-CITE-

49 USC CHAPTER 303 - NATIONAL DRIVER REGISTER 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 303 - NATIONAL DRIVER REGISTER

-HEAD-

CHAPTER 303 - NATIONAL DRIVER REGISTER

-MISC1-

Sec.

30301. Definitions.

30302. National Driver Register.

30303. State participation.

30304. Reports by chief driver licensing officials.

30305. Access to Register information.

30306. National Driver Register Advisory Committee.

30307. Criminal penalties.

30308. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 31311 of this title.

-End-

-CITE-

49 USC Sec. 30301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 303 - NATIONAL DRIVER REGISTER

-HEAD-

Sec. 30301. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 973.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30301 23:401 (note). Oct. 25, 1982, Pub. L.

97-364, Sec. 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.

-TRANS-

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.

-MISC2-

EVALUATION AND ASSESSMENT OF ALTERNATIVES

Pub. L. 105-178, title II, Sec. 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."

-End-

-CITE-

49 USC Sec. 30302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 303 - NATIONAL DRIVER REGISTER

-HEAD-

Sec. 30302. National Driver Register

-STATUTE-

(a) Establishment and Contents. - The Secretary of Transportation

shall establish as soon as practicable and maintain a National

Driver Register to assist chief driver licensing officials of

participating States in exchanging information about the motor

vehicle driving records of individuals. The Register shall contain

an index of the information reported to the Secretary under section

30304 of this title. The Register shall enable the Secretary

(electronically or, until all States can participate

electronically, by United States mail) -

(1) to receive information submitted under section 30304 of

this title by the chief driver licensing official of a State of

record;

(2) to receive a request for information made by the chief

driver licensing official of a participating State under section

30305 of this title;

(3) to refer the request to the chief driver licensing official

of a State of record; and

(4) in response to the request, to relay information provided

by a chief driver licensing official of a State of record to the

chief driver licensing official of a participating State, without

interception of the information.

(b) Accuracy of Information. - The Secretary is not responsible

for the accuracy of information relayed to the chief driver

licensing official of a participating State. However, the Secretary

shall maintain the Register in a way that ensures against

inadvertent alteration of information during a relay.

(c) Transition From Prior Register. - (1) The Secretary shall

provide by regulation for the orderly transition from the register

maintained under the Act of July 14, 1960 (Public Law 86-660, 74

Stat. 526), as restated by section 401 of the National Traffic and

Motor Vehicle Safety Act of 1966 (Public Law 89-563, 80 Stat. 730),

to the Register maintained under this chapter.

(2)(A) The Secretary shall delete from the Register a report or

information that was compiled under the Act of July 14, 1960

(Public Law 86-660, 74 Stat. 526), as restated by section 401 of

the National Traffic and Motor Vehicle Safety Act of 1966 (Public

Law 89-563, 80 Stat. 730), and transferred to the Register, after

the earlier of -

(i) the date the State of record removes it from the State's

file;

(ii) 7 years after the date the report or information is

entered in the Register; or

(iii) the date a fully electronic Register system is

established.

(B) The report or information shall be disposed of under chapter

33 of title 44.

(3) If the chief driver licensing official of a participating

State finds that information provided for inclusion in the Register

is erroneous or is related to a conviction of a traffic offense

that subsequently is reversed, the official immediately shall

notify the Secretary. The Secretary shall provide for the immediate

deletion of the information from the Register.

(d) Assignment of Personnel. - In carrying out this chapter, the

Secretary shall assign personnel necessary to ensure the effective

operation of the Register.

(e) Transfer of Selected Functions to Non-Federal Management. -

(1) Agreement. - The Secretary may enter into an agreement with

an organization that represents the interests of the States to

manage, administer, and operate the National Driver Register's

computer timeshare and user assistance functions. If the

Secretary decides to enter into such an agreement, the Secretary

shall ensure that the management of these functions is compatible

with this chapter and the regulations issued to implement this

chapter.

(2) Required demonstration. - Any transfer of the National

Driver Register's computer timeshare and user assistance

functions to an organization that represents the interests of the

States shall begin only after a determination is made by the

Secretary that all States are participating in the National

Driver Register's "Problem Driver Pointer System" (the system

used by the Register to effect the exchange of motor vehicle

driving records) and that the system is functioning properly.

(3) Transition period. - Any agreement entered into under this

subsection shall include a provision for a transition period

sufficient to allow the States to make the budgetary and

legislative changes the States may need to pay fees charged by

the organization representing their interests for their use of

the National Driver Register's computer timeshare and user

assistance functions. During this transition period, the

Secretary shall continue to fund these transferred functions.

(4) Fees. - The total of the fees charged by the organization

representing the interests of the States in any fiscal year for

the use of the National Driver Register's computer timeshare and

user assistance functions shall not exceed the total cost to the

organization of performing these functions in such fiscal year.

(5) Limitation on statutory construction. - Nothing in this

subsection may be construed to diminish, limit, or otherwise

affect the authority of the Secretary to carry out this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 973; Pub. L.

105-178, title II, Sec. 2006(a), June 9, 1998, 112 Stat. 335.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30302 23:401 (note). Oct. 25, 1982, Pub. L.

97-364, Sec. 203, 96 Stat.

1741.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "after the date

of enactment of this title [Oct. 25, 1982]" are omitted as

obsolete.

In subsection (c)(1), the words "The Secretary shall provide by

regulation" are substituted for "The Secretary shall, within

eighteen months after the date of enactment of this title [Oct. 25,

1982], promulgate a final rule which provides" to eliminate

executed language, for consistency in the revised title, and

because "rule" and "regulation" are synonymous.

The text of section 203(e) of the National Driver Register Act of

1982 (Public Law 97-364, 96 Stat. 1742) is omitted as unnecessary

because of 49:322(a).

-REFTEXT-

REFERENCES IN TEXT

Act of July 14, 1960, referred to in subsec. (c)(1), (2)(A), is

set out below.

-MISC2-

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-178 added subsec. (e).

REGISTER OF REVOCATIONS OF MOTOR VEHICLE OPERATOR'S LICENSES

Pub. L. 86-660, July 14, 1960, 74 Stat. 526, as amended by Pub.

L. 87-359, Oct. 4, 1961, 75 Stat. 779; Pub. L. 89-563, title IV,

Sec. 401, Sept. 9, 1966, 80 Stat. 730, provided: "That the

Secretary of Commerce shall establish and maintain a register

identifying each individual reported to him by a State, or

political subdivision thereof, as an individual with respect to

whom such State or political subdivision has denied, terminated, or

temporarily withdrawn (except a withdrawal for less than six months

based on a series of nonmoving violations) an individual's license

or privilege to operate a motor vehicle.

"Sec. 2. Only at the request of a State, a political subdivision

thereof, or a Federal department or agency, shall the Secretary

furnish information contained in the register established under the

first section of this Act, and such information shall be furnished

only to the requesting party and only with respect to an individual

applicant for a motor vehicle operator's license or permit.

"Sec. 3. As used in this Act, the term 'State' includes each of

the several States, the Commonwealth of Puerto Rico, the District

of Columbia, Guam, the Virgin Islands, the Canal Zone, and American

Samoa."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 30304 of this title.

-End-

-CITE-

49 USC Sec. 30303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 303 - NATIONAL DRIVER REGISTER

-HEAD-

Sec. 30303. State participation

-STATUTE-

(a) Notification. - A State may become a participating State

under this chapter by notifying the Secretary of Transportation of

its intention to be bound by section 30304 of this title.

(b) Withdrawal. - A participating State may end its status as a

participating State by notifying the Secretary of its withdrawal

from participation in the National Driver Register.

(c) Form and Way of Notification. - Notification by a State under

this section shall be made in the form and way the Secretary

prescribes by regulation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 974.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30303 23:401 (note). Oct. 25, 1982, Pub. L.

97-364, Sec. 204, 96 Stat.

1742.

--------------------------------------------------------------------

In subsection (c), the words "in the form and way" are

substituted for "in such form, and according to such procedures" to

eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 30301 of this title.

-End-

-CITE-

49 USC Sec. 30304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 303 - NATIONAL DRIVER REGISTER

-HEAD-

Sec. 30304. Reports by chief driver licensing officials

-STATUTE-

(a) Individuals Covered. - As soon as practicable, the chief

driver licensing official of each participating State shall submit

to the Secretary of Transportation a report containing the

information specified by subsection (b) of this section for each

individual -

(1) who is denied a motor vehicle operator's license by that

State for cause;

(2) whose motor vehicle operator's license is revoked,

suspended, or canceled by that State for cause; or

(3) who is convicted under the laws of that State of any of the

following motor vehicle-related offenses or comparable offenses:

(A) operating a motor vehicle while under the influence of,

or impaired by, alcohol or a controlled substance.

(B) a traffic violation arising in connection with a fatal

traffic accident, reckless driving, or racing on the highways.

(C) failing to give aid or provide identification when

involved in an accident resulting in death or personal injury.

(D) perjury or knowingly making a false affidavit or

statement to officials about activities governed by a law or

regulation on the operation of a motor vehicle.

(b) Contents. - (1) Except as provided in paragraph (2) of this

subsection, a report under subsection (a) of this section shall

contain -

(A) the individual's legal name, date of birth, sex, and, at

the Secretary's discretion, height, weight, and eye and hair

color;

(B) the name of the State providing the information; and

(C) the social security account number if used by the State for

driver record or motor vehicle license purposes, and the motor

vehicle operator's license number if different from the social

security account number.

(2) A report under subsection (a) of this section about an event

that occurs during the 2-year period before the State becomes a

participating State is sufficient if the report contains all of the

information that is available to the chief driver licensing

official when the State becomes a participating State.

(c) Time for Filing. - If a report under subsection (a) of this

section is about an event that occurs -

(1) during the 2-year period before the State becomes a

participating State, the report shall be submitted not later than

6 months after the State becomes a participating State; or

(2) after the State becomes a participating State, the report

shall be submitted not later than 31 days after the motor vehicle

department of the State receives any information specified in

subsection (b)(1) of this section that is the subject of the

report.

(d) Events Occurring Before Participation. - This section does

not require a State to report information about an event that

occurs before the 2-year period before the State becomes a

participating State.

(e) Driver Record Inquiry. - Before issuing a motor vehicle

operator's license to an individual or renewing such a license, a

State shall request from the Secretary information from the

National Driver Register under section 30302 and the commercial

driver's license information system under section 31309 on the

individual's driving record.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 975; Pub. L.

106-159, title II, Sec. 204, Dec. 9, 1999, 113 Stat. 1762.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30304 23:401 (note). Oct. 25, 1982, Pub. L.

97-364, Sec. 205, 96 Stat.

1742.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "after the date

of enactment of this title [Oct. 25, 1982]" are omitted as

obsolete.

In subsection (b)(1)(A), the words "(including day, month, and

year)" are omitted as surplus.

In subsection (b)(2), the words "A report under subsection (a) of

this section" are substituted for "any report concerning an

occurrence specified in subsection (a)(1), (2), or (3) of this

section" to eliminate unnecessary words.

In subsection (c), before clause (1), the words "required to be

transmitted by a chief driver licensing official of a State" are

omitted as surplus. In clause (1), the words "specified in

subsection (a)(1), (2), or (3) of this section" are omitted as

surplus. In clause (2), the words "the motor vehicle department of

the State receives any information specified in subsection (b)(1)

of this section that is the subject of the report" are substituted

for "receipt by a State motor vehicle department of any information

specified in subsection (b)(1), (2), or (3) of this section which

is the subject of such report" because of the restatement.

AMENDMENTS

1999 - Subsec. (e). Pub. L. 106-159 added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20135, 30301, 30302,

30303, 30305, 30307, 31311 of this title; title 14 section 93.

-End-

-CITE-

49 USC Sec. 30305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 303 - NATIONAL DRIVER REGISTER

-HEAD-

Sec. 30305. Access to Register information

-STATUTE-

(a) Referrals of Information Requests. - (1) To carry out duties

related to driver licensing, driver improvement, or transportation

safety, the chief driver licensing official of a participating

State may request the Secretary of Transportation to refer,

electronically or by United States mail, a request for information

about the motor vehicle driving record of an individual to the

chief driver licensing official of a State of record.

(2) The Secretary of Transportation shall relay, electronically

or by United States mail, information received from the chief

driver licensing official of a State of record in response to a

request under paragraph (1) of this subsection to the chief driver

licensing official of the participating State requesting the

information. However, the Secretary may refuse to relay information

to the chief driver licensing official of a participating State

that does not comply with section 30304 of this title.

(b) Requests To Obtain Information. - (1) The Chairman of the

National Transportation Safety Board and the Administrator of the

Federal Highway Administration may request the chief driver

licensing official of a State to obtain information under

subsection (a) of this section about an individual who is the

subject of an accident investigation conducted by the Board or the

Administrator. The Chairman and the Administrator may receive the

information.

(2) An individual who is employed, or is seeking employment, as a

driver of a motor vehicle may request the chief driver licensing

official of the State in which the individual is employed or seeks

employment to provide information about the individual under

subsection (a) of this section to the individual's employer or

prospective employer. An employer or prospective employer may

receive the information and shall make the information available to

the individual. Information may not be obtained from the National

Driver Register under this paragraph if the information was entered

in the Register more than 3 years before the request, unless the

information is about a revocation or suspension still in effect on

the date of the request.

(3) An individual who has received, or is applying for, an

airman's certificate may request the chief driver licensing

official of a State to provide information about the individual

under subsection (a) of this section to the Administrator of the

Federal Aviation Administration. The Administrator may receive the

information and shall make the information available to the

individual for review and written comment. The Administrator may

use the information to verify information required to be reported

to the Administrator by an airman applying for an airman medical

certificate and to evaluate whether the airman meets the minimum

standards prescribed by the Administrator to be issued an airman

medical certificate. The Administrator may not otherwise divulge or

use the information. Information may not be obtained from the

Register under this paragraph if the information was entered in the

Register more than 3 years before the request, unless the

information is about a revocation or suspension still in effect on

the date of the request.

(4) An individual who is employed, or is seeking employment, by a

rail carrier as an operator of a locomotive may request the chief

driver licensing official of a State to provide information about

the individual under subsection (a) of this section to the

individual's employer or prospective employer or to the Secretary

of Transportation. Information may not be obtained from the

Register under this paragraph if the information was entered in the

Register more than 3 years before the request, unless the

information is about a revocation or suspension still in effect on

the date of the request.

(5) An individual who holds, or is applying for, a license or

certificate of registry under section 7101 of title 46, or a

merchant mariner's document under section 7302 of title 46, may

request the chief driver licensing official of a State to provide

information about the individual under subsection (a) of this

section to the Secretary of the department in which the Coast Guard

is operating. The Secretary may receive the information and shall

make the information available to the individual for review and

written comment before denying, suspending, or revoking the

license, certificate, or document of the individual based on the

information and before using the information in an action taken

under chapter 77 of title 46. The Secretary may not otherwise

divulge or use the information, except for purposes of section

7101, 7302, or 7703 of title 46. Information may not be obtained

from the Register under this paragraph if the information was

entered in the Register more than 3 years before the request,

unless the information is about a revocation or suspension still in

effect on the date of the request.

(6) The head of a Federal department or agency that issues motor

vehicle operator's licenses may request the chief driver licensing

official of a State to obtain information under subsection (a) of

this section about an individual applicant for a motor vehicle

operator's license from such department or agency. The department

or agency may receive the information, provided it transmits to the

Secretary a report regarding any individual who is denied a motor

vehicle operator's license by that department or agency for cause;

whose motor vehicle operator's license is revoked, suspended, or

canceled by that department or agency for cause; or about whom the

department or agency has been notified of a conviction of any of

the motor vehicle-related offenses or comparable offenses listed in

section 30304(a)(3) and over whom the department or agency has

licensing authority. The report shall contain the information

specified in section 30304(b).

(7) An individual who is an officer, chief warrant officer, or

enlisted member of the Coast Guard or Coast Guard Reserve

(including a cadet or an applicant for appointment or enlistment of

any of the foregoing and any member of a uniformed service who is

assigned to the Coast Guard) may request the chief driver licensing

official of a State to provide information about the individual

under subsection (a) of this section to the Commandant of the Coast

Guard. The Commandant may receive the information and shall make

the information available to the individual. Information may not be

obtained from the Register under this paragraph if the information

was entered in the Register more than 3 years before the request,

unless the information is about a revocation or suspension still in

effect on the date of the request.

(8) An individual who is seeking employment by an air carrier as

a pilot may request the chief driver licensing official of a State

to provide information about the individual under subsection (a) of

this section to the prospective employer of the individual or to

the Secretary of Transportation. Information may not be obtained

from the National Driver Register under this subsection if the

information was entered in the Register more than 5 years before

the request unless the information is about a revocation or

suspension still in effect on the date of the request.

(9) A request under this subsection shall be made in the form and

way the Secretary of Transportation prescribes by regulation.

(10) An individual may request the chief driver licensing

official of a State to obtain information about the individual

under subsection (a) of this section -

(A) to learn whether information about the individual is being

provided;

(B) to verify the accuracy of the information; or

(C) to obtain a certified copy of the information.

(11) The head of a Federal department or agency authorized to

receive information regarding an individual from the Register under

this section may request and receive such information from the

Secretary.

(c) Relationship to Other Laws. - A request for, or receipt of,

information from the Register is subject to sections 552 and 552a

of title 5, and other applicable laws of the United States or a

State, except that -

(1) the Secretary of Transportation may not relay or otherwise

provide information specified in section 30304(b)(1)(A) or (C) of

this title to a person not authorized by this section to receive

the information;

(2) a request for, or receipt of, information by a chief driver

licensing official, or by a person authorized by subsection (b)

of this section to request and receive the information, is deemed

to be a routine use under section 552a(b) of title 5; and

(3) receipt of information by a person authorized by this

section to receive the information is deemed to be a disclosure

under section 552a(c) of title 5, except that the Secretary of

Transportation is not required to retain the accounting made

under section 552a(c)(1) for more than 7 years after the

disclosure.

(d) Availability of Information Provided Under Prior Law. -

Information provided by a State under the Act of July 14, 1960

(Public Law 86-660, 74 Stat. 526), as restated by section 401 of

the National Traffic and Motor Vehicle Safety Act of 1966 (Public

Law 89-563, 80 Stat. 730), and under this chapter, shall be

available under this section during the transition from the

register maintained under that Act to the Register maintained under

this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 976; Pub. L.

104-264, title V, Sec. 502(b), Oct. 9, 1996, 110 Stat. 3262; Pub.

L. 104-324, title II, Sec. 207(b), Oct. 19, 1996, 110 Stat. 3908;

Pub. L. 105-102, Sec. 2(18), Nov. 20, 1997, 111 Stat. 2205; Pub. L.

105-178, title II, Sec. 2006(b), June 9, 1998, 112 Stat. 335.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30305 23:401 (note). Oct. 25, 1982, Pub. L.

97-364, Sec. 206, 96 Stat.

1743; Dec. 30, 1987, Pub. L.

100-223, Sec. 305, 101 Stat.

1525; June 22, 1988, Pub. L.

100-342, Sec. 4(b), 102

Stat. 626; Aug. 18, 1990,

Pub. L. 101-380, Sec.

4105(a), 104 Stat. 512.

--------------------------------------------------------------------

In subsection (a)(1), the words "on and after the date of

enactment of this title [Oct. 25, 1982]" are omitted as obsolete.

In subsection (b)(1), the word "Administrator" is substituted for

"Bureau of Motor Carrier Safety" for consistency.

Subsection (d) is substituted for the last 2 sentences (added

twice by mistake) in paragraphs (1) and (2) and for the last

sentence in paragraphs (3), (4), and (7)(C) of section 206(b) of

the National Driver Register Act of 1982 (Public Law 97-364, 96

Stat. 1744) for clarity and to avoid repeating the provision

unnecessarily.

PUB. L. 105-102, SEC. 2(18)(A)

This amends 49:30305(b)(8), as redesignated by section 207(b) of

the Coast Guard Authorization Act of 1996 (Public Law 104-324, 110

Stat. 3908), to correct an erroneous cross-reference.

PUB. L. 105-102, SEC. 2(18)(B)

This amends 49:30305(b) to redesignate paragraph (8), as

redesignated by section 502(b)(1) of the Federal Aviation

Reauthorization Act of 1996 (Public Law 104-264, 110 Stat. 3262),

as paragraph (9), because section 207(b) of the Coast Guard

Authorization Act of 1996 (Public Law 104-324, 110 Stat. 3908),

redesignated paragraph (7) as paragraph (8) but did not redesignate

paragraph (8) as paragraph (9).

-REFTEXT-

REFERENCES IN TEXT

Act of July 14, 1960, referred to in subsec. (d), is set out as a

note under section 30302 of this title.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-178, Sec. 2006(b)(1)(A),

inserted before period at end ", unless the information is about a

revocation or suspension still in effect on the date of the

request".

Subsec. (b)(6). Pub. L. 105-178, Sec. 2006(b)(2)(B), added par.

(6). Former par. (6) redesignated (10).

Subsec. (b)(8). Pub. L. 105-178, Sec. 2006(b)(1)(C), directed

amendment identical to that made by Pub. L. 105-102, Sec. 2(18)(B).

See 1997 Amendment note below.

Pub. L. 105-178, Sec. 2006(b)(1)(B)(ii), realigned margins.

Pub. L. 105-178, Sec. 2006(b)(1)(B)(i), directed amendment

identical to that made by Pub. L. 105-102, Sec. 2(18)(A). See 1997

Amendment note below.

Subsec. (b)(9). Pub. L. 105-178, Sec. 2006(b)(1)(C), directed

amendment identical to that made by Pub. L. 105-102, Sec. 2(18)(B).

See 1997 Amendment note below.

Subsec. (b)(10). Pub. L. 105-178, Sec. 2006(b)(2)(A),

redesignated par. (6) as (10) and transferred it to appear after

par. (9).

Subsec. (b)(11). Pub. L. 105-178, Sec. 2006(b)(2)(C), added par.

(11).

1997 - Subsec. (b)(8). Pub. L. 105-102, Sec. 2(18)(B),

redesignated par. (8), relating to request, as (9).

Pub. L. 105-102, Sec. 2(18)(A), in par. (8), relating to

individual seeking employment as pilot, substituted "subsection (a)

of this section" for "paragraph (2)".

Subsec. (b)(9). Pub. L. 105-102, Sec. 2(18)(B), redesignated par.

(8), relating to request, as (9).

1996 - Subsec. (b)(7). Pub. L. 104-324, Sec. 207(b), added par.

(7). Former par. (7), relating to individual seeking employment as

pilot, redesignated (8).

Pub. L. 104-264, Sec. 502(b), added par. (7). Former par. (7),

relating to request, redesignated (8).

Subsec. (b)(8). Pub. L. 104-324, Sec. 207(b), redesignated par.

(7), relating to individual seeking employment as pilot, as (8).

Pub. L. 104-264, Sec. 502(b), redesignated par. (7), relating to

request, as (8).

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

Section 502(d) of Pub. L. 104-264 provided that: "The amendments

made by this section [amending this section and sections 44936 and

46301 of this title] shall apply to any air carrier hiring an

individual as a pilot whose application was first received by the

carrier on or after the 120th day following the date of the

enactment of this Act [Oct. 9, 1996]."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20135, 30301, 30302,

30307, 44936 of this title; title 14 section 93.

-End-

-CITE-

49 USC Sec. 30306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 303 - NATIONAL DRIVER REGISTER

-HEAD-

Sec. 30306. National Driver Register Advisory Committee

-STATUTE-

(a) Organization. - There is a National Driver Register Advisory

Committee.

(b) Duties. - The Committee shall advise the Secretary of

Transportation on -

(1) the efficiency of the maintenance and operation of the

National Driver Register; and

(2) the effectiveness of the Register in assisting States in

exchanging information about motor vehicle driving records.

(c) Composition and Appointment. - The Committee is composed of

15 members appointed by the Secretary as follows:

(1) 3 members appointed from among individuals who are

specially qualified to serve on the Committee because of their

education, training, or experience, and who are not officers or

employees of the United States Government or a State.

(2) 3 members appointed from among groups outside the

Government that represent the interests of bus and trucking

organizations, enforcement officials, labor, or safety

organizations.

(3) 9 members, geographically representative of the

participating States, appointed from among individuals who are

chief driver licensing officials of participating States.

(d) Terms. - (1) Except as provided in paragraph (2) of this

subsection, the term of each member is 3 years.

(2) A vacancy on the Committee shall be filled in the same way as

an original appointment. A member appointed to fill a vacancy

serves for the remainder of the term of that member's predecessor.

After a member's term ends, the member may continue to serve until

a successor takes office.

(e) Pay and Expenses. - Members of the Committee serve without

pay. However, the Secretary may reimburse a member for reasonable

travel expenses incurred by the member in attending meetings of the

Committee.

(f) Meetings, Chairman, Vice Chairman, and Quorum. - (1) The

Committee shall meet at least once a year.

(2) The Committee shall elect a Chairman and a Vice Chairman from

among its members.

(3) Eight members are a quorum.

(4) The Committee shall meet at the call of the Chairman or a

majority of the members.

(g) Personnel and Services. - The Secretary may provide the

Committee with personnel, penalty mail privileges, and similar

services the Secretary considers necessary to assist the Committee

in carrying out its duties and powers under this section.

(h) Reports. - At least once a year, the Committee shall submit

to the Secretary a report on the matters specified in subsection

(b) of this section. The report shall include any recommendations

of the Committee for changes in the Register.

(i) Relationship to Other Laws. - The Committee is exempt from

sections 10(e) and (f) and 14 of the Federal Advisory Committee Act

(5 App. U.S.C.).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 978.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30306 23:401 (note). Oct. 25, 1982, Pub. L.

97-364, Sec. 209, 96 Stat.

1746.

--------------------------------------------------------------------

In subsection (a), the word "hereby" is omitted as surplus.

In subsection (c), the text of section 209(c)(2) of the National

Driver Register Act of 1982 (Public Law 97-364, 96 Stat. 1746) is

omitted as executed.

In subsection (g), the words "The Secretary may provide the

Committee" are substituted for "The Advisory Committee may receive

from the Secretary" for clarity.

In subsection (h), the cross-reference is used to avoid repeating

the same language twice in this section.

-REFTEXT-

REFERENCES IN TEXT

Sections 10 and 14 of the Federal Advisory Committee Act,

referred to in subsec. (i), are sections 10 and 14 of Pub. L.

92-463, which are set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

49 USC Sec. 30307 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 303 - NATIONAL DRIVER REGISTER

-HEAD-

Sec. 30307. Criminal penalties

-STATUTE-

(a) General Penalty. - A person (except an individual described

in section 30305(b)(6) (!1) of this title) shall be fined under

title 18, imprisoned for not more than one year, or both, if -

(1) the person receives under section 30305 of this title

information specified in section 30304(b)(1)(A) or (C) of this

title;

(2) disclosure of the information is not authorized by section

30305 of this title; and

(3) the person willfully discloses the information knowing that

disclosure is not authorized.

(b) Information Penalty. - A person knowingly and willfully

requesting, or under false pretenses obtaining, information

specified in section 30304(b)(1)(A) or (C) of this title from a

person receiving the information under section 30305 of this title

shall be fined under title 18, imprisoned for not more than one

year, or both.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 979.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30307 23:401 (note). Oct. 25, 1982, Pub. L.

97-364, Sec. 208, 96 Stat.

1746; Dec. 30, 1987, Pub. L.

100-223, Sec. 305(b)(1), 101

Stat. 1526.

--------------------------------------------------------------------

In this section, the words "fined under title 18" are substituted

for "fined not more than $10,000" for consistency with title 18.

In subsection (a), before clause (1), the reference to "section

30305(b)(6) of this title" is used to carry out the probable intent

of Congress. Section 305(b)(1) of the Airport and Airway Safety and

Capacity Expansion Act of 1987 (Public Law 100-223, 101 Stat. 1526)

amended section 206(b) of the National Driver Register Act of 1982

(Public Law 97-364, 96 Stat. 1744) by "redesignating paragraphs (3)

and (4), and any reference thereto, as paragraphs (4) and (5),

respectively". Because the reference to "section 206(b)(4)" in

section 208 of the National Driver Register Act of 1982 appears to

have been incorrect before that amendment, and would continue to be

incorrect if the reference is redesignated as required by the

amendment, a reference to section 30305(b)(6) is used in this

section to carry out the probable intent of Congress.

-REFTEXT-

REFERENCES IN TEXT

Section 30305(b) of this title, referred to in subsec. (a), was

amended by Pub. L. 105-178, title II, Sec. 2006(b)(2)(A), (B), June

9, 1998, 112 Stat. 336, which added a new par. (6) and redesignated

former par. (6) as (10).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 30308 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 303 - NATIONAL DRIVER REGISTER

-HEAD-

Sec. 30308. Authorization of appropriations

-STATUTE-

(a) General. - The Secretary of Transportation shall make

available from amounts made available to carry out section 402 of

title 23 $4,000,000 for each of the fiscal years ending September

30, 1993, and September 30, 1994, $2,550,000 for each of fiscal

years 1995, 1996, and 1997, and $1,855,000 for the period of

October 1, 1997, through March 31, 1998, to carry out this chapter.

(b) Availability of Amounts. - Amounts authorized under this

section remain available until expended.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 979; Pub. L.

103-331, title III, Sec. 343, Sept. 30, 1994, 108 Stat. 2496; Pub.

L. 103-429, Sec. 6(25), Oct. 31, 1994, 108 Stat. 4380; Pub. L.

104-59, title III, Sec. 343, Nov. 28, 1995, 109 Stat. 610; Pub. L.

104-287, Sec. 5(59), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105-18,

title II, Sec. 8004, June 12, 1997, 111 Stat. 195; Pub. L. 105-130,

Sec. 6(c), Dec. 1, 1997, 111 Stat. 2559.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30308 23:401 (note). Oct. 25, 1982, Pub. L.

97-364, Sec. 211, 96 Stat.

1747; Dec. 18, 1991, Pub. L.

102-240, Sec. 2007, 105

Stat. 2080.

--------------------------------------------------------------------

In subsection (a), the text of section 211(a) of the National

Driver Register Act of 1982 (Public Law 97-364, 96 Stat. 1747) is

omitted as executed. The words "and the provisions of Public Law

86-660 (74 Stat. 526)" and references to fiscal years 1983-1987 and

1992 are omitted as obsolete. The word "section" in the source

provision is translated as if it were "title" to reflect the

apparent intent of Congress.

PUB. L. 103-429

This amends 49:30308(b) to correct an error in the codification

enacted by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 979).

PUB. L. 104-287

This amends 49:30308 to correct a grammatical error.

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-130 substituted "1994," for

"1994, and" and inserted "and $1,855,000 for the period of October

1, 1997, through March 31, 1998," after "1997,".

Pub. L. 105-18 substituted ", 1996, and 1997" for "and 1996".

1996 - Subsec. (a). Pub. L. 104-287 inserted a comma after

"September 30, 1994".

1995 - Subsec. (a). Pub. L. 104-59 substituted "and $2,550,000

for each of fiscal years 1995 and 1996" for "and $2,550,000 for

fiscal year 1995".

1994 - Subsec. (a). Pub. L. 103-331 inserted "and $2,550,000 for

fiscal year 1995" after "1994".

Subsec. (b). Pub. L. 103-429 substituted "authorized" for

"appropriated".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-End-