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This final rule also provides a process for States to seek an additional extension of the compliance deadline to May 11, 2011, by demonstrating material compliance with the core requirements of the Act and this rule. Exceptions Processing for Extraordinary Circumstances H. Temporary or Limited-Term Driver's Licenses and Identification Cards I. Section 205(b) of the Act further authorizes the Secretary of Homeland Security to grant extensions of time to meet the minimum standards of the Act when States provide adequate justification for noncompliance. States must ensure the physical security of facilities where driver's licenses and identification cards are produced; and the security of document materials and papers from which driver's licenses and identification cards are produced. This final rule implements the requirements of the Act, but with significant changes from the NPRM as a result of public comment, as discussed below.

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 1, 2014 for people born after December 1, 1964, and by December 1, 2017 for those born on or before December 1, 1964. Minimum Driver's License or Identification Card Data Element Requirements J. Security of DMV Facilities Where Driver's Licenses and Identification Cards are Manufactured and Produced N. The Act does not, however, give DHS the authority to waive any of the mandatory minimum standards set forth in the Act. Section 202(b) of the Act directs that REAL ID-compliant licenses and identification cards must include the following information: (1) The person's full legal name, date of birth, and gender; (2) The person's driver's license or identification card number; (3) A digital photograph of the person; (4) The person's address of principal residence; (5) The person's signature; (6) Physical security features designed to prevent tampering, counterfeiting, or duplication of the driver's licenses and identification cards for fraudulent purposes; and (7) A common machine-readable technology, with defined minimum elements. As discussed above, effective May 11, 2008, Federal agencies are prohibited from accepting for official purposes state-issued driver's licenses or identification cards unless an issuing State certifies, and DHS determines, that it has met the mandatory minimum requirements of Sec. Several States have implemented--or are working to implement--legislation prohibiting their Departments of Motor Vehicles (DMVs) from complying with the requirements of the Act or any related implementing regulations issued by DHS.

Compliance Dates: Extensions: As of May 11, 2008, Federal agencies cannot accept driver's 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. Effective December 1, 2014, Federal agencies will refuse to accept non-REAL ID-compliant driver's licenses from all persons born before December 1, 1964 (i.e. Effective December 1, 2017, anyone seeking to use a State-issued driver's license or identification card for official purpose, including boarding of commercial aircraft, must have a REAL ID-compliant card. Extension of Deadlines Under section 205(b) of the Act, the Secretary of Homeland Security is authorized to grant extensions of the May 11, 2008 compliance date to those States who provide adequate justification for their inability to comply by the statutory deadline.

States seeking extensions must submit a request for an extension to DHS no later than March 31, 2008. On March 1, 2007, the Secretary of Homeland Security announced, in conjunction with the release of the NPRM, that the Department would grant extensions to all States requesting extensions, not to exceed December 31, 2009.

[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)] [Rules and Regulations] [Pages 5271-5340] From the Federal Register Online via the Government Publishing Office [gov] [FR Doc No: 08-140] Page 5271 ----------------------------------------------------------------------- Part II Department of Homeland Security ----------------------------------------------------------------------- 6 CFR Part 37 Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Final Rule Federal Register / Vol. 19 / Tuesday, January 29, 2008 / Rules and Regulations Page 5272 ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 37 [Docket No. At many entry points to vulnerable facilities, including gates for boarding aircraft, sources of identification are the last opportunity to ensure that people are who they say they are and to check whether they are terrorists. Under the Act, Federal agencies are prohibited, effective May 11, 2008, from accepting a driver's license or a State-issued personal identification card for an official purpose unless the issuing State is meeting the requirements of the Act. 201 of the Act to include access to Federal facilities, boarding Federally-regulated commercial aircraft, entry into nuclear power plants, and such other purposes as established by the Secretary of Homeland Security. States also must use a unique design or color indicator so that it is readily apparent to Federal agency personnel that the card is not to be accepted for an official purpose. The proposed requirements included 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 driver's licenses and identification cards are produced.

DHS-2006-0030] RIN 1601-AA37 Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes AGENCY: Office of the Secretary, DHS. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security is establishing 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. Undoubtedly, the most significant impact on the public of this statutory mandate is that, effective May 11, 2008, citizens of States that have not been determined by DHS to be in compliance with the mandatory minimum requirements set forth in the REAL ID Act may not use their State-issued driver's licenses or identification cards to pass through security at airports. Federal agencies, however, cannot accept such driver's licenses and identification cards for an official purpose and States must ensure that such cards or licenses must state on their faces that a Federal agency may not accept it for an official purpose. For additional information, please see the NPRM at 72 FR 10820.

The Material Compliance Checklist is available at DHS' Web site at gov.

Last modified 02-Dec-2017 13:04