Posted On: January 15, 2008 by David Badertscher

Homeland Security: The Real ID Final Rules Are Out

SUMMARY:

4410-10

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.