118 STAT. 3829 PUBLIC LAW 108–458—DEC. 17, 2004 (v) a digital photograph of the person; (vi) the person’s address of principal residence; and (vii) the person’s signature; (E) standards for common machine-readable identity information to be included on each driver’s license or per- sonal identification card, including defined minimum data elements; (F) security standards to ensure that driver’s licenses and personal identification cards are— (i) resistant to tampering, alteration, or counter- feiting; and (ii) capable of accommodating and ensuring the security of a digital photograph or other unique identi- fier; and (G) a requirement that a State confiscate a driver’s license or personal identification card if any component or security feature of the license or identification card is compromised. (3) CONTENT OF REGULATIONS.—The regulations required by paragraph (2)— (A) shall facilitate communication between the chief driver licensing official of a State, an appropriate official of a Federal agency and other relevant officials, to verify the authenticity of documents, as appropriate, issued by such Federal agency or entity and presented to prove the identity of an individual; (B) may not infringe on a State’s power to set criteria concerning what categories of individuals are eligible to obtain a driver’s license or personal identification card from that State; (C) may not require a State to comply with any such regulation that conflicts with or otherwise interferes with the full enforcement of State criteria concerning the cat- egories of individuals that are eligible to obtain a driver’s license or personal identification card from that State; (D) may not require a single design to which driver’s licenses or personal identification cards issued by all States must conform; and (E) shall include procedures and requirements to pro- tect the privacy rights of individuals who apply for and hold driver’s licenses and personal identification cards. (4) NEGOTIATED RULEMAKING.— (A) IN GENERAL.—Before publishing the proposed regu- lations required by paragraph (2) to carry out this title, the Secretary of Transportation shall establish a negotiated rulemaking process pursuant to subchapter IV of chapter 5 of title 5, United States Code (5 U.S.C. 561 et seq.). (B) REPRESENTATION ON NEGOTIATED RULEMAKING COMMITTEE.—Any negotiated rulemaking committee estab- lished by the Secretary of Transportation pursuant to subparagraph (A) shall include representatives from— (i) among State offices that issue driver’s licenses or personal identification cards; (ii) among State elected officials; (iii) the Department of Homeland Security; and (iv) among interested parties. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00363 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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