In this chapter—
(1) "alcohol" has the same meaning given that term in regulations prescribed by the Secretary of Transportation.
(2) "chief driver licensing official" means the official in a State who is authorized to—
(A) maintain a record about a motor vehicle operator's license issued by the State; and
(B) issue, deny, revoke, suspend, or cancel a motor vehicle operator's license issued by the State.
(3) "controlled substance" has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
(4) "motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle operated only on a rail line.
(5) "motor vehicle operator's license" means a license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways.
(6) "participating State" means a State that has notified the Secretary under section 30303 of this title of its participation in the National Driver Register.
(7) "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.
(8) "State of record" means a State that has given the Secretary a report under section 30304 of this title about an individual who is the subject of a request for information made under section 30305 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 973.)
|Source (U.S. Code)||Source (Statutes at Large)|
|30301||23:401 (note).||Oct. 25, 1982, Pub. L. 97–364, §202, 96 Stat. 1740.|
In clauses (4) and (5), the words "public streets, roads, or highways" are substituted for "highway" and " 'highway' means any road or street" for consistency in the revised title.
In clause (4), the words "rail line" are substituted for "rail or rails" for consistency in the revised title.
The definitions of "Secretary", "Register", and "Register system" are omitted as surplus because the complete name of the Secretary of Transportation and the National Driver Register are used the first time the terms appear in a section.
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Pub. L. 109–162, title VIII, §827, Jan. 5, 2006, 119 Stat. 3066, provided that: "In developing regulations or guidance with regard to identification documents, including driver's licenses, the Secretary of Homeland Security, in consultation with the Administrator of Social Security, shall consider and address the needs of victims, including victims of battery, extreme cruelty, domestic violence, dating violence, sexual assault, stalking or trafficking, who are entitled to enroll in State address confidentiality programs, whose addresses are entitled to be suppressed under State or Federal law or suppressed by a court order, or who are protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367)."
Pub. L. 110–177, title V, §508, Jan. 7, 2008, 121 Stat. 2543, provided that:
"(A) In the case of a Justice of the United States, the address of the United States Supreme Court.
"(B) In the case of a judge of a Federal court, the address of the courthouse.
Pub. L. 109–13, div. B, title II, May 11, 2005, 119 Stat. 311, provided that:
"In this title, the following definitions apply:
"(1) The person's full legal name.
"(2) The person's date of birth.
"(3) The person's gender.
"(4) The person's driver's license or identification card number.
"(5) A digital photograph of the person.
"(6) The person's address of principle 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.
"(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 number.
"(D) Documentation showing the person's name and address of principal residence.
"(i) is a citizen or national of the United States;
"(ii) is an alien lawfully admitted for permanent or temporary residence in the United States;
"(iii) has conditional permanent resident status in the United States;
"(iv) has an approved application for asylum in the United States or has entered into the United States in refugee status;
"(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
"(vi) has a pending application for asylum in the United States;
"(vii) has a pending or approved application for temporary protected status in the United States;
"(viii) has approved deferred action status; or
"(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
"(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 required 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 understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Pub. L. 104–208, div. C, 8 U.S.C. 1324a note] (110 Stat. 3009–664), to verify the legal presence status of a person, other than a United States citizen, applying for a driver's license or identification card.
"(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 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 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 that the person is terminating or has terminated the driver'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 identification cards are produced.
"(8) Subject all persons authorized to manufacture or produce drivers' licenses and identification cards to appropriate security clearance requirements.
"(9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of drivers' licenses and identification cards.
"(10) Limit the period of validity of all driver's licenses and identification cards that are not temporary to a period that does not exceed 8 years.
"(11) In any case in which the State issues a driver's license or identification card that does not satisfy the requirements of this section, ensure that such license or identification card—
"(A) clearly states on its face that it may not be accepted by any Federal agency for federal identification or any other official purpose; and
"(B) uses a unique design or color indicator to alert Federal agency and other law enforcement personnel that it may not be accepted for any such purpose.
"(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State.
"(13) Maintain a State motor vehicle database that contains, at a minimum—
"(A) all data fields printed on drivers' licenses and identification cards issued by the State; and
"(B) motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses.
"[Repealed section 7212 of Pub. L. 108–458, set out below.]
"Nothing in this title shall be construed to affect the authorities or responsibilities of the Secretary of Transportation or the States under chapter 303 of title 49, United States Code."
Pub. L. 108–458, title VII, §7212, Dec. 17, 2004, 118 Stat. 3827, which prohibited acceptance by a Federal agency, for any official purpose, of a driver's license or personal identification card issued by a State more than 2 years after the promulgation of minimum standards unless the driver's license or personal identification card conformed to such minimum standards, and directed the Secretary of Transportation, in consultation with the Secretary of Homeland Security, to establish such standards not later than 18 months after Dec. 17, 2004, was repealed by Pub. L. 109–13, div. B, title II, §206, May 11, 2005, 119 Stat. 316.
Pub. L. 105–178, title II, §2006(c), June 9, 1998, 112 Stat. 336, provided that: