DHS Issues Final Rule On REAL-ID Compliant Driver's Licenses and ID Cards
The Department of Homeland Security has issued a final rule to amend 6 CFR Part 37 to establish minimum standards for state-issued driver's licenses and identification cards that Federal agencies would accept for "official purposes" on or after May 11, 2008, in accordance with the REAL ID Act of 2005 (Public Law 109-13). Such driver's licenses and identification cards intended for use for "official purposes" are referred to as REAL ID-compliant cards.
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(The REAL ID requirements are a result of recommendations made by the 9/11 Commission to improve the U.S. system for issuing identification documents.)
REAL ID-Compliant Cards Needed to Access Aircraft, Federal Facilities, Etc.
As of May 11, 2008, Federal agencies cannot accept driver's licenses or identification cards for "official purposes" from states that have not been determined by DHS to be in compliance with the REAL ID Act unless a state has requested and obtained an extension of the compliance date.
Under 49 USC 30301 note it states, "the term 'official purpose' includes but is not limited to accessing Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants, and any other purposes that the Secretary shall determine."
(Note that federally-regulated commercial aircraft means any commercial aircraft regulated by the Transportation Security Administration (including American Airlines, Delta, Continental Airlines, etc.). According to DHS, the final rule's most significant impact on the public will be the inability to pass through security at airports without REAL-ID compliant cards once the rule takes effect - see below for details on extensions.)
Most states expected to file for 3 year extension. DHS explains that most, if not all states will be unable to comply by May 2008 and will file requests for extensions. The final rule provides a process for states to seek an extension of the compliance deadline to May 11, 2011 by demonstrating material compliance with the core requirements of the REAL ID Act and the final rule.
11 year phase-in period for replacement cards. In addition, the final rule extends the enrollment time period to allow states determined by DHS to be in compliance with the REAL ID Act to replace all licenses intended for "official purposes" with REAL ID-compliant cards by December 1, 2014 for people born after December 1, 1964, and by December 1, 2017 for those born on or before December 1, 1964.
Entry still allowed with acceptable alternative document. DHS notes that individuals without REAL ID-compliant documents will still be able to enter Federal facilities and board commercial aircraft with an acceptable alternative document.
REAL ID Standards and Requirements
The REAL ID standards involve information and security features that must be incorporated into each card; application information to establish the identity and immigration status of an applicant before a card can be issued; and physical security standards for facilities where such identification cards are produced.
Required components. The final rule does not specify designs or layouts of state-issued licenses; however, REAL ID-compliant cards must include: (1) full legal name, date of birth, and gender; (2) driver's license or identification card number; (3) digital photograph of the person; (4) address of principal residence; (5) the person's signature; (6) physical security features designed to prevent tampering, counterfeiting, or duplication; and (7) a common machine-readable technology.
DHS Working with States on Enhanced Drivers Licenses That Will be Compliant with Both REAL ID and WHTI
DHS explains that as part of the Western Hemisphere Travel Initiative, the DHS Secretary has the authority to designate alternative documents that denote identity and citizenship that can be used for cross border purposes at land and sea ports-of-entry. DHS notes that enhanced driver's licenses (EDL) could meet this need and that it will continue to work closely with interested states to develop driver's licenses that can meet both REAL ID and WHTI requirements. (See ITT's Online Archives or 12/12/07 news, 07121225, for BP summary of DHS' fact sheet on EDLs.)
(See ITT's Online Archives or 04/27/07 news, (Ref. 07042710), for BP summary of DHS' REAL ID proposed rule.)
DHS contact - Darrell Williams (202) 282-9829
DHS final rule (D/N DHS-2006-0030, FR Pub 01/29/08) available at http://a257.g.akamaitech.net/7/257/2422/29jan20081800/edocket.access.gpo.gov/2008/pdf/08-140.pdf
DHS Q&A document (dated 01/14/08) available at http://www.dhs.gov/xprevprot/programs/gc_1172767635686.shtm