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DHS/OS | RIN: 1601-AA37 | Publication ID: Fall 2006 |
Title: ●Minimum Standards for Driver's Licenses and Identification Cards Acceptable to Federal Agencies for Official Purposes | |
Abstract: This regulation is designed to implement the REAL ID ACT. The Act prohibits Federal agencies from accepting a drivers license or personal identification card (license) for an official purpose unless it has been issued by a State that has certified to, and been determined by DHS to meet, the requirements of the Act. The Act sets forth minimum document requirements, minimum issuance standards, and other requirements, including: information and security features that must be incorporated into each card; the information that must be provided by an applicant to establish identity and immigration status before a card can be issued; physical security standards for locations where licenses are produced. | |
Agency: Department of Homeland Security(DHS) | Priority: Economically Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: Undetermined |
CFR Citation: 6 CFR 37, et seq (New) (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: Division B--REAL ID Act of 2005 The Emergency Supplemental Appropriations Act for Defense The Global War on Terror and Tsunami Relief, 2005 PL 109-13, 119 Stat 231, 302 (May 11, 2005) (codified at 49 USC 30301 note) |
Legal Deadline:
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Statement of Need: DHS will be initiating a rulemaking action to establish minimum standards for State-issued drivers licenses and identification cards that Federal agencies would accept for official purposes as required under the REAL ID Act of 2005. The REAL ID Act prohibits Federal agencies, effective May 18, 2008, from accepting a drivers license or personal identification card (license) for an official purpose unless it has been issued by a State that has certified to, and been determined by DHS to meet, the requirements of the Act. The Act sets forth minimum document requirements, minimum issuance standards, and other requirements, including the following Information and features that must appear on the face of the license, and inclusion of a common machine readable portion of a drivers license or identification card; Presentation and verification of information an applicant must provide before a license may be issued, including evidence that the applicant is a U.S. citizen or has lawful status in the United States; Physical security of locations where licenses are produced, the security of document materials and papers from which licenses are produced, and the background check of certain employees involved in the manufacture and production of licenses; and Physical security of the licenses to prevent tampering, counterfeiting, and duplication of the documents for a fraudulent purpose. DHS is issuing this rule in consultation with the Department of Transportation, other representatives of the Federal government, and representatives from many States, as required under the Act. |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Federal, Local, State |
Small Entities Affected: Governmental Jurisdictions | Federalism: Undetermined |
Included in the Regulatory Plan: Yes | |
Agency Contact: Darrell Williams Director, REAL ID Department of Homeland Security Office of the Secretary Washington, DC 20528 Phone:202 447-3836 Email: darrell.williams@dhs.gov |