Homeland Security: The Real ID Final Rules Are Out

SUMMARY:

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DEPARTMENT OF HOMELAND SECURITY Office of the Secretary
6 CFR Part 37
Docket No. DHS-2006-0030 RIN 1601-AA37
Minimum Standards for Drivers’ Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes
AGENCY: Office of the Secretary, DHS.

ACTION: Final rule.

The Department of Homeland Security is establishing minimum standards for State-issued drivers’ licenses and identification cards that Federal agencies would accept for official purposes on or after May 1 1,2008, in accordance with the REAL ID Act of 2005. This rule establishes standards to meet the minimum requirements of the REAL ID Act of 2005. These standards involve a number of aspects of the process used to issue identification documents, including: 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 drivers’ licenses and applicable identification cards are produced. This final rule also provides a process for States to seek an additional extension of the compliance deadline to May 1 1, 2011, by demonstrating material compliance with the core requirements of the Act and this rule. Finally, taking into consideration the operational burdens on State Departments of Motor Vehicles, this rule extends the enrollment time period to allow States determined by DHS to be in compliance with the Act to replace all licenses intended for official purpose with REAL ID-compliant cards by December l, 2014 for people born after December 1,1964, and by December 1,2017 for those born on or before December 1,1964.

DATES: Effective Date: This rule is effective [INSERT 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

Compliance Dates: Extensions: Effective May 11,2008, Federal agencies cannot accept drivers’ licenses or identification cards for official purposes, as defined herein, 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 from DHS. States seeking extensions must submit a request for an extension to DHS no later than [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Effective December 31, 2009, any initial extension will terminate unless a State, no later than October 11, 2009, submits to DHS a request for an additional extension and certification that the State has achieved the benchmarks set forth in Appendix A to part 37. Effective May 11, 2011, drivers’ licenses and identification cards will not be accepted from States that are not in full compliance with the provisions of REAL ID.

Enrollment: Effective December 1,20 14, Federal agencies cannot accept drivers’
licenses or identification cards for official purposes, as defined herein, from any individual born after December 1, 1964, unless DHS has determined that the issuing State is in compliance with Subparts A through D of this rule and the card presented by the individuals meet the standards of this rule. Effective December 1, 2017, Federal agencies
THE RULES:

To see the complete Rules click on the links below. A word of caution. Because the files are quite large it has been necessary to divide this document into two parts:

To see the first part of the Rules (4.2 MB PDF) click here

To see the second part of the Rules (5.6MB PDF) click here

SEE ALSO:

Want to Fly? Get Real ID by Ben Bain.