Historical and Revision Notes

Revised

Section

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.

Statutory Notes and Related Subsidiaries
Protection of Domestic Violence and Crime Victims From Certain Disclosures of Information

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).”

Improved Security for Drivers’ Licenses and Personal Identification Cards

Pub. L. 116–260, div. U, title X, § 1001(c), Dec. 27, 2020, 134 Stat. 2306, provided that: “Notwithstanding any other provision of law (including regulations), beginning on the date of the enactment of this Act [Dec. 27, 2020], a State does not need to require an applicant for a driver’s license or identification card to provide separate documentation of the applicant’s Social Security account number in order to comply with the requirements of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note).”

Pub. L. 116–136, div. B, title VI, § 16006, Mar. 27, 2020, 134 Stat. 545, provided that: “The Secretary of Homeland Security, under the authority granted under section 205(b) of the REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C. 30301 note) shall extend the deadline by which States are required to meet the driver license and identification card issuance requirements under section 202(a)(1) of such Act until not earlier than September 30, 2021.”

Pub. L. 110–177, title V, § 508, Jan. 7, 2008, 121 Stat. 2543, provided that:

“(a)
Minimum Document Requirements.—
“(1)
Minimum requirements.—
For purposes of section 202(b)(6) of the REAL ID Act of 2005 [div. B of Pub. L. 109–13] (49 U.S.C. 30301 note), a State may, in the case of an individual described in subparagraph (A) or (B) of paragraph (2), include in a driver’s license or other identification card issued to that individual by the State, the address specified in that subparagraph in lieu of the individual’s address of principle residence.
“(2)
Individuals and information.—
The individuals and addresses referred to in paragraph (1) are the following:
“(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.
“(b)
Verification of Information.—
For purposes of section 202(c)(1)(D) of the REAL ID Act of 2005 (49 U.S.C. 30301 note), in the case of an individual described in subparagraph (A) or (B) of subsection (a)(2), a State need only require documentation of the address appearing on the individual’s driver’s license or other identification card issued by that State to the individual.”

Pub. L. 109–13, div. B, title II, May 11, 2005, 119 Stat. 311, as amended by Pub. L. 115–323, § 2, Dec. 17, 2018, 132 Stat. 4443; Pub. L. 116–260, div. U, title X, § 1001(b), Dec. 27, 2020, 134 Stat. 2304, provided that:

“SEC. 201.
DEFINITIONS.
“In this title, the following definitions apply:
“(1)
Driver’s license.—
The term ‘driver’s license’—
“(A)
means a motor vehicle operator’s license, as defined in section 30301 of title 49, United States Code; and
“(B)
includes driver’s licenses stored or accessed via electronic means, such as mobile or digital driver’s licenses, which have been issued in accordance with regulations prescribed by the Secretary.
“(2)
Identification card.—
The term ‘identification card’—
“(A)
means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State; and
“(B)
includes identification cards stored or accessed via electronic means, such as mobile or digital identification cards, which have been issued in accordance with regulations prescribed by the Secretary.
“(3)
Official purpose.—
The term ‘official purpose’ includes but is not limited to accessing Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants, and any other purposes that the Secretary shall determine.
“(4)
Secretary.—
The term ‘Secretary’ means the Secretary of Homeland Security.
“(5)
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, and any other territory or possession of the United States.
“SEC. 202.
MINIMUM REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL RECOGNITION.
“(a)
Minimum Standards for Federal Use.—
“(1)
In general.—
Beginning 3 years after the date of the enactment of this division [May 11, 2005], 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 may prescribe by regulation.
“(3)
Limitation.—
The presentation of digital information from a mobile or digital driver’s license or identification card to an official of a Federal agency for an official purpose may not be construed to grant consent for such Federal agency to seize the electronic device on which the license or card is stored or to examine any other information contained on such device.
“(b)
Minimum Driver’s License and Identification Card Requirements.—
To meet the requirements of this section, a State shall include, at a minimum, the following information and features on, or as part of, 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’s license or identification card number.
“(5)
A digital photograph of the person, which may be the photograph taken by the State at the time the person applies for a driver’s license or identification card or may be a digital photograph of the person that is already on file with the State.
“(6)
The person’s address of principal residence.

Evaluation and Assessment of Alternatives

Pub. L. 105–178, title II, § 2006(c), June 9, 1998, 112 Stat. 336, provided that:

“(1)
Evaluation.—
The Secretary shall evaluate the implementation of chapter 303 of title 49, United States Code, and the programs under sections 31106 and 31309 of such title and identify alternatives to improve the ability of the States to exchange information about unsafe drivers and to identify drivers with multiple licenses.
“(2)
Technology assessment.—
The Secretary, in conjunction with the American Association of Motor Vehicle Administrators, shall conduct an assessment of available electronic technologies to improve access to and exchange of motor vehicle driving records. The assessment may consider alternative unique motor vehicle driver identifiers that would facilitate accurate matching of drivers and their records.
“(3)
Report to congress.—
Not later than 2 years after the date of enactment of this Act [June 9, 1998], the Secretary shall transmit to Congress a report on the results of the evaluation and technology assessment, together with any recommendations for appropriate administrative and legislative actions.
“(4)
Authorization of Appropriations.—
There is authorized to be appropriated to carry out paragraph (2) $250,000 in the aggregate for fiscal years beginning after September 30, 1998.”

Executive Documents
Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.