Improving Digital Identity Act of 2021
Bill: H.R.4258 | Sponsor: Rep. Foster, Bill (D-IL)
Policy area: Science, Technology, Communications

Summary:
Improving Digital Identity Act of 2021
This bill establishes the Improving Digital Identity Task Force to establish a government-wide effort to develop secure methods for governmental agencies to validate identity attributes to protect the privacy and security of individuals and support reliable, interoperable digital identity verification in the public and private sectors.
The National Institute of Standards and Technology (NIST) shall develop and periodically update a framework of standards, methodologies, procedures, and processes as a guide for federal, state, and local governments to follow when providing services to support digital identity verification.
The Department of Homeland Security (DHS) shall award grants to states to upgrade systems that provide drivers' licenses or other types of identity credentials to support the development of highly secure, interoperable state systems that enable digital identity verification.
The Government Accountability Office shall submit to Congress a report that includes (1) an analysis of legal and regulatory requirements with respect to the collection and retention of Social Security numbers by nongovernmental organizations, and (2) a recommendation on the necessity and effectiveness of any such legal and regulatory requirement analyzed and the use of a form of identification other than a Social Security number.
DHS shall issue binding operational directives to federal agencies to implement (1) the Digital Identity Guidelines published by NIST; and (2) the memorandum of the Office of Management and Budget issued on May 21, 2019, which includes the subject Enabling Mission Delivery through Improved Identity, Credential, and Access Management.

To establish a governmentwide approach to improving digital identity, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Digital Identity Act of 
2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The lack of an easy, affordable, and reliable way for 
        organizations, businesses, and government agencies to identify 
        whether an individual is who they claim to be online creates an 
        attack vector that is widely exploited by adversaries in 
        cyberspace, and precludes many high-value transactions from 
        being available online.
            (2) Incidents of identity theft and identity fraud continue 
        to rise in the United States, where more than 164,000,000 
        consumer records containing personally identifiable information 
        were breached in 2019, increasing the total number of data 
        breaches by 17 percent from the previous year.
            (3) In 2019, losses resulting from identity fraud amounted 
        to $16,900,000,000.
            (4) In 2019, the Director of the Treasury Department 
        Financial Crimes Enforcement Network stated, ``The abuse of 
        personally identifiable information, and other building blocks 
        of identity, is a key enabler behind much of the fraud and 
        cybercrime affecting our nation today.''.
            (5) Trustworthy digital identity solutions can help under-
        banked and unbanked individuals better access to digital 
        financial services through innovative delivery channels that 
        promote financial inclusion.
            (6) The inadequacy of current digital identity solutions 
        degrades security and privacy for all Americans, and next 
        generation solutions are needed that improve both security and 
        privacy.
            (7) Government entities, as authoritative issuers of 
        identity in the United States, are uniquely positioned to 
        deliver critical components that address deficiencies in our 
        digital identity infrastructure and augment private sector 
        digital identity and authentication solutions.
            (8) State governments are particularly well suited to play 
        a role in enhancing digital identity solutions used by both the 
        public and private sectors, given the role of State governments 
        as the issuers of driver's licenses and other identity 
        documents commonly used today.
            (9) The private sector drives much of the innovation around 
        digital identity in the United States and has an important role 
        to play in delivering digital identity solutions.
            (10) The 2016 bipartisan Commission on Enhancing National 
        Cybersecurity called for the Federal Government to ``create an 
        interagency task force directed to find secure, user-friendly, 
        privacy-centric ways in which agencies can serve as one 
        authoritative source to validate identity attributes in the 
        broader identity market. This action would enable government 
        agencies and the private sector to drive significant risk out 
        of new account openings and other high-risk, high-value online 
        services, and it would help all citizens more easily and 
        securely engage in transactions online''.
            (11) The public and private sectors should collaborate to 
        deliver solutions that promote confidence, privacy, choice, and 
        innovation.
            (12) It should be the policy of the Government to use the 
        authorities and capabilities of the Government to enhance the 
        security, reliability, privacy, and convenience of digital 
        identity solutions that support and protect transactions 
        between individuals, government entities, and businesses, and 
        that enable Americans to prove who they are online.

SEC. 3. IMPROVING DIGITAL IDENTITY TASK FORCE.

    (a) Establishment.--There is established in the Executive Office of 
the President a task force to be known as the ``Improving Digital 
Identity Task Force'' (in this section referred to as the ``Task 
Force'').
    (b) Purpose.--The purpose of the Task Force is to establish a 
governmentwide effort to develop secure methods for Federal, State, and 
local agencies to validate identity attributes to protect the privacy 
and security of individuals and support reliable, interoperable digital 
identity verification in the public and private sectors.
    (c) Director.--The Task Force shall have a Director who shall be 
appointed by the President.
    (d) Membership.--The Task Force shall include the following 
individuals or the designees of such individuals:
            (1) Federal government membership.--
                    (A) The Secretary of the Treasury.
                    (B) The Secretary of Homeland Security.
                    (C) The Secretary of State.
                    (D) The Secretary of Education.
                    (E) The Director of the Office of Management and 
                Budget.
                    (F) The Commissioner of the Social Security 
                Administration.
                    (G) The Director of the National Institute of 
                Standards and Technology.
                    (H) The Administrator of General Services.
                    (I) The heads of other Federal agencies and offices 
                who the President may designate or invite.
            (2) State government membership.--The Task Force shall 
        include 5 State government officials who represent State 
        agencies that issue identity credentials and who have knowledge 
        of the systems used to provide such credentials. Such officials 
        shall include the following:
                    (A) A member appointed by the Speaker of the House 
                of Representatives, in consultation with the Chairman 
                of the Committee on Oversight and Reform and the 
                Chairman of the Committee on Homeland Security of the 
                House of Representatives.
                    (B) A member appointed by the minority leader of 
                the House of Representatives, in consultation with the 
                Ranking Member of the Committee on Oversight and Reform 
                and the Ranking Member of the Committee on Homeland 
                Security of the House of Representatives.
                    (C) A member appointed by the majority leader of 
                the Senate, in consultation with the Chairman of the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate.
                    (D) A member appointed by the minority leader of 
                the Senate, in consultation with the Ranking Member of 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate.
                    (E) A member appointed by the President.
            (3) Local government membership.--The Task Force shall 
        include 5 local government officials who represent local 
        agencies that issue identity credentials and who have knowledge 
        of the systems used to provide such credentials. Such officials 
        shall include the following:
                    (A) A member appointed by the Speaker of the House 
                of Representatives, in consultation with the Chairman 
                of the Committee on Oversight and Reform and Chairman 
                of the Committee on Homeland Security of the House of 
                Representatives.
                    (B) A member appointed by the minority leader of 
                the House of Representatives, in consultation with the 
                Chairman of the Committee on Oversight and Reform and 
                the Chairman of the Committee on Homeland Security of 
                the House of Representatives.
                    (C) A member appointed by the majority leader of 
                the Senate, in consultation with the Chairman of the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate.
                    (D) A member appointed by the minority leader of 
                the Senate, in consultation with the Ranking Member of 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate.
                    (E) A member appointed by the President.
    (e) Meetings.--The Task Force shall convene at the call of the 
Director.
    (f) Duties.--The Task Force shall--
            (1) identify Federal, State, and local agencies that issue 
        identity information or hold information related to identifying 
        an individual;
            (2) assess restrictions with respect to the abilities of 
        such agencies to verify identity information for other agencies 
        and for nongovernmental organizations;
            (3) assess any necessary changes in statute, regulation, or 
        policy to address any restrictions determined under paragraph 
        (2);
            (4) recommend a standards-based architecture to enable 
        agencies to provide services related to digital identity 
        verification in a way that is secure, protects privacy, and is 
        rooted in consumer consent;
            (5) identify funding or resources needed to support such 
        agencies that provide digital identity verification, including 
        a recommendation with respect to additional funding required 
        for the grant program under section 5;
            (6) determine whether it would be practicable for such 
        agencies to use a fee-based model to provide digital identity 
        verification to private sector entities;
            (7) determine if any additional steps are necessary with 
        respect to Federal, State, and local agencies to improve 
        digital identity verification and management processes for the 
        purpose of enhancing the security, reliability, privacy, and 
        convenience of digital identity solutions that support and 
        protect transactions between individuals, government entities, 
        and businesses;
            (8) assess risks related to potential criminal exploitation 
        of digital identity verification services;
            (9) evaluate the security, effectiveness, and benefits of a 
        digital identity as compared to legacy physical identity 
        verification; and
            (10) to the extent practicable, seek input from and 
        collaborate with interested parties in the private sector to 
        carry out the purpose under subsection (b).
    (g) Recommendations.--Not later than 180 days after the date of the 
enactment of this Act, the Task Force shall publish a report on the 
activities of the Task force, including recommendations on--
            (1) priorities for research and development in the systems 
        that enable digital identity verification, including how such 
        priorities can be executed; and
            (2) the standards-based architecture developed pursuant to 
        subsection (f)(4).

SEC. 4. DIGITAL IDENTITY FRAMEWORK.

    (a) Establishment of a Framework.--Not later than 1 year after the 
date of the enactment of this Act, the Director of the National 
Institute of Standards and Technology (in this section referred to as 
the ``Director'') shall develop and periodically update a framework of 
standards, methodologies, procedures, and processes (in this section 
referred to as the ``Framework'') as a guide for Federal, State, and 
local governments to follow when providing services to support digital 
identity verification.
    (b) Consideration.--In developing the Framework, the Director shall 
consider--
            (1) methods to protect the privacy of individuals;
            (2) security needs; and
            (3) the needs of potential end-users and individuals that 
        will use services related to digital identity verification.
    (c) Consultation.--In carrying out subsection (a) the Director 
shall consult with--
            (1) the Improving Digital Identity Task Force established 
        under section 3;
            (2) potential end-users and individuals that will use 
        services related to digital identity verification; and
            (3) experts with relevant experience in the systems that 
        enable digital identity verification, as determined by the 
        Director.
    (d) Interim Publication.--Not later than 240 days after the date of 
the enactment of this Act, the Director shall publish an interim 
version of the Framework.
    (e) Final Publication.--Not later than 1 year after the date of 
enactment of this Act, the Director shall publish a final version of 
the Framework.
    (f) Updates to the Framework.--The Director shall, from time to 
time, update the Framework, with consideration given to--
            (1) feedback from Federal, State, and local agencies that 
        provide services related to digital identity verification; and
            (2) any technological changes to the systems that enable 
        digital identity verification.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Commerce $10,000,000 for each of 
fiscal years 2022 through 2026 to carry out this Act.

SEC. 5. DIGITAL IDENTITY INNOVATION GRANTS.

    (a) Establishment.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Homeland Security (in this 
section referred to as the ``Secretary'') shall award grants to States 
to upgrade systems that provide drivers' licenses or other types of 
identity credentials to support the development of highly secure, 
interoperable State systems that enable digital identity verification.
    (b) Use of Funds.--A State that receives a grant under this section 
shall use--
            (1) grant funds for services related to digital identity 
        verification using the Framework developed pursuant to section 
        4; and
            (2) not less than 10 percent of grant funds to provide 
        services that assist individuals with obtaining identity 
        credentials or identity verification services needed to obtain 
        a digital driver's license or digital State identity card.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section.

SEC. 6. REPORT AND RECOMMENDATION ON THE USE OF SOCIAL SECURITY NUMBERS 
              BY NONGOVERNMENTAL ORGANIZATIONS.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committees on Ways and Means and Financial Services of the House of 
Representatives and the Committee on Finance of the Senate a report 
that includes the following:
            (1) An analysis of legal and regulatory requirements with 
        respect to the collection and retention of Social Security 
        numbers by nongovernmental organizations.
            (2) A recommendation on the necessity and effectiveness of 
        any legal and regulatory requirement analyzed pursuant to 
        paragraph (1) and the use of a form of identification other 
        than a Social Security number.

SEC. 7. SECURITY ENHANCEMENTS TO FEDERAL SYSTEMS.

    (a) Directives for Federal Agencies.--Not later than 6 months after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall issue binding operational directives to Federal agencies 
for purpose of implementing--
            (1) the guidelines published by the National Institute of 
        Standards and Technology in ``Special Publication 800-63'' 
        (commonly referred to as the ``Digital Identity Guidelines''); 
        and
            (2) the memorandum of the Office of Management and Budget 
        issued on May 21, 2019, which includes the subject ``Enabling 
        Mission Delivery through Improved Identity, Credential, and 
        Access Management''.
    (b) Reports.--
            (1) Federal agency reports.--Not later than 1 year after 
        the date of the enactment of this Act, the head of each Federal 
        agency shall submit to the Secretary of Homeland Security a 
        report on the efforts of each such Federal agency to implement 
        the directives issued pursuant to subsection (a).
            (2) Report to congress.-- Not later than 2 years after the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security shall submit a report summarizing the efforts from the 
        reports submitted pursuant to paragraph (1) to the following:
                    (A) The Committee on Homeland Security of the House 
                of Representatives.
                    (B) The Committee on Oversight and Reform of the 
                House of Representatives.
                    (C) The Committee on Homeland Security and 
                Governmental Affairs of the Senate.

SEC. 8. DEFINITIONS.

    For purposes of this Act:
            (1) Digital identity verification.--The term ``digital 
        identity verification'' means a process to verify the identity 
        of an individual accessing a service online or through another 
        electronic means.
            (2) Identity credential.--The term ``identity credential'' 
        means a document or other evidence of the identity of an 
        individual issued by a government agency that conveys the 
        identity of the individual, including a driver's license or 
        passport.
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