(Policies in effect on: 1/1/2016)
The Federal Government issues a variety of national identification documents including passports and military identification. However, no Federal law addresses the use of these identifications for the purchase of alcohol. Similarly, research revealed no Federal law addressing the production or distribution of false identification for the specific purpose of obtaining alcohol.
Licensing of drivers has traditionally been considered a matter reserved to State control under the Tenth Amendment to the U.S. Constitution, which states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". On May 11, 2005, however, President Bush signed into law the REAL ID Act of 2005, part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Pub. L. No. 109-13, 119 Stat. 231 (2005), which, inter alia, requires that Federal agencies not accept, for any official purpose, State-issued driver's licenses or identification cards after May 11, 2008, unless the State has been certified to meet certain Federal requirements. See id. at Title II, §§ 201-207.
In 1988, the Federal Government created an incentive grant program to encourage States to adopt and implement measures to reduce traffic safety problems resulting from alcohol abuse. Among the qualifying measures were those that would require the issuance of distinctive drivers' licenses to individuals under age 21 as well as the issuance of tamper resistant drivers' licenses. See former 23 U.S.C. § 410 and former 23 C.F.R. § 1313.6.
Federal regulations provide for the suspension or revocation of military installation driving privileges for permitting an unlawful or fraudulent use of an official driver's license. 32 C.F.R. § 634.43.
FEDERAL CITATIONS AND RELEVANT TEXT EXCERPTS
Public Law 109-13
An Act Making Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief, for the fiscal year ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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SEC. 201. 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 49 U.S.C. § 30301 of title 49, United States Code.
(2) Identification card. - The term `identification card' means a personal identification card, as defined in section 18 U.S.C. § 1028(d) of title 18, United States Code, issued by a State.
(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, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
SEC. 202. 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 the enactment of this division, 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, in consultation with the Secretary ofTransportation, may prescribe by regulation.
(b) Minimum Document Requirements. - To meet the requirements of this section, a State shall include, at a minimum, the following information 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'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.
(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 information before issuing a driver's license or identification card to a person:
(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.
(2) Special requirements. -
(A) In general. - To meet the requirements of this section, a State shall comply with the minimum standards of this paragraph.
(B) Evidence of lawful status. - A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person -
(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.
(C) Temporary drivers' licenses and identification cards. -
(i) In general. - If a person presents evidence under any of clauses (v) through (ix) of subparagraph (B), the State may only issue a temporary driver's license or temporary identification card to the person.
(ii) Expiration date. - A temporary driver's license or temporary identification card issued pursuant to this subparagraph shall be valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, aperiod of one year.
(iii) Display of expiration date. - A temporary driver's license or temporary identification card issued pursuant to this subparagraph shall clearly indicate that it is temporary and shall state the date on which it expires.
(iv) Renewal. - A temporary driver's license or temporary identification card issued pursuant to this subparagraph may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary driver's license or temporary identification card has been extended by the Secretary of Homeland Security.
(3) 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 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 (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.
(d) Other Requirements. - To meet the requirements of this section, a State shall adopt the following practices in the issuance of drivers' 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 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.
SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS.
(a) Criminal Penalty.--Section 1028(a)(8) of title 18, United States Code, is amended by striking ``false authentication features'' and inserting ``false or actual authentication features''.
(b) Use of False Driver's License at Airports.--
(1) In general.--The Secretary shall enter, into the appropriate aviation security screening database, appropriate information regarding any person convicted of using a false driver's license at an airport (as such term is defined in section 40102 of title 49, United States Code).
(2) False defined.--In this subsection, the term ``false'' has the same meaning such term has under section 1028(d) of title 18, United States Code.
SEC. 204. 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. 205. AUTHORITY.
(a) Participation of Secretary of Transportation and States.--All authority to issue regulations, set standards, and issue grants under this title shall be carried out by the Secretary, in consultation with the Secretary of Transportation and the States.
(b) Extensions of Deadlines.--The Secretary may grant to a State an extension of time to meet the requirements of section 202(a)(1) if the State provides adequate justification for noncompliance.
SEC. 206. REPEAL.
Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is repealed.
SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.
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.
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United States Code
Title 23 - HIGHWAYS
CHAPTER 4 - HIGHWAY SAFETY
§ 410. Alcohol-impaired driving countermeasures
(a) General Authority.—
(1) Authority to make grants.—Subject to the requirements of this section, the Secretary shall make grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of alcohol. Such grants may only be used by recipient States to implement and enforce such programs.
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(3) Federal share.—The Federal share of the cost of implementing and enforcing in a fiscal year a program adopted by a State pursuant to paragraph (1) shall not exceed—
(A) in each of the first and second fiscal years in which the State receives a grant under this section, 75 percent;
(B) in each of the third and fourth fiscal years in which the State receives a grant under this section, 50 percent; and
(C) in each of the fifth through eleventh fiscal years in which the State receives a grant under this section, 25 percent.
(b) Eligibility Requirements.—To be eligible for a grant under subsection (a), a State shall—
(1) have an alcohol related fatality rate of 0.5 or less per 100,000,000 vehicle miles traveled as of the date of the grant, as determined by the Secretary using the most recent Fatality Analysis Reporting System of the National Highway Traffic Safety Administration; or
(2)(A) for fiscal year 2006 by carrying out 3 of the programs and activities under subsection (c);
(B) for fiscal year 2007 by carrying out 4 of the programs and activities under subsection (c); or
(C) for each of fiscal years 2008 through 2012 by carrying out 5 of the programs and activities under subsection (c).
(c) State Programs and Activities.—The programs and activities referred to in subsection (b) are the following:
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(6) Underage drinking program.—An effective strategy, as determined by the Secretary, for preventing operators of motor vehicles under age 21 from obtaining alcoholic beverages and for preventing persons from making alcoholic beverages available to individuals under age 21. Such a strategy may include—
(A) the issuance of tamper-resistant drivers’ licenses to individuals under age 21 that are easily distinguishable in appearance from drivers’ licenses issued to individuals age 21 or older; and
(B) a program provided by a nonprofit organization for training point of sale personnel concerning, at a minimum—
(i) the clinical effects of alcohol;
(ii) methods of preventing second party sales of alcohol;
(iii) recognizing signs of intoxication;
(iv) methods to prevent underage drinking; and
(v) Federal, State, and local laws that are relevant to such personnel; and
(C) having a law in effect that creates a 0.02 percent blood alcohol content limit for drivers under 21 years old.
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(f) Allocation.—Subject to subsection (g), funds made available to carry out this section shall be allocated among States that meet the eligibility criteria in subsection (b) on the basis of the apportionment formula under section 402(c).
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* Repealed effective October 1, 2012. Pub.L. 112-141, Div. C, Title I, § 31109(e), July 6, 2012, 126 Stat. 757.
Code of Federal Regulations
Title 23 - Highways
CHAPTER III - NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 1313—INCENTIVE GRANT CRITERIA FOR ALCOHOL-IMPAIRED DRIVING PREVENTION PROGRAMS
§ 1313.6. Requirements for a programmatic state
To qualify for a grant as a programmatic State, a State must adopt and demonstrate compliance with at least three of the following criteria in FY 2006, at least four of the following criteria in FY 2007, and at least five of the following criteria in FY 2008 and FY 2009:
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(f) Underage drinking prevention program—
(1) Criterion. An effective underage drinking prevention program designed to prevent persons under the age of 21 from obtaining alcoholic beverages and to prevent persons of any age from making alcoholic beverages available to persons under the age of 21, that provides for:
(i) The issuance of a tamper resistant driver's license to persons under age 21 that is easily distinguishable in appearance from a driver's license issued to persons 21 years of age and older;
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(2) Definition. Tamper resistant driver's license means a driver's license that has one or more of the security features listed in the Appendix.
(3) Demonstrating compliance.
(i) To demonstrate compliance in the first fiscal year under this criterion, the State shall submit sample drivers' licenses issued to persons both under and over 21 years of age that demonstrate the distinctive appearance of licenses for drivers under age 21 and the tamper resistance of these licenses. States shall also submit a plan describing a program for educating point-of-sale personnel that covers each element of § 1313.6(f)(1)(ii). States shall submit a copy of their zero tolerance law that complies with 23 U.S.C. 161. In addition, States shall submit a plan that provides for an enforcement program and communications strategy meeting § 1313.6(f)(1)(iv) and (v).
(ii) To demonstrate compliance in subsequent fiscal years, States need only submit information documenting any changes to the State's driver's licenses or underage driving prevention program, or a certification stating there have been no changes since the State's previous year submission.
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* Repealed effective January 23, 2013.
Code of Federal Regulations
Title 32 - National Defense
CHAPTER V - DEPARTMENT OF THE ARMY
SUBCHAPTER I - LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS
Subpart E—Driving Records and the Traffic Point System
§ 634.43. Driving records
Each Service and DLA will use its own form to record vehicle traffic accidents, moving violations, suspension or revocation actions, and traffic point assessments involving military and DOD civilian personnel, their family members, and other personnel operating motor vehicles on a military installation.
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Table 5-1 of Part 634 Suspension/Revocation of Driving Privileges (See Notes 1 and 2).
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Assessment 4: Suspension for a period of 6 months or less or revocation for a period not to exceed 1 year is discretionary. Violation:
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B. Commission of an offense in another State which, if committed on the installation, would be grounds for suspension or revocation.
C. Permitting an unlawful or fraudulent use of an official driver's license.
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1. When imposing a suspension or revocation because of an off-installation offense, the effective date should be the same as the date of civil conviction, or the date that State or host-nation driving privileges are suspended or revoked. This effective date can be retroactive.
2. No points are assessed for revocation or suspension actions. Except for implied consent violations, revocations must be based on a conviction by a civilian court or courts-martial, nonjudicial punishment under Article 15, UCMJ, or a separate hearing as addressed in this part. If revocation for implied consent is combined with another revocation, such as 1 year for intoxicated driving, revocations may run consecutively (total of 24 months) or concurrently (total of 12 months). The installation commander's policy should be applied systematically and not on a case-by-case basis.
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