§ 31309. Commercial driver’s license information system

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 31309

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1020

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1020

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 4011(d)(1) · 112 Stat. 107

   1. Substituted · 49 U.S.C. § 31309(a)

      Pub. L. 105–178, § 4011(d)(1), (2), substituted “maintain an information system” for “make an agreement under subsection (b) of this section for the operation of, or establish under subsection (c) of this section, an information system”

   2. Inserted · 49 U.S.C. § 31309(a)

      Pub. L. 105–178, § 4011(d)(1), (2), inserted “The system shall be coordinated with activities carried out under section 31106.” before “The Secretary shall consult”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–178, § 4011(d)(1), (2), substituted “maintain an information system” for “make an agreement under subsection (b) of this section for the operation of, or establish under subsection (c) of this section, an information system” and inserted “The system shall be coordinated with activities carried out under section 31106.” before “The Secretary shall consult”.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “make an agreement under subsection (b) of this section for the operation of, or establish under subsection (c) of this section,” and inserting “maintain”;

3. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 4011(d)(3) · 112 Stat. 107

   1. Redesignated · 49 U.S.C. § 31309(b)

      Pub. L. 105–178, § 4011(d)(3), (8), redesignated subsec. (d) as (b)

   2. Struck · 49 U.S.C. § 31309(b)

      Pub. L. 105–178, § 4011(d)(3), (8), struck out heading and text of former subsec. (b). Text read as follows: “If the Secretary decides that an information system used by a State or States about the driving status of operators of motor vehicles or another State-operated information system could be used to carry out this section, and the State or States agree to the use of the system for carrying out this section, the Secretary may make an agreement with the State or States to use the system as provided in this section and section 31311(c) of this title. An agreement made under this subsection shall contain terms the Secretary considers necessary to carry out this chapter.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–178, § 4011(d)(3), (8), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “If the Secretary decides that an information system used by a State or States about the driving status of operators of motor vehicles or another State-operated information system could be used to carry out this section, and the State or States agree to the use of the system for carrying out this section, the Secretary may make an agreement with the State or States to use the system as provided in this section and section 31311(c) of this title. An agreement made under this subsection shall contain terms the Secretary considers necessary to carry out this chapter.”

   Enacted provision · exact public law section
   (3) by striking subsections (b) and (c);

4. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 4011(d)(3) · 112 Stat. 107

   1. Redesignated · 49 U.S.C. § 31309(c)

      Pub. L. 105–178, § 4011(d)(3), (8), redesignated subsec. (e) as (c)

   2. Struck · 49 U.S.C. § 31309(c)

      Pub. L. 105–178, § 4011(d)(3), (8), struck out heading and text of former subsec. (c). Text read as follows: “If the Secretary does not make an agreement under subsection (b) of this section, the Secretary shall establish an information system about the driving status and licensing of operators of commercial motor vehicles as provided in this section.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–178, § 4011(d)(3), (8), redesignated subsec. (e) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “If the Secretary does not make an agreement under subsection (b) of this section, the Secretary shall establish an information system about the driving status and licensing of operators of commercial motor vehicles as provided in this section.”

   Enacted provision · exact public law section
   (3) by striking subsections (b) and (c);

5. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 4011(d)(8) · 112 Stat. 107

   Redesignated · 49 U.S.C. § 31309(d)

   Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b).

   Enacted provision · exact public law section
   (8) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively.

6. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 4011(d)(4) · 112 Stat. 107

   1. Added · 49 U.S.C. § 31309(d)(2)

      Pub. L. 105–178, § 4011(d)(4), added par. (2)

   2. Struck · 49 U.S.C. § 31309(d)(2)

      Pub. L. 105–178, § 4011(d)(4), struck out former par. (2) which read as follows: “Not later than December 31, 1990, the Secretary shall prescribe regulations on minimum uniform standards for a biometric identification system to ensure the identification of operators of commercial motor vehicles.”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 105–178, § 4011(d)(4), added par. (2) and struck out former par. (2) which read as follows: “Not later than December 31, 1990, the Secretary shall prescribe regulations on minimum uniform standards for a biometric identification system to ensure the identification of operators of commercial motor vehicles.”

   Enacted provision · exact public law section
   (4) by striking subsection (d)(2) and inserting the following: “(2) The information system under this section must accommodate any unique identifiers required to minimize fraud or duplication of a commercial driver’s license under section 31308(2).” ;

7. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 4011(d)(8) · 112 Stat. 107

   Redesignated · 49 U.S.C. § 31309(e)

   Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (e) as (c)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (e) as (c).

   Enacted provision · exact public law section
   (8) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively.

8. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 4011(d)(5) · 112 Stat. 107

   1. Added · 49 U.S.C. § 31309(e)

      Pub. L. 105–178, § 4011(d)(5), added subsec. (e)

   2. Struck · 49 U.S.C. § 31309(e)

      Pub. L. 105–178, § 4011(d)(5), struck out heading and text of former subsec. (e). Text read as follows:

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–178, § 4011(d)(5), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows:

   “(1) On request of a State, the Secretary or the operator of the information system, as the case may be, may make available to the State information in the information system under this section. “(2) On request of an employee, the Secretary or the operator of the information system, as the case may be, may make available to the employee information in the information system about the employee. “(3) On request of an employer or prospective employer of an employee and after notification to the employee, the Secretary or the operator of the information system, as the case may be, may make available to the employer or prospective employer information in the information system about the employee. “(4) On the request of the Secretary, the operator of the information system shall make available to the Secretary information about the driving status and licensing of operators of commercial motor vehicles (including information required by subsection (d)(1) of this section).”

   Enacted provision · exact public law section
   (5) by striking subsection (e) and inserting the following: “(e) Availability of Information.— Information in the information system shall be made available and subject to review and correction in accordance with the policy developed under section 31106(e).” ;

9. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 § 4011(d)(8) · 112 Stat. 107

   Redesignated · 49 U.S.C. § 31309(f)

   Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (f) as (d)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 105–178, § 4011(d)(8), redesignated subsec. (f) as (d).

   Enacted provision · exact public law section
   (8) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively.

10. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 4011(d)(6) · 112 Stat. 107

    Substituted · 49 U.S.C. § 31309(f)

    Pub. L. 105–178, § 4011(d)(6), (7), substituted “The Secretary may establish” for “If the Secretary establishes an information system under this section, the Secretary shall establish”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–178, § 4011(d)(6), (7), substituted “The Secretary may establish” for “If the Secretary establishes an information system under this section, the Secretary shall establish”.

    Enacted provision · exact public law section
    (6) in subsection (f) by striking “If the Secretary establishes an information system under this section, the” and inserting “The”;

11. 2005

    Motor Carrier Safety Reauthorization Act of 2005

    Pub. L. 109–59 § 4122(2)(E) · 119 Stat. 1144

    Inserted · 49 U.S.C. § 31309(b)(1)(D)(F)(2)

    Pub. L. 109–59, § 4122(2)(E), inserted “or learner’s permit” after “license”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D) to (F), (2). Pub. L. 109–59, § 4122(2)(E), inserted “or learner’s permit” after “license”.

    Enacted provision · exact public law section
    (E) in paragraphs (3) and (4) of section 31308 (as so redesignated) and in section 31309 (b) by inserting after “license” each place it appears “or learner’s permit”.

12. 2005

    Motor Carrier Safety Reauthorization Act of 2005

    Pub. L. 109–59 § 4123(a) · 119 Stat. 1144

    Added · 49 U.S.C. § 31309(e); 49 U.S.C. § 31309(f)

    Pub. L. 109–59, § 4123(a), added subsecs. (e) and (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 109–59, § 4123(a), added subsecs. (e) and (f).

    Enacted provision · exact public law section
    (a) Modernization Plan.— Section 31309 of title 49, United States Code, is amended by adding at the end the following: “(e) Modernization Plan.— “(1) In general.— Not later than 120 days after the date of enactment of this subsection, the Secretary shall develop and publish a comprehensive national plan to modernize the information system under this section that— “(A) complies with applicable Federal information technology security standards; “(B) provides for the electronic exchange of all information including the posting of convictions; “(C) contains self auditing features to ensure that data is being posted correctly and consistently by the States; “(D) integrates the commercial driver’s license and the medical certificate; and “(E) provides a schedule for modernization of the system. “(2) Consultation.— The plan shall be developed in consultation with representatives of the motor carrier industry, State safety enforcement agencies, and State licensing agencies designated by the Secretary. “(3) State funding of future efforts.— The plan shall specify that States will fund future efforts to modernize the commercial driver’s information system. “(4) Deadline for state participation.— “(A) In general.— The Secretary shall establish in the plan a date by which all States must be operating commercial driver’s license information systems that are compatible with the modernized information system under this section. “(B) Factors to consider.— In establishing the date under subparagraph (A), the Secretary shall consider the following: “(i) Availability and cost of technology and equipment needed to comply with subparagraph (A). “(ii) Time necessary to install, and test the operation of, such technology and equipment. “(5) Implementation.— The Secretary shall implement the plan developed under subsection (a) and modernize the information system under this section to meet the requirements of the plan. “(f) Funding.— At the Secretary’s discretion, a State may use the funds made available to the State under section 31318 to modernize its commercial driver’s license information system to be compatible with the modernized information system under this section.” .

13. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 title III § 301(h) · 122 Stat. 1572

    Substituted · 49 U.S.C. § 31309(f)

    Pub. L. 110–244 substituted “31313” for “31318”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–244 substituted “31313” for “31318”.

    Enacted provision · exact public law section
    (h) CDL Information System Funding Reference.— Section 31309(f) of title 49, United States Code, is amended by striking “31318” and inserting “31313”.

14. 2012

    Commercial Motor Vehicle Safety Enhancement Act of 2012

    Pub. L. 112–141 § 32933(e) · 126 Stat. 405

    Substituted · 49 U.S.C. § 31309(b)(2)

    Pub. L. 112–141, § 32933(e), substituted “section 31308(3)” for “section 31308(2)”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 112–141, § 32933(e), substituted “section 31308(3)” for “section 31308(2)”.

    Enacted provision · exact public law section
    (e) Section 31309(b)(2) is amended by striking “31308(2)” and inserting “31308(3)”.

    Effective date note
    Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

15. 2012

    Commercial Motor Vehicle Safety Enhancement Act of 2012

    Pub. L. 112–141 § 32305(a)(1) · 126 Stat. 405

    Amended · 49 U.S.C. § 31309(e)(4)(A)

    Pub. L. 112–141, § 32305(a)(1), amended subpar. (A) generally. Prior to amendment, text read as follows: “The Secretary shall establish in the plan a date by which all States must be operating commercial driver’s license information systems that are compatible with the modernized information system under this section.”

    Source evidence

    Code amendment note
    Subsec. (e)(4)(A). Pub. L. 112–141, § 32305(a)(1), amended subpar. (A) generally. Prior to amendment, text read as follows: “The Secretary shall establish in the plan a date by which all States must be operating commercial driver’s license information systems that are compatible with the modernized information system under this section.”

    Enacted provision · exact public law section
    (1) in subsection (e)(4), by amending subparagraph (A) to read as follows: “(A) In general.— The plan shall specify— “(i) a date by which all States shall be operating commercial driver’s license information systems that are compatible with the modernized information system under this section; and “(ii) that States must use the systems to receive and submit conviction and disqualification data.” ; and

    Effective date note
    Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

16. 2012

    Commercial Motor Vehicle Safety Enhancement Act of 2012

    Pub. L. 112–141 § 32305(a)(2) · 126 Stat. 405

    Substituted · 49 U.S.C. § 31309(f)

    Pub. L. 112–141, § 32305(a)(2), substituted “use, subject to section 31313(a),” for “use”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 112–141, § 32305(a)(2), substituted “use, subject to section 31313(a),” for “use”.

    Enacted provision · exact public law section
    (2) in subsection (f), by striking “use” and inserting “use, subject to section 31313(a),”.

    Effective date note
    Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

17. 2024

    Pub. L. 118–156 § 2(a)(1) · 138 Stat. 1716

    Inserted · 49 U.S.C. § 31309(a)

    Pub. L. 118–156, § 2(a)(1), inserted “(referred to in this section as the ‘Secretary’)” after “Secretary of Transportation”, “(referred to in this section as the ‘information system’)” after “an information system”, and “information” before “system shall be coordinated”

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 118–156, § 2(a)(1), inserted “(referred to in this section as the ‘Secretary’)” after “Secretary of Transportation”, “(referred to in this section as the ‘information system’)” after “an information system”, and “information” before “system shall be coordinated”.

18. 2024

    Pub. L. 118–156 § 2(a)(2)(A) · 138 Stat. 1716

    1. Inserted · 49 U.S.C. § 31309(b)(1)

       Pub. L. 118–156, § 2(a)(2)(A), inserted heading

    2. Struck · 49 U.S.C. § 31309(b)(1)

       Pub. L. 118–156, § 2(a)(2)(A), struck out “under this section” after “information system” in introductory provisions, and realigned margins of subpars. (A) to (F)

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 118–156, § 2(a)(2)(A), inserted heading, struck out “under this section” after “information system” in introductory provisions, and realigned margins of subpars. (A) to (F).

19. 2024

    Pub. L. 118–156 § 2(a)(2)(B) · 138 Stat. 1716

    1. Inserted · 49 U.S.C. § 31309(b)(2)

       Pub. L. 118–156, § 2(a)(2)(B), inserted heading

    2. Struck · 49 U.S.C. § 31309(b)(2)

       Pub. L. 118–156, § 2(a)(2)(B), struck out “under this section” after “information system”

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 118–156, § 2(a)(2)(B), inserted heading and struck out “under this section” after “information system”.

20. 2024

    Pub. L. 118–156 § 2(a)(6) · 138 Stat. 1716

    1. Added · 49 U.S.C. § 31309(d)

       Pub. L. 118–156, § 2(a)(6), added subsec. (d)

    2. Struck · 49 U.S.C. § 31309(d)

       Pub. L. 118–156, § 2(a)(6), struck out former subsec. (d). Prior to amendment, text read as follows: “The Secretary may establish a fee system for using the information system. Fees collected under this subsection in a fiscal year shall equal as nearly as possible the costs of operating the information system in that fiscal year. The Secretary shall deposit fees collected under this subsection in the Highway Trust Fund (except the Mass Transit Account).”

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 118–156, § 2(a)(6), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “The Secretary may establish a fee system for using the information system. Fees collected under this subsection in a fiscal year shall equal as nearly as possible the costs of operating the information system in that fiscal year. The Secretary shall deposit fees collected under this subsection in the Highway Trust Fund (except the Mass Transit Account).”

21. 2024

    Pub. L. 118–156 § 2(a)(6) · 138 Stat. 1716

    Redesignated · 49 U.S.C. § 31309(e)

    Pub. L. 118–156, § 2(a)(6), added subsec. (e). Former subsec. (e) redesignated (f)

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 118–156, § 2(a)(6), added subsec. (e). Former subsec. (e) redesignated (f).

22. 2024

    Pub. L. 118–156 § 2(a)(3)(A)(i) · 138 Stat. 1716

    Struck · 49 U.S.C. § 31309(e)(1)

    Pub. L. 118–156, § 2(a)(3)(A)(i), struck out “under this section” after “the information system” in introductory provisions

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 118–156, § 2(a)(3)(A)(i), struck out “under this section” after “the information system” in introductory provisions.

23. 2024

    Pub. L. 118–156 § 2(a)(3)(A)(ii) · 138 Stat. 1716

    Inserted · 49 U.S.C. § 31309(e)(1)(E)

    Pub. L. 118–156, § 2(a)(3)(A)(ii), inserted “information” after “of the”

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(1)(E). Pub. L. 118–156, § 2(a)(3)(A)(ii), inserted “information” after “of the”.

24. 2024

    Pub. L. 118–156 § 2(a)(3)(B) · 138 Stat. 1716

    Struck · 49 U.S.C. § 31309(e)(3)

    Pub. L. 118–156, § 2(a)(3)(B), struck out “commercial driver’s” before “information system”

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 118–156, § 2(a)(3)(B), struck out “commercial driver’s” before “information system”.

25. 2024

    Pub. L. 118–156 § 2(a)(3)(C) · 138 Stat. 1716

    Struck · 49 U.S.C. § 31309(e)(5)

    Pub. L. 118–156, § 2(a)(3)(C), struck out “under this section” after “information system”

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 118–156, § 2(a)(3)(C), struck out “under this section” after “information system”.

26. 2024

    Pub. L. 118–156 § 2(a)(5) · 138 Stat. 1716

    Redesignated · 49 U.S.C. § 31309(f)

    Pub. L. 118–156, § 2(a)(5), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g)

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–156, § 2(a)(5), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

27. 2024

    Pub. L. 118–156 § 2(a)(4) · 138 Stat. 1716

    1. Redesignated · 49 U.S.C. § 31309(g)

       Pub. L. 118–156, § 2(a)(4), (5), redesignated subsec. (f) as (g)

    2. Substituted · 49 U.S.C. § 31309(g)

       Pub. L. 118–156, § 2(a)(4), (5), substituted “subsections (a)(2) and (b) of section 31313” for “section 31313(a)”

    3. Substituted · 49 U.S.C. § 31309(g)

       Pub. L. 118–156, § 2(a)(4), (5), substituted “that section” for “section 31313”

    Unresolved: Pub. L. 118–156 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 118–156, § 2(a)(4), (5), redesignated subsec. (f) as (g) and substituted “subsections (a)(2) and (b) of section 31313” for “section 31313(a)” and “that section” for “section 31313”.

21 of 37 references resolved to an enrolled provision · 16 unresolved