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Real Id Act 2005 2009 Driver S License
   
On May 11, 2005, President Bush signed into law the “REAL ID Act of 2005,” which was attached to the
“Emergency Supplemental Appropriation for Defense, the Global War on Terror, and Tsunami Relief, 2005”
(H.R. 1268, P.L. 109-13). Title II of REAL ID—“Improved Security for Driver’s License’ and Personal
Identification Cards”—repeals the provisions of a December 2004 law that established a cooperative state-
federal process to create federal standards for driver’s licenses and instead directly imposes prescriptive federal
driver’s license standards. The following table summarizes the act’s driver’s license title.
Provisions / Citation
Summary Repeals §7212 of 9/11 Commission Implementation Act of the Intelligence Reform Repeal of 9/11 and Terrorism Prevention Act of 2004 (Public Law 108-458), which directed DOT in Commission consultation with DHS to establish a negotiated rulemaking committee of state and Implementation Act federal officials along with other stakeholders to created federal minimum security DL/ID Provisions standards for DL/IDs §206 • A federal agency may not accept a driver’s license or personal identification Minimum Standards for Federal Use card (DL/ID) after May 11, 2008, unless the state has been certified by the U.S. §202(a) Department of Homeland Security (DHS) in consultation with the U.S. Department of Transportation (DOT) to meet the requirements of the law • The DHS Secretary may grant a state an extension to meet the certification §205(b) requirement if the state provides adequate justification for noncompliance • At a minimum, a state shall include the following information and features on a DL/ID Document Standards DL/ID: (1) person’s full legal name, (2) person’s date of birth, (3) person’s §202(b) gender, (4) DL/ID number, (5) digital photograph, (6), person's address of legal residence, (7) person’s signature, (8) physical security features designed to prevent tampering, counterfeiting or duplication for fraudulent purposes, and (9) a common machine-readable technology with defined data elements • At a minimum, a state shall require the presentation and verification of the Minimum DL/ID Issuance Standards following information: §202(c)(1) (1) A photo identity document (except that a non-photo identity document is acceptable if it includes both the person’s full legal name and date of birth) (2) Documentation showing the person’s date of birth (3) Proof of the person’s social security account number (SSN) or verification that the person is not eligible for an SSN (4) Documentation showing the person’s name and address of principal residence • A state shall not accept any foreign document other than an official passport §202(c)(3)(B) • A state shall subject each DL/ID applicant to mandatory facial image capture §202(d)(3) • A state shall refuse to issue a DL/ID to a person holding a DL/ID from another §202(d)(6) state without confirmation that the person is terminating or has terminated the other state’s DL/ID • A state shall limit the period of validity of all DL/IDs that are not temporarily §202(d)(10) issued to a period that does not exceed eight (8) years • Before issuing a DL/ID, the state shall verify, with the issuing agency, the Verification of Documents issuance, validity and completeness of each document to be presented • A state shall confirm with the Social Security Administration a SSN presented by §202(c)(3)(A) §202(d)(5) a person using the full SSN; in the event a SSN already is registered to or associated with another person to which any state has issued a DL/ID, the state shall resolve the discrepancy and take appropriate action • A state shall establish an effective procedure to confirm or verify a renewing §202(d)(4) applicant’s information
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