49 USC 30305(c)(1): Certain information received pursuant to the National Driver Register Act of 1982
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
|---|---|
| Dept. of Transportation | 1.0 |
TITLE 49--TRANSPORTATION
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
PART A--GENERAL
CHAPTER 303--NATIONAL DRIVER REGISTER
Sec. 30305. Access to Register information
(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 informa
tion 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) An individual who has or is seeking access to national security
information for purposes of Executive Order No. 12968, or any successor
Executive order, or an individual who is being investigated for Federal
employment under authority of Executive Order No. 10450, or any
successor Executive order, may request the chief driver licensing
official of a State to provide information about the individual pursuant
to subsection (a) of this section to a Federal department or agency that
is authorized to investigate the individual for the purpose of assisting
in the determination of the eligibility of the individual for access to
national security information or for Federal employment in a position
requiring access to national security information. A Federal department
or agency that receives information about an individual under the
preceding sentence may use such information only for purposes of the
authorized investigation and only in accordance with applicable law.
(10) A request under this subsection shall be made in the form and
way the Secretary of Transportation prescribes by regulation.
(11) 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.
(12) 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.
(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;
Pub. L. 108-375, div. A, title X, Sec. 1061, Oct. 28, 2004, 118 Stat.
2056.)
Historical and Revision Notes
Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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).
References in Text
Executive Order No. 12968, referred to in subsec. (b)(9), is set out
as a note under section 435 of Title 50, War and National Defense.
Executive Order No. 10450, referred to in subsec. (b)(9), is set out
as a note under section 7311 of Title 5, Government Organization and
Employees.
Act of July 14, 1960, referred to in subsec. (d), is set out as a
note under section 30302 of this title.
Amendments
2004--Subsec. (b)(9) to (12). Pub. L. 108-375 added par. (9) and
redesignated former pars. (9) to (11) as (10) to (12), respectively.
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].''
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.
(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.
(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;
Pub. L. 108-375, div. A, title X, Sec. 1061, Oct. 28, 2004, 118 Stat.
2056.)
Historical and Revision Notes
Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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).
References in Text
Executive Order No. 12968, referred to in subsec. (b)(9), is set out
as a note under section 435 of Title 50, War and National Defense.
Executive Order No. 10450, referred to in subsec. (b)(9), is set out
as a note under section 7311 of Title 5, Government Organization and
Employees.
Act of July 14, 1960, referred to in subsec. (d), is set out as a
note under section 30302 of this title.
Amendments
2004--Subsec. (b)(9) to (12). Pub. L. 108-375 added par. (9) and
redesignated former pars. (9) to (11) as (10) to (12), respectively.
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].''
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.