[Federal Register: November 7, 2001 (Volume 66, Number 216)]
[Proposed Rules]
[Page 56261-56262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no01-30]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1331
[Docket No. NHTSA-2001-10917]
RIN 2127-AG-91
Withdrawal of Proposed Rule on State-Issued Driver's Licenses and
Comparable Identification Documents
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Withdrawal of proposed rule.
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SUMMARY: This document withdraws a proposed rule that was intended to
implement the requirements contained in section 656(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996. Section
656(b) of the Act, entitled State-Issued Driver's Licenses and
Comparable Identification Documents, provided that a Federal agency
could only accept as proof of identity a driver's license or
identification document that conformed to specific requirements, in
accordance with regulations issued by the Secretary of Transportation.
Congress subsequently repealed section 656(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
DATES: The proposed rule is withdrawn as of November 7, 2001.
FOR FURTHER INFORMATION CONTACT: Ms. Christine Holdsworth, Acting
Chief, Driver Register and Traffic Records Division, NTS-32, NHTSA, 400
Seventh Street, S.W., Washington, D.C. 20590; telephone (202) 366-4800,
or Ms. Heidi L. Coleman, Assistant Chief Counsel for General Law, NCC-
30, NHTSA, 400 Seventh Street, SW., Washington, DC 20590; telephone
(202) 366-1834.
SUPPLEMENTARY INFORMATION: The Omnibus Consolidated Appropriations Act
for Fiscal Year 1997, Pub. L. 104-208, was signed into law on September
30, 1996. The Omnibus Act included, as Title VI of Division C, the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(hereinafter, the ``Immigration Reform Act''). The purpose of the
Immigration Reform Act was to improve deterrence of illegal immigration
into the United States.
Section 656(b) of the Act, entitled State-Issued Driver's Licenses
and Comparable Identification Documents, provided that, after October
1, 2000, Federal agencies could not accept driver's licenses, or other
comparable identification documents issued by a State, as proof of
identity unless the driver's license or identification document
conformed to certain requirements.
A. Statutory Requirements
Section 656(b) established three requirements that State-issued
driver's licenses or other comparable identification documents had to
meet, to be acceptable as proof of identity:
1. Application Process--The application process for the driver's
license or identification document was to include the presentation of
such evidence of identity as required by regulations promulgated by the
Secretary of Transportation, after consultation with the American
Association of Motor Vehicle Administrators (AAMVA).
2. Form--The driver's license or identification document was to be
in a form consistent with requirements set forth in regulations
promulgated by the Secretary of Transportation, after consultation with
AAMVA. The form was to contain security features designed to limit
tampering, counterfeiting, photocopying, or otherwise duplicating, the
driver's license or identification document for fraudulent purposes and
to limit the use of the driver's license or identification document by
imposters.
3. Social Security Number--The driver's license or identification
document was required to contain a social security number that could be
read visually or by electronic means, unless the State issuing such
driver's license or identification document met certain conditions.
To meet the conditions, the State that did not require the driver's
license or identification document to contain a social security number
would have had to require every applicant for a driver's license or
identification documents to submit his or her social security number.
The State would also have had to verify the validity of the social
security number with the Social Security Administration (SSA).
B. Proposed Regulations
The Immigration Reform Act required that the Secretary of
Transportation issue regulations governing State-issued driver's
licenses and comparable
[[Page 56262]]
identification documents after consulting with the American Association
of Motor Vehicle Administrators (AAMVA).
NHTSA consulted with AAMVA, and with interested Federal agencies
before issuing a notice of proposed rulemaking (NPRM) on June 17, 1998,
63 FR33220, to implement Section 656(b). The proposed requirements
related to such matters as evidence of identity, form and security
features, use of the social security number, certification of
compliance, and the availability of grants to assist States in meeting
these requirements.
The agency received a total of 2,591 comments, the vast majority of
which strongly opposed the agency's proposal. The most frequent
objections were based on privacy and civil liberty concerns.
Congress also received an overwhelming number of negative comments
regarding section 656(b) and the agency's proposal to implement that
section. On October 9, 1999, Congress repealed section 656(b) Pub. L.
106-69, 113 Stat. 1027. Accordingly, the proposed rule to implement the
requirements contained in section 656(b), published on June 17, 1998,
at 63 FR 33220, entitled State-Issued Driver's Licenses and Comparable
Identification Documents, is hereby withdrawn.
Issued on: November 1, 2001.
Jeffrey W. Runge,
Administrator.
[FR Doc. 01-28007 Filed 11-6-01; 8:45 am]
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