119 STAT. 314
Deadline. Memorandum.
VerDate 14-DEC-2004
08:19 Oct 26, 2006
PUBLIC LAW 109–13—MAY 11, 2005
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.
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