Intelligence Reform and Terrorism Prevention Act of 2004: National Standards for Drivers' Licenses, Social Security Cards, and Birth Certificates

Publication Date: January 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

In its comprehensive report to the nation, the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) recommended that the federal government set national standards for the issuance of identification documents including drivers' licenses, social security cards, and birth certificates. The Commission noted that identification fraud is no longer simply a matter of theft, but now complicates the government's ability to adequately ensure public safety at vulnerable facilities including airport terminals, train stations, bus stations, and other entry points.

As the legislative process unfolded, both the House of Representatives' and the Senate's proposed versions of legislation included provisions intended to address this specific recommendation, however, their approaches varied both with respect to scope, as well as the suggested methodology that was to be used to bring the states into conformity with these new national standards. Generally, the House version opted to detail specific statutory requirements, while the Senate proposal chose to mandate regulation, but delegated broad discretionary authority to the relevant federal agencies.

The final legislation that was approved by Congress on December 8, 2004, and signed by the President on December 17, 2004, contained many of the provisions found in the Senate's original proposal with several significant additions from the House's proposed language. Many of the provisions that were considered controversial were not ultimately included, however, several Members indicated during the floor debate that these issues, specifically those that relate to drivers' licenses, would be revisited during the 109th Congress. In addition, because many of these provisions only delegate regulatory authority to federal agencies, several concerns that were raised during the legislation's deliberation, including access to birth certificates by genealogists or other historical researchers, are not specifically addressed by the statutory language, and will likely be the subject of agency action. This report will be updated as events warrant.