Press Office
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Frequently Asked Questions
January 10, 2008
Contact: DHS Press Office, (202) 282-8010
REAL ID
What is REAL ID?
REAL ID is a nationwide effort to improve the integrity and security of State-issued driver’s licenses and identification cards, which in turn will help fight terrorism and reduce fraud.
Where did this effort originate?
The 9/11 Commission recommended that the
Why do we need REAL ID?
State-issued driver’s licenses serve many purposes in today’s society, including being the primary identifier for individuals attempting to access a Federal facility, board Federally-regulated commercial aircraft and enter nuclear power plants. Terrorists know this, and actively seek this form of identification. For example, eighteen of the nineteen 9/11 hijackers used driver’s licenses or similar identification to board planes which they used to kill thousands of innocent civilians. Many of these credentials were obtained through fraudulent means..
Additionally, these documents
provided the terrorists with cover to operate freely within the
Will REAL ID reduce identity theft?
Yes. REAL ID will help cut down on identity
theft. The program accomplishes this by
establishing layers of security to ensure that identity documents only go to
the people they actually belong to. This
is achieved through increased security, including: physical security features
on the credential itself; tightening DMV practices and procedures for the
production and issuance of the documents (security plans and background checks
for employees, for example);and verifying the information presented on source
documents presented at the time of application through enhanced verification
systems. REAL ID also mandates
that a State cannot issue a REAL ID license to a person who holds a license
issued by another State or to an individual who already holds a REAL ID card. REAL
ID will make it more difficult to steal other people’s identities and use them
to obtain driver’s licenses.
Nefarious
individuals attempt to obtain multiple licenses or use multiple identities, and
States are challenged in combating these abuses. REAL ID will make it easier
for States to reduce this kind of identity theft and identity fraud. From 2000 to 2006 there was a 791% increase
in identity theft in the
Can States issue REAL IDs to illegal aliens?
No. The Act specifies that States must verify an
applicant’s lawful status in the
How is the public’s usage of Driver’s
Licenses and Identification Cards when interacting with the Federal government
going to change?
In the future, individuals may use a State-issued driver’s license or identification card to board a commercial aircraft, gain access to a federal facility, or enter a nuclear power plant only if it is REAL ID-compliant.
Did DHS consult with the States
in the development of this program?
DHS consulted extensively with the
States to develop the rule. DHS met with
representatives of nearly all State DMVs and visited nearly two dozen States to
tour their DMV operations and discuss implementation of the REAL ID Act. Additionally, this final rule follows a Notice
of Proposed Rule Making (NPRM) published on
What has changed from the proposed rule to the final rule?
DHS reviewed the many public comments submitted and
has taken a balanced approach to effective REAL ID implementation by strengthening
the provisions that have the greatest impact on reducing fraud and improving
the security and integrity of driver’s licenses and identification cards. DHS has also modified the rule to provide
States the flexibility to implement the law’s requirements in a realistic and
effective manner. These changes address
widespread concerns regarding: adequate time for system improvements and
enrollment of driver populations; costs of facility, staff, IT and process
changes; prioritization of cost-effective improvements to increase security and
to reduce the issuance and use of fraudulent credentials; and enhanced privacy
and security of personal information. For
example:
·
State compliance and driver enrollment deadlines have been extended to
give States the additional time necessary to make the investments required to
improve security and enroll persons in REAL ID
·
Age-based enrollment will allow DMVs to better manage the flow of people
into offices
·
Privacy and security protections have been enhanced to protect the
personally identifiable information of individuals and the addresses of certain
classes of individuals
·
The final rule reflects a performance-based approach to REAL ID
implementation, eliminating costly and prescriptive NPRM requirements and
giving States the flexibility to implement solutions that maximize the security
and integrity of State-issued credentials
·
Commenter recommendations that would significantly reduce fraud, improve
security, and protect privacy have been incorporated into the final rule.
Is REAL ID a Federal Mandate?
REAL ID is not a Federal mandate, and States are not required to participate. The REAL ID Act simply establishes minimum standards that States must meet for their driver’s licenses and identification cards to be accepted for official federal purposes like boarding a commercial aircraft or entering a Federal facility.
Is REAL ID a national identification card?
REAL ID is not a national
identification card. States will
continue to issue driver’s licenses and identification cards. Each State will issue its own unique
license. REAL ID sets minimum standards
so that States, federal agencies, and other public organizations can have
confidence in the security and integrity of credentials issued by all other
participating States.
How does the final rule protect the privacy of license holders?
To ensure that an individual’s personally
identifiable information is protected, the final rule prohibits the release and
use of information inconsistent with the Federal Driver’s Privacy Protection Act. Further, States are encouraged to provide even
greater protections via their State laws and regulations. DHS has addressed privacy concerns and
questions by integrating these important considerations throughout the
development of the final rule, and States will be required to submit a Security
Plan that documents, among other things, how the State is protecting personally
identifiable information and data. The
Privacy Impact Assessment for this rule is available on the Internet at www.dhs.gov/privacy.
What if my State does not comply with REAL ID?
If a State chooses not to comply with the provisions of
the final rule, its driver’s licenses and identification cards will no longer
be acceptable for official Federal purposes. Individuals of the non-compliant States can
still present other forms of acceptable identification such as a
What will be the impact on individual citizens of non-compliant States?
Per the REAL ID Act, beginning on May
11, 2008, citizens of States that are not REAL ID compliant may not use their driver’s
licenses or identification cards for official federal purposes such as boarding
federally regulated commercial aircraft or accessing federal or nuclear facilities.
If these citizens do not have other
acceptable forms of identification (e.g., a
Will everybody be
required to get a REAL ID?
No. Neither the REAL ID Act nor this rule will require individuals to obtain a REAL ID.
Will States be granted additional time to comply?
Yes. All States submitting requests will receive
extensions until December 31, 2009. In
addition, States that meet certain benchmarks for the security of their
credentials and licensing and identification processes will be able to obtain a
second extension until May 10, 2011. The
content of these benchmarks are included in the final rule. The benchmarks
include:
·
Presentation
of at least one of the required source documents
·
Verification
of lawful status and Social Security numbers
·
Issuance
of driver’s licenses or identification cards that contain integrated Level 1
(overt), 2 (covert) and 3 (forensic) security features
·
Photographs
of all applicants even if a license or identification card is not issued
·
Reasonable
efforts to ensure that applicants do not have multiple licenses or multiple
identities
Federal agencies will continue to accept licenses for official purposes from those States who have been granted extensions.
When will participating States be required to be
fully compliant?
States that meet the interim benchmarks of Material Compliance will have until May 10, 2011 to comply with the provisions of the REAL ID Act. Federal agencies will continue to accept licenses for official purposes from those States who have been granted extensions.
States have voiced concerns that they do not have the funds necessary to implement REAL ID. How does DHS expect States to pay for REAL ID?
The issuance of driver’s
licenses and identification cards is a State function, whose costs will
continue to be born primarily by each State.
Neither the REAL ID Act nor this rule alters this responsibility. That said, DHS recognizes that States will
incur significant costs in implementing REAL ID, and has sought to reduce the anticipated
financial impact in several ways.
First, the final rule addresses significant issues presented by those who submitted comments to the NPRM, including the need for additional time and flexibility in how the final rule is implemented. Additionally, many States have already made investments in more secure processes, which mirror in many instances the requirements outlined in the rule. These factors have substantially reduced estimated hard costs to States from $14.6 billion in the NPRM to approximately $4 billion in the final rule. DHS is also implementing an age-based enrollment approach. This allows States to focus the first phase of enrollment on those persons who may present a higher risk of obtaining and using fraudulent identification, while allowing other individuals to be phased in later. Phased-in enrollment eases the burden on States to re-enroll their entire driving license and identification card population by providing additional time to accommodate the re-enrollment process. This is expected to dramatically reduce the cost by billions so States will be able to implement REAL ID without the burden of having to hire additional personnel and build new facilities.
Second, DHS has committed to funding the development of a verification system hub that will support the data and document verification requirements of the Act. This system will greatly reduce the costs of verifying applicant data while protecting the personal information of individuals.
What grant funding is available for REAL ID implementation?
In total, there are three REAL ID
grant initiatives offered by DHS to assist with REAL ID implementation. The first grant opportunity awarded $3
million in FY06 to
DHS has also issued grant guidance for two additional REAL ID grant initiatives: the FY 2008 REAL ID Vital Events Verification State Project and FY 2008 REAL ID Demonstration Grant Program.
1.
REAL ID Vital Events Verification State Project
Grant – DHS will award $4 million to Kentucky to help link all States with
the ability to verify the information contained on in-State and out-of-State
birth certificates.
2. REAL ID Demonstration Grants – DHS will also competitively award $31.3 million to facilitate the implementation of the REAL ID Act through innovative proposals that provide improvements and enhance capabilities for States to move towards REAL ID compliance.
In addition, DHS will allow States to use up to 20% of its State Homeland Security Grant Program funds for REAL ID.
Finally,
the recently-signed Omnibus spending bill for FY2008 appropriated an additional
$50 million in REAL ID grants to States.
DHS is currently assessing ways of using these funds to assist States in
meeting the requirements of the Act.
Why is DHS taking an age-based approach to enrolling
drivers in the REAL ID program?
Some commenters
proposed that DHS conduct a risk-based assessment based on age in order to
decrease costs and lessen the impact on lines at the DMV. DHS analyzed the data and concluded that the
commenters were right. Therefore, the
final rule focuses on enrolling driving populations that may pose more risk of
having or using a fraudulent ID. As a
result, persons born on or after December 1, 1964, will have to obtain a REAL
ID by December 1, 2014 while those born before December 1, 1964, will have
until December 1, 2017. This substantially reduces costs and congestion at the
DMV by spreading out the enrollment period over a greater period of time.
What do DMVs need to do to check documents establishing a person’s identity?
All source documents presented by the applicant when applying for a REAL ID document must be verified with the issuing agency. DHS has identified appropriate methods for verifying information presented to the DMVs to demonstrate identity, lawful status, date of birth and Social Security number with the issuing agency. DHS is also assisting States in the development of a verification system hub that would make it easier and much less costly for States to verify the information on source documents with the issuing agency and check with other States to ensure that persons do not have multiple drivers’ licenses.
How long will a REAL ID license be valid for?
Individual States will continue to set the length of validity of their driver’s licenses and identification cards, up to a maximum validity period of eight years.
Can States continue to accept remote renewals?
Yes. States may continue to allow remote renewals for driver’s licenses and identification cards, subject to the requirements of the final rule.
What about
A State may use its exceptions
process to establish lawful presence for
Will a national database be
created that stores information about every applicant?
No. REAL ID does not establish a national database of driver information. The Federal government will not collect information about driver’s license and identification card holders pursuant to REAL ID. States will continue to manage and operate databases for driver’s license and identification card issuance.
Who will have routine access to the information that the DMVs collect?
As they do now, only authorized DMV officials and law enforcement in the licensing State will have access to DMV records. Licensing authorities will be able to verify that an individual holds only one REAL ID document, and is not attempting to obtain multiple documents from multiple States. Neither the REAL ID Act nor this final rule creates greater access to State DMV records by the Federal government than already exists under current statutes for law enforcement purposes.
Will REAL ID change how my license looks? What type of information will be required to
appear on the card?
The final rule
does not specify designs or layouts of State-issued licenses and States will continue
to have flexibility in determining the security features on their cards. The final rule does detail the minimum data
elements that must be included on the face of the card. However, States already include all or almost
all of these data elements on their cards.
Additionally,
temporary REAL IDs need to clearly state that they are temporary, and non-REAL
IDs issued by compliant States need to clearly state on their face that they
are not acceptable for official federal purposes.
Finally, REAL
IDs will include a security marking that denotes the document’s compliance
level.
What if religious beliefs preclude me from getting my
photo taken for a REAL ID driver’s license?
Can I still get one?
No. The digital photograph requirement is explicit
in the law. States can issue non-REAL ID
licenses to those individuals who have a religious objection to having their
photo taken. However they cannot use
their non-REAL ID licenses for official purposes.
Does the final rule require States to collect fingerprints or iris images from drivers? What about RFID technology?
No. REAL ID does not require any biometrics beyond the photograph and signature already required by States and does not require Radio Frequency Identification (RFID) technology.
What is the Machine Readable Technology required, as outlined in the final
rule?
The final rule requires a 2-D PDF-417
Machine Readable Zone (MRZ), which is already used by 46 jurisdictions (45
States and the
What is the difference
between a REAL ID and an enhanced driver’s license (EDL)?
The EDL will serve as a limited use international travel document that will contain a vicinity Radio Frequency Identification (RFID) chip and a MRZ used to facilitate border crossing and verification by Customs and Border Protection at a land and sea port of entry.
DHS has worked to align REAL ID and
EDL requirements. Now that the REAL ID
final rulemaking has been published, DHS will ensure that State-issued EDLs
meet REAL ID compliance benchmarks over time.
However, there are some key distinctions between the two programs that
should be noted. While the REAL ID
requires proof of lawful status in the
An EDL will also include an international document standard MRZ to allow CBP officers to read the card electronically if RFID is not available. The EDL MRZ is different from the REAL ID 2-D PDF-417 MRZ which used by State and local law enforcement officials.
For additional information on Enhanced Driver’s Licenses, please see the EDL Fact Sheet posted on the DHS website at http://www.dhs.gov/xnews/releases/pr_1196872524298.shtm.