with respect to the driver licenses and iden-
tification cards issued by a State if the State submits to
the Secretary, in writing, an adequate justification, as de-
termined by the Secretary, for the extension. 
TITLE II—IDENTITY SECURITY 
OF VITAL RECORDS 
SEC. 201. DEFINITIONS. 
In this title, the following definitions apply: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(2) BIRTH CERTIFICATE.—The term ‘‘birth cer-
tificate’’ means a certificate of birth—
(A) for an individual (regardless of where 
born)—
(i) who is a citizen or national of the 
United States at birth; and 
(ii) whose birth is registered in the 
United States; and 
(B) that—
(i) is issued by a Federal, State, or 
local government agency or authorized cus-
todian of record and produced from birth 
records maintained by such agency or cus-
todian of record; or 
(ii) is an authenticated copy, issued 
by a Federal, State, or local government 
agency or authorized custodian of record,
of an original certificate of birth issued by 
such agency or custodian of record. 
SEC. 202. GAO STUDY OF THE SECURITY OF BIRTH CERTIFI-
CATES. 
(a) STUDY.—The Comptroller General shall conduct 
a study of the security of birth certificates and other birth 
documentation used by States as proof of identity. Such 
study shall include—
(1) an assessment of the parties involved in the 
issuance of birth certificates and other birth docu-
mentation within the United States; 
(2) an assessment of the physical security fea-
tures of domestic birth certificates and other domes-
tic birth documentation; 
(3) an evaluation of fraudulent activity, both 
domestic and foreign, of domestic birth certificates 
and other domestic birth documentation used to ac-
quire driver’s licenses or State-issued identification 
cards; and 
(4) an evaluation of methods used by Federal 
agencies, States and other parties involved in the 
issuance of domestic birth certificates and other do-
mestic birth documentation to reduce fraudulent ac-
tivity, both domestic and foreign.
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to Congress a report on the study conducted under 
subsection (a). The report shall include recommendations 
regarding measures needed to improve both the physical 
security of birth certificates and other birth documenta-
tion and the process used by parties issuing such docu-
ments, including the establishment of minimum standards 
if necessary, to reduce fraudulent activity. 
SEC. 203. ELIMINATING DUPLICATION OF VITAL RECORDS. 
(a) ASSISTANCE IN MATCHING BIRTH AND DEATH 
RECORDS.—
(1) GRANTS.—The Secretary, in coordination 
with other appropriate Federal agencies, shall make 
grants to States to assist them in—
(A) computerizing their birth and death 
records; 
(B) developing the capability to match 
birth and death records within each State and 
among the States; and 
(C) noting the fact of death on the birth 
certificates of deceased persons. 
(2) ALLOCATION OF GRANTS.—The Secretary 
shall make grants to States under this subsection 
based on the proportion that the estimated annual
average number of birth and death records created 
by a State applying for a grant bears to the esti-
mated annual average number of birth and death 
records originated by all States. 
(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 section.
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