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DHS/OS RIN: 1601-AA37 Publication ID: Fall 2007 
Title: Minimum Standards for Driver's Licenses and Identification Cards Acceptable to Federal Agencies for Official Purposes 
Abstract: 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. This rule establishes standards to meet the minimum requirements of the REAL ID Act of 2005, 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 locations where driver's licenses and applicable identification cards are issued. 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
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:
Action Source Description Date
Final  Statutory    05/11/2008 

Statement of Need: • Information and features that must appear on the face of the license, and inclusion of a common machine readable portion of a driver’s 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.

Summary of the Legal Basis: This regulation is needed to assist the Department of Homeland Security in meeting its statutory obligation, under section 202 of the Act, to certify that States are meeting minimum document requirements and issuance standards when issuing driver's licenses and identification cards for official federal purposes.

Anticipated Costs and Benefits: Economic analysis under development.

Timetable:
Action Date FR Cite
NPRM  03/09/2007  72 FR 10820   
NPRM Comment Period End  05/08/2007    
Final Rule  01/00/2008    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: 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