[email protected] wrote in message news:<
[email protected]>...
> There are a couple of bills in the US House of Representatives
> sponsored by Dennis Hastert and Candice Miller. The bills respectively
> are HR10 "9/11 Recommendations Implementation Act" and HR5148
> "Identity Management Security Act" which will use your driver's
> license as a backdoor method to a National ID Card.
Google is your friend.
To refute some of the ridiculous claims made by the OP (as well as
supporting some of the more mundane), below is the full text of the
act. Enjoy!
--
C.R. Krieger
(Never called anyone a jackbooted nazi thug)
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
referred 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 Representatives 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 license' means a motor
vehicle operator's license, as defined in section 30301 of title 49,
United States Code.
(2) IDENTIFICATION CARD- The term `identification 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, Puerto 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 RECOGNITION.
(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
person unless the State is meeting the requirements of this section.
(2) STATE CERTIFICATIONS- The Secretary shall determine whether a
State is meeting the requirements of this section based on
certifications made by the State to the Secretary. Such certifications
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 prevent tampering,
counterfeiting, or duplication of the document for fraudulent
purposes.
(9) A common machine-readable technology, with defined minimum data
elements, that will facilitate 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
identification 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 eligible 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 implement 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,
validity, 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 requirements of this section, a
State shall adopt the following practices in the issuance of driver
licenses and identification 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 documents 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 Administration a social security
number presented by a person using the full social security number. In
the event that a social security number is already registered to or
associated with another person to which any State has issued a
driver's license or identification card, the State shall resolve the
discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or identification card to a
person holding a driver's license issued by another State without
confirmation from the other State that the person is terminating or
has terminated the driver's license.
(7) Ensure the physical security of locations where driver licenses
and identification cards are produced and the security of document
materials and papers from which driver licenses and identification
cards are produced.
(8) Subject all persons authorized to manufacture or produce driver
licenses and identification cards to appropriate security clearance
requirements.
(9) Establish fraudulent document recognition training programs for
appropriate employees engaged in the issuance of driver licenses and
identification 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 regarding sharing of driver license data, known
as the `Driver License Agreement', in order to provide electronic
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 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. 105. GRANTS TO STATES.
(a) In General- The Secretary may make grants to a State to assist the
State in conforming to the minimum 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 Transportation 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 section 102(a)(1) with respect to the
driver licenses and identification cards issued by a State if the
State submits to the Secretary, in writing, an adequate justification,
as determined 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 certificate' 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 custodian of record and produced from birth records
maintained by such agency or custodian 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 CERTIFICATES.
(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 documentation within the United States;
(2) an assessment of the physical security features of domestic birth
certificates and other domestic birth documentation;
(3) an evaluation of fraudulent activity, both domestic and foreign,
of domestic birth certificates and other domestic birth documentation
used to acquire 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 domestic birth documentation to reduce fraudulent activity,
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 documentation and the
process used by parties issuing such documents, 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 estimated 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.
