6 CFR Part 37

Office of the Secretary, DHS

§ 37.1

law, any information protected from
disclosure by the CII Act coming to the
officer or employee in the course of his
or her employment or official duties or
by reason of any examination or investigation made by, or return, report, or
record made to or filed with, such department or agency or officer or employee thereof, shall be fined under
title 18 of the United States Code, imprisoned not more than one year, or
both, and shall be removed from office
or employment.
(2) In addition to the penalties set
forth in paragraph (d)(1) of this section,
if the PCII Program Manager determines that an entity or person who has
received PCII has violated the provisions of this part or used PCII for an
inappropriate purpose, the PCII Program Manager may disqualify that entity or person from future receipt of
any PCII or future receipt of any sensitive homeland security information
under section 892 of the Homeland Security Act, provided, however, that any
such decision by the PCII Program
Manager may be appealed to the Office
of the Under Secretary for Preparedness.

PART 37—REAL ID DRIVER’S LICENSES AND IDENTIFICATION
CARDS
Subpart A—General

37.25 Renewal of REAL ID driver’s licenses
and identification cards.
37.27 Driver’s licenses and identification
cards issued during the age-based enrollment period.
37.29 Prohibition against holding more than
one REAL ID card or more than one driver’s license.

Subpart C—Other Requirements
37.31
37.33

Source document retention.
DMV databases.

Subpart D—Security at DMVs and Driver’s
License and Identification Card Production Facilities
37.41 Security plan.
37.43 Physical security of DMV production
facilities.
37.45 Background checks for covered employees.

Subpart E—Procedures for Determining
State Compliance
37.51 Compliance—general requirements.
37.55 State certification documentation.
37.59 DHS reviews of State compliance.
37.61 Results of compliance determination.
37.63 Extension of deadline.
37.65 Effect of failure to comply with this
Part.

Subpart F—Driver’s Licenses and Identification Cards Issued Under section
202(d)(11) of the REAL ID Act
37.71 Driver’s licenses and identification
cards issued under section 202(d)(11) of
the REAL ID Act.

Sec.
37.1 Applicability.
37.3 Definitions.
37.5 Validity periods and deadlines for
REAL ID driver’s licenses and identification cards.

AUTHORITY: 49 U.S.C. 30301 note; 6 U.S.C.
111, 112.

Subpart
B—Minimum
Documentation,
Verification, and Card Issuance Requirements

§ 37.1 Applicability.
(a) Subparts A through E of this part
apply to States and U.S. territories
that choose to issue driver’s licenses
and identification cards that can be accepted by Federal agencies for official
purposes.
(b) Subpart F establishes certain
standards for State-issued driver’s licenses and identification cards issued
by States that participate in REAL ID,
but that are not intended to be accepted by Federal agencies for official purpose under section 202(d)(11) of the
REAL ID Act.

37.11 Application and documents the applicant must provide.
37.13 Document verification requirements.
37.15 Physical security features for the driver’s license or identification card.
37.17 Requirements for the surface of the
driver’s license or identification card.
37.19 Machine readable technology on the
driver’s license or identification card.
37.21 Temporary or limited-term driver’s licenses and identification cards.
37.23 Reissued REAL ID driver’s licenses
and identification cards.

SOURCE: 73 FR 5331, Jan. 29, 2008, unless
otherwise noted.

Subpart A—General

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§ 37.3
§ 37.3

6 CFR Ch. I (1–1–12 Edition)
Definitions.

For purposes of this part:
Birth certificate means the record related to a birth that is permanently
stored either electronically or physically at the State Office of Vital Statistics or equivalent agency in a registrant’s State of birth.
Card means either a driver’s license
or identification card issued by the
State Department of Motor Vehicles
(DMV) or equivalent State office.
Certification means an assertion by
the State to the Department of Homeland Security that the State has met
the requirements of this Part.
Certified copy of a birth certificate
means a copy of the whole or part of a
birth certificate registered with the
State that the State considers to be
the same as the original birth certificate on file with the State Office of
Vital Statistics or equivalent agency
in a registrant’s State of birth.
Covered employees means Department
of Motor Vehicles employees or contractors who are involved in the manufacture or production of REAL ID driver’s licenses and identification cards,
or who have the ability to affect the
identity information that appears on
the driver’s license or identification
card.
Data verification means checking the
validity of data contained in source
documents presented under this regulation.
DHS means the U.S. Department of
Homeland Security.
DMV means the Department of Motor
Vehicles or any State Government entity that issues driver’s licenses and
identification cards, or an office with
equivalent function for issuing driver’s
licenses and identification cards.
Determination means a decision by
the Department of Homeland Security
that a State has or has not met the requirements of this part and that Federal agencies may or may not accept
the driver’s licenses and identification
cards issued by the State for official
purposes.
Digital photograph means a digital
image of the face of the holder of the
driver’s license or identification card.
Document authentication means determining that the source document pre-

sented under these regulations is genuine and has not been altered.
Domestic violence and dating violence
have the meanings given the terms in
section 3, Universal definitions and
grant provisions, of the Violence
Against Women and Department of
Justice Reauthorization Act of 2005
(Pub. L. 109–162, 119 Stat. 2960, 2964,
Jan. 5, 2006); codified at section 40002,
Definitions and grant provisions, 42
U.S.C. 13925, or State laws addressing
domestic and dating violence.
Driver’s license means a motor vehicle
operator’s license, as defined in 49
U.S.C. 30301.
Duplicate means a driver’s license or
identification card issued subsequent
to the original document that bears
the same information and expiration
date as the original document and that
is reissued at the request of the holder
when the original is lost, stolen, or
damaged and there has been no material change in information since prior
issuance.
Federal agency means all executive
agencies including Executive departments, a Government corporation, and
an independent establishment as defined in 5 U.S.C. 105.
Federally-regulated commercial aircraft
means a commercial aircraft regulated
by the Transportation Security Administration (TSA).
Full compliance means that the Secretary or his designate(s) has determined that a State has met all the requirements of Subparts A through E.
Full legal name means an individual’s
first name, middle name(s), and last
name or surname, without use of initials or nicknames.
IAFIS means the Integrated Automated Fingerprint Identification System, a national fingerprint and criminal history system maintained by the
Federal Bureau of Investigation (FBI)
that provides automated fingerprint
search capabilities.
Identification card means a document
made or issued by or under the authority of a State Department of Motor Vehicles or State office with equivalent
function which, when completed with
information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.

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Office of the Secretary, DHS

§ 37.3

INS means the former-Immigration
and Naturalization Service of the U.S.
Department of Justice.
Lawful status: A person in lawful status is a citizen or national of the
United States; or an alien: lawfully admitted for permanent or temporary
residence in the United States; with
conditional permanent resident status
in the United States; who has an approved application for asylum in the
United States or has entered into the
United States in refugee status; who
has a valid nonimmigrant status in the
United States; who has a pending application for asylum in the United States;
who has a pending or approved application for temporary protected status
(TPS) in the United States; who has
approved deferred action status; or who
has a pending application for lawful
permanent residence (LPR) or conditional permanent resident status. This
definition does not affect other definitions or requirements that may be contained in the Immigration and Nationality Act or other laws.
Material change means any change to
the personally identifiable information
of an individual as defined under this
part. Notwithstanding the definition of
personally identifiable information
below, a change of address of principal
residence does not constitute a material change.
Material compliance means a determination by DHS that a State has met
the benchmarks contained in the Material Compliance Checklist.
NCIC means the National Crime Information Center, a computerized
index of criminal justice information
maintained by the Federal Bureau of
Investigation (FBI) that is available to
Federal, State, and local law enforcement and other criminal justice agencies.
Official purpose means accessing Federal facilities, boarding Federally-regulated commercial aircraft, and entering nuclear power plants.
Passport means a passport booklet or
card issued by the U.S. Department of
State that can be used as a travel document to gain entry into the United
States and that denotes identity and
citizenship as determined by the U.S.
Department of State.

Personally
identifiable
information
means any information which can be
used to distinguish or trace an individual’s identity, such as their name; driver’s license or identification card number; social security number; biometric
record, including a digital photograph
or signature; alone, or when combined
with other personal or identifying information, which is linked or linkable
to a specific individual, such as a date
and place of birth or address, whether
it is stored in a database, on a driver’s
license or identification card, or in the
machine readable technology on a license or identification card.
Principal residence means the location
where a person currently resides (i.e.,
presently resides even if at a temporary address) in conformance with
the residency requirements of the
State issuing the driver’s license or
identification card, if such requirements exist.
REAL ID Driver’s License or Identification Card means a driver’s license or
identification card that has been issued
by a State that has been certified by
DHS to be in compliance with the requirements of the REAL ID Act and
which meets the standards of subparts
A through D of this part, including
temporary or limited-term driver’s licenses or identification cards issued
under § 37.21.
Reissued card means a card that a
State DMV issues to replace a card
that has been lost, stolen or damaged,
or to replace a card that includes outdated information. A card may not be
reissued remotely when there is a material change to the personally identifiable information as defined by the
Rule.
Renewed card means a driver’s license
or identification card that a State
DMV issues to replace a renewable
driver’s license or identification card.
SAVE means the DHS Systematic
Alien Verification for Entitlements
system, or such successor or alternate
verification system at the Secretary’s
discretion.
Secretary means the Secretary of
Homeland Security.
Sexual assault and stalking have the
meanings given the terms in section 3,
universal definitions and grant provisions, of the Violence Against Women

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§ 37.5

6 CFR Ch. I (1–1–12 Edition)

and Department of Justice Reauthorization Act of 2005 (Pub. L. 109–162, 119
Stat. 2960, 2964, Jan. 5, 2006); codified at
section 40002, Definitions and grant
provisions, 42 U.S.C. 13925, or State
laws addressing sexual assault and
stalking.
Source document(s) means original or
certified copies (where applicable) of
documents presented by an applicant
as required under these regulations to
the Department of Motor Vehicles to
apply for a driver’s license or identification card.
State means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands.
State address confidentiality program
means any State-authorized or Stateadministered program that—
(1) Allows victims of domestic violence, dating violence, sexual assault,
stalking, or a severe form of trafficking to keep, obtain, and use alternative addresses; or
(2) Provides confidential record-keeping regarding the addresses of such victims or other categories of persons.
Temporary lawful status: A person in
temporary lawful status is a person
who: has a valid nonimmigrant status
in the United States; has a pending application for asylum in the United
States; has a pending or approved application for temporary protected status (TPS) in the United States; has approved deferred action status; or has a
pending application for LPR or conditional permanent resident status.
Verify means procedures to ensure
that:
(1) The source document is genuine
and has not been altered (i.e., ‘‘document authentication’’); and
(2) The identity data contained on
the
document
is
valid
(‘‘data
verification’’).
§ 37.5 Validity periods and deadlines
for REAL ID driver’s licenses and
identification cards.
(a) Driver’s licenses and identification cards issued under this part, that
are not temporary or limited-term
driver’s licenses and identification
cards, are valid for a period not to ex-

ceed eight years. A card may be valid
for a shorter period based on other
State or Federal requirements.
(b) On or after December 1, 2014, Federal agencies shall not accept a driver’s
license or identification card for official purposes from individuals born
after December 1, 1964, unless such license or card is a REAL ID-compliant
driver’s license or identification card
issued by a State that has been determined by DHS to be in full compliance
as defined under this subpart.
(c) On or after December 1, 2017, Federal agencies shall not accept a driver’s
license or identification card for official purposes from any individual unless such license or card is a REAL IDcompliant driver’s license or identification card issued by a State that has
been determined by DHS to be in full
compliance as defined under this subpart.
(d) Federal agencies cannot accept
for official purpose driver’s licenses
and identification cards issued under
§ 37.71 of this rule.

Subpart B—Minimum Documentation, Verification, and Card
Issuance Requirements
§ 37.11 Application and documents the
applicant must provide.
(a) The State must subject each person applying for a REAL ID driver’s license or identification card to a mandatory facial image capture, and shall
maintain photographs of individuals
even if no card is issued. The photographs must be stored in a format in
accordance with § 37.31 as follows:
(1) If no card is issued, for a minimum period of five years.
(2) If a card is issued, for a period of
at least two years beyond the expiration date of the card.
(b) Declaration. Each applicant must
sign a declaration under penalty of perjury that the information presented on
the application is true and correct, and
the State must retain this declaration.
An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits.
(c) Identity. (1) To establish identity,
the applicant must present at least one
of the following source documents:

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Office of the Secretary, DHS

§ 37.11

(i) Valid, unexpired U.S. passport.
(ii) Certified copy of a birth certificate filed with a State Office of Vital
Statistics or equivalent agency in the
individual’s State of birth.
(iii) Consular Report of Birth Abroad
(CRBA) issued by the U.S. Department
of State, Form FS–240, DS–1350 or FS–
545.
(iv) Valid, unexpired Permanent
Resident Card (Form I–551) issued by
DHS or INS.
(v) Unexpired employment authorization document (EAD) issued by DHS,
Form I–766 or Form I–688B.
(vi) Unexpired foreign passport with
a valid, unexpired U.S. visa affixed accompanied by the approved I–94 form
documenting the applicant’s most recent admittance into the United
States.
(vii) Certificate of Naturalization
issued by DHS, Form N–550 or Form N–
570.
(viii) Certificate of Citizenship, Form
N–560 or Form N–561, issued by DHS.
(ix) REAL ID driver’s license or identification card issued in compliance
with the standards established by this
part.
(x) Such other documents as DHS
may designate by notice published in
the FEDERAL REGISTER.
(2) Where a State permits an applicant to establish a name other than
the name that appears on a source document (for example, through marriage,
adoption, court order, or other mechanism permitted by State law or regulation), the State shall require evidence
of the name change through the presentation of documents issued by a
court, governmental body or other entity as determined by the State. The
State shall maintain copies of the documentation presented pursuant to
§ 37.31, and maintain a record of both
the recorded name and the name on the
source documents in a manner to be determined by the State and in conformity with § 37.31.
(d) Date of birth. To establish date of
birth, an individual must present at
least one document included in paragraph (c) of this section.
(e) Social security number (SSN). (1)
Except as provided in paragraph (e)(3)
of this section, individuals presenting
the identity documents listed in

§ 37.11(c)(1) and (2) must present his or
her Social Security Administration account number card; or, if a Social Security Administration account card is
not available, the person may present
any of the following documents bearing
the applicant’s SSN:
(i) A W–2 form,
(ii) A SSA–1099 form,
(iii) A non-SSA–1099 form, or
(iv) A pay stub with the applicant’s
name and SSN on it.
(2) The State DMV must verify the
SSN pursuant to § 37.13(b)(2) of this
subpart.
(3) Individuals presenting the identity document listed in § 37.11(c)(1)(vi)
must present an SSN or demonstrate
non-work authorized status.
(f) Documents demonstrating address of
principal residence. To document the address of principal residence, a person
must present at least two documents of
the State’s choice that include the individual’s name and principal residence. A street address is required except as provided in § 37.17(f) of this
part.
(g) Evidence of lawful status in the
United States. A DMV may issue a
REAL ID driver’s license or identification card only to a person who has presented satisfactory evidence of lawful
status.
(1) If the applicant presents one of
the documents listed under paragraphs
(c)(1)(i), (c)(1)(ii), (c)(1)(iii), (c)(1)(iv),
(c)(1)(vii) or (c)(1)(viii) of this section,
the issuing State’s verification of the
applicant’s identity in the manner prescribed in § 37.13 will also provide satisfactory evidence of lawful status.
(2) If the applicant presents one of
the identity documents listed under
paragraphs (c)(1)(v) or (c)(1)(vi), or
(c)(1)(ix) of this section, the issuing
State’s verification of the identity document(s) does not provide satisfactory
evidence of lawful status. The applicant must also present a second document from § 37.11(g)(1) or documentation issued by DHS or other Federal
agencies demonstrating lawful status
as determined by USCIS. All documents shall be verified in the manner
prescribed in § 37.13.
(h) Exceptions Process. A State DMV
may choose to establish a written, defined exceptions process for persons

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§ 37.13

6 CFR Ch. I (1–1–12 Edition)

who, for reasons beyond their control,
are unable to present all necessary documents and must rely on alternate documents to establish identity or date of
birth. Alternative documents to demonstrate lawful status will only be allowed to demonstrate U.S. citizenship.
(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of
alternate documents each time they
are presented and indicate that an exceptions process was used in the applicant’s record.
(2) The State shall retain copies or
images of the alternate documents accepted pursuant to § 37.31 of this part.
(3) The State shall conduct a review
of the use of the exceptions process,
and pursuant to subpart E of this part,
prepare and submit a report with a
copy of the exceptions process as part
of the certification documentation detailed in § 37.55.
(i) States are not required to comply
with these requirements when issuing
REAL ID driver’s licenses or identification cards in support of Federal, State,
or local criminal justice agencies or
other programs that require special licensing or identification to safeguard
persons or in support of their other official duties. As directed by appropriate officials of these Federal, State,
or local agencies, States should take
sufficient steps to safeguard the identities of such persons. Driver’s licenses
and identification cards issued in support of Federal, State, or local criminal justice agencies or programs that
require special licensing or identification to safeguard persons or in support
of their other official duties shall not
be distinguishable from other REAL ID
licenses or identification cards issued
by the State.
§ 37.13 Document verification requirements.
(a) States shall make reasonable efforts to ensure that the applicant does
not have more than one driver’s license
or identification card already issued by
that State under a different identity.
In States where an individual is permitted to hold both a driver’s license
and identification card, the State shall
ensure that the individual has not been
issued identification documents in

multiple or different names. States
shall also comply with the provisions
of § 37.29 before issuing a driver’s license or identification card.
(b) States must verify the documents
and information required under § 37.11
with the issuer of the document. States
shall use systems for electronic validation of document and identity data as
they become available or use alternative methods approved by DHS.
(1) States shall verify any document
described in § 37.11(c) or (g) and issued
by DHS (including, but not limited to,
the I–94 form described in § 37.11(c)(vi))
through
the
Systematic
Alien
Verification for Entitlements (SAVE)
system or alternate methods approved
by DHS, except that if two DHS-issued
documents are presented, a SAVE
verification of one document that confirms lawful status does not need to be
repeated for the second document. In
the event of a non-match, the DMV
must not issue a REAL ID driver’s license or identification card to an applicant, and must refer the individual to
U.S. Citizenship and Immigration Services for resolution.
(2) States must verify SSNs with the
Social Security Administration (SSA)
or through another method approved
by DHS. In the event of a non-match
with SSA, a State may use existing
procedures to resolve non-matches. If
the State is unable to resolve the nonmatch, and the use of an exceptions
process is not warranted in the situation, the DMV must not issue a REAL
ID driver’s license or identification
card to an applicant until the information verifies with SSA.
(3) States must verify birth certificates presented by applicants. States
should use the Electronic Verification
of Vital Events (EVVE) system or
other electronic systems whenever the
records are available. If the document
does not appear authentic upon inspection or the data does not match and
the use of an exceptions process is not
warranted in the situation, the State
must not issue a REAL ID driver’s license or identification card to the applicant until the information verifies,
and should refer the individual to the
issuing office for resolution.
(4) States shall verify documents
issued by the Department of State with

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Office of the Secretary, DHS

§ 37.17

the Department of State or through
methods approved by DHS.
(5) States must verify REAL ID driver’s licenses and identification cards
with the State of issuance.
(6) Nothing in this section precludes
a State from issuing an interim license
or a license issued under § 37.71 that
will not be accepted for official purposes to allow the individual to resolve
any non-match.
§ 37.15 Physical security features for
the driver’s license or identification
card.
(a) General. States must include document security features on REAL ID
driver’s licenses and identification
cards designed to deter forgery and
counterfeiting, promote an adequate
level of confidence in the authenticity
of cards, and facilitate detection of
fraudulent cards in accordance with
this section.
(1) These features must not be capable of being reproduced using technologies that are commonly used and
made available to the general public.
(2) The proposed card solution must
contain a well-designed, balanced set of
features that are effectively combined
and provide multiple layers of security.
States must describe these document
security features in their security
plans pursuant to § 37.41.
(b) Integrated security features. REAL
ID driver’s licenses and identification
cards must contain at least three levels
of integrated security features that
provide the maximum resistance to
persons’ efforts to—
(1) Counterfeit, alter, simulate, or reproduce a genuine document;
(2) Alter, delete, modify, mask, or
tamper with data concerning the original or lawful card holder;
(3) Substitute or alter the original or
lawful card holder’s photograph and/or
signature by any means; and
(4) Create a fraudulent document
using components from legitimate
driver’s licenses or identification
cards.
(c) Security features to detect false
cards. States must employ security features to detect false cards for each of
the following three levels:
(1) Level 1. Cursory examination,
without tools or aids involving easily

identifiable visual or tactile features,
for rapid inspection at point of usage.
(2) Level 2. Examination by trained
inspectors with simple equipment.
(3) Level 3. Inspection by forensic specialists.
(d) Document security and integrity.
States must conduct a review of their
card design and submit a report to DHS
with their certification that indicates
the ability of the design to resist compromise and document fraud attempts.
The report required by this paragraph
is SSI and must be handled and protected in accordance with 49 CFR part
1520. Reports must be updated and submitted to DHS whenever a security feature is modified, added, or deleted.
After reviewing the report, DHS may
require a State to provide DHS with
examination results from a recognized
independent laboratory experienced
with adversarial analysis of identification documents concerning one or more
areas relating to the card’s security.
§ 37.17 Requirements for the surface of
the driver’s license or identification
card.
To be accepted by a Federal agency
for official purposes, REAL ID driver’s
licenses and identification cards must
include on the front of the card (unless
otherwise specified below) the following information:
(a) Full legal name. Except as permitted in § 37.11(c)(2), the name on the
face of the license or card must be the
same as the name on the source document presented by the applicant to establish identity. Where the individual
has only one name, that name should
be entered in the last name or family
name field, and the first and middle
name fields should be left blank. Place
holders such as NFN, NMN, and NA
should not be used.
(b) Date of birth.
(c) Gender, as determined by the
State.
(d) Unique Driver’s license or identification card number. This cannot be the individual’s SSN, and must be unique
across driver’s license or identification
cards within the State.
(e) Full facial digital photograph. A
full facial photograph must be taken
pursuant to the standards set forth
below:

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§ 37.17

6 CFR Ch. I (1–1–12 Edition)

(1) States shall follow specifically
ISO/IEC 19794–5:2005(E) Information
technology—Biometric
Data
Interchange Formats—Part 5: Face Image
Data. The Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may obtain a copy of these incorporated
standards from http://www.ansi.org, or
by contacting ANSI at ANSI, 25 West
43rd Street, 4th Floor, New York, New
York 10036. You may inspect a copy of
the incorporated standard at the Department of Homeland Security, 1621
Kent Street, 9th Floor, Rosslyn, VA
(please call 703–235–0709 to make an appointment) or at the National Archives
and Records Administration (NARA).
For information on the availability of
material at NARA, call 202–741–6030, or
go to www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
These standards include:
(i) Lighting shall be equally distributed on the face.
(ii) The face from crown to the base
of the chin, and from ear-to-ear, shall
be clearly visible and free of shadows.
(iii) Veils, scarves or headdresses
must not obscure any facial features
and not generate shadow. The person
may not wear eyewear that obstructs
the iris or pupil of the eyes and must
not take any action to obstruct a photograph of their facial features.
(iv) Where possible, there must be no
dark shadows in the eye-sockets due to
the brow. The iris and pupil of the eyes
shall be clearly visible.
(v) Care shall be taken to avoid ‘‘hot
spots’’ (bright areas of light shining on
the face).
(2) Photographs may be in black and
white or color.
(f) Address of principal residence, except an alternative address may be displayed for:
(1) Individuals for whom a State law,
regulation, or DMV procedure permits
display of an alternative address, or
(2) Individuals who satisfy any of the
following:
(i) If the individual is enrolled in a
State address confidentiality program
which allows victims of domestic violence, dating violence, sexual assault,
stalking, or a severe form of traf-

ficking, to keep, obtain, and use alternative addresses; and provides that the
addresses of such persons must be kept
confidential, or other similar program;
(ii) If the individual’s address is entitled to be suppressed under State or
Federal law or suppressed by a court
order including an administrative
order issued by a State or Federal
court; or
(iii) If the individual is protected
from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
(3) In areas where a number and
street name has not been assigned for
U.S. mail delivery, an address convention used by the U.S. Postal Service is
acceptable.
(g) Signature. (1) The card must include the signature of the card holder.
The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005
AAMVA Driver’s License/Identification
Card Design Specifications, Annex A,
section A.7.7.2. This standard includes
requirements for size, scaling, cropping, color, borders, and resolution.
The Director of the Federal Register
approves this incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may obtain a copy of these standards from
AAMVA
on-line
at
http://
www.aamva.org,
or
by
contacting
AAMVA at 4301 Wilson Boulevard,
Suite 400, Arlington, VA 22203. You
may inspect a copy of these incorporated standards at the Department
of Homeland Security, 1621 Kent
Street, 9th Floor, Rosslyn, VA (please
call 703–235–0709 to make an appointment) or at the National Archives and
Records Administration (NARA). For
information on the availability of material at NARA, call 202–741–6030, or go
to
http://www.archives.gov/
federallregister/
codeloflfederallregulations/
ibrllocations.html.
(2) The State shall establish alternative procedures for individuals unable to sign their name.
(h) Physical security features, pursuant
to § 37.15 of this subpart.

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Office of the Secretary, DHS

§ 37.21

(i) Machine-readable technology on the
back of the card, pursuant to § 37.19 of
this subpart.
(j) Date of transaction.
(k) Expiration date.
(l) State or territory of issuance.
(m) Printed information. The name,
date of birth, gender, card number,
issue date, expiration date, and address
on the face of the card must be in
Latin alpha-numeric characters. The
name must contain a field of no less
than a total of 39 characters, and
longer names shall be truncated following the standard established by
International Civil Aviation Organization (ICAO) 9303, ‘‘Machine Readable
Travel Documents,’’ Volume 1, part 1,
Sixth Edition, 2006. The Director of the
Federal Register approves this incorporation by reference in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. You
may obtain a copy of ICAO 9303 from
the ICAO, Document Sales Unit, 999
University Street, Montreal, Quebec,
Canada H3C 5H7, e-mail: sales@icao.int.
You may inspect a copy of the incorporated standard at the Department of
Homeland Security, 1621 Kent Street,
9th Floor, Rosslyn, VA (please call 703–
235–0709 to make an appointment) or at
the National Archives and Records Administration (NARA). For information
on the availability of material at
NARA, call 202–741–6030, or go to http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
(n) The card shall bear a DHS-approved security marking on each driver’s license or identification card that
is issued reflecting the card’s level of
compliance as set forth in § 37.51 of this
Rule.
§ 37.19 Machine readable technology
on the driver’s license or identification card.
For the machine readable portion of
the REAL ID driver’s license or identification card, States must use the ISO/
IEC 15438:2006(E) Information Technology—Automatic identification and
data capture techniques—PDF417 symbology specification. The Director of
the Federal Register approves this incorporation by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
You may obtain a copy of these incor-

porated
standards
at
http://
www.ansi.org, or by contacting ANSI at
ANSI, 25 West 43rd Street, 4th Floor,
New York, New York 10036. You may
inspect a copy of the incorporated
standard at the Department of Homeland Security, 1621 Kent Street, 9th
Floor, Rosslyn, VA (please call 703–235–
0709 to make an appointment) or at the
National Archives and Records Administration (NARA). For information on
the availability of material at NARA,
call 202–741–6030, or go to http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html. The PDF417 bar code
standard must have the following defined minimum data elements:
(a) Expiration date.
(b) Full legal name, unless the State
permits an applicant to establish a
name other than the name that appears on a source document, pursuant
to § 37.11(c)(2).
(c) Date of transaction.
(d) Date of birth.
(e) Gender.
(f) Address as listed on the card pursuant to § 37.17(f).
(g) Unique driver’s license or identification card number.
(h) Card design revision date, indicating the most recent change or modification to the visible format of the
driver’s license or identification card.
(i) Inventory control number of the
physical document.
(j) State or territory of issuance.
§ 37.21 Temporary
or
limited-term
driver’s licenses and identification
cards.
States may only issue a temporary or
limited-term REAL ID driver’s license
or identification card to an individual
who has temporary lawful status in the
United States.
(a) States must require, before
issuing a temporary or limited-term
driver’s license or identification card
to a person, valid documentary evidence, verifiable through SAVE or
other DHS-approved means, that the
person has lawful status in the United
States.
(b) States shall not issue a temporary
or limited-term driver’s license or
identification card pursuant to this
section:

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§ 37.23

6 CFR Ch. I (1–1–12 Edition)

(1) For a time period longer than the
expiration of the applicant’s authorized
stay in the United States, or, if there is
no expiration date, for a period longer
than one year; and
(2) For longer than the State’s maximum driver’s license or identification
card term.
(c) States shall renew a temporary or
limited-term driver’s license or identification card pursuant to this section
and § 37.25(b)(2), only if:
(1) the individual presents valid documentary evidence that the status by
which the applicant qualified for the
temporary or limited-term driver’s license or identification card is still in
effect, or
(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status
under paragraph (a) of this section.
(d) States must verify the information presented to establish lawful status through SAVE, or another method
approved by DHS.
(e) Temporary or limited-term driver’s licenses and identification cards
must clearly indicate on the face of the
license and in the machine readable
zone that the license or card is a temporary or limited-term driver’s license
or identification card.
§ 37.23 Reissued REAL ID driver’s licenses and identification cards.
(a) State procedure. States must establish an effective procedure to confirm or verify an applicant’s identity
each time a REAL ID driver’s license
or identification card is reissued, to ensure that the individual receiving the
reissued REAL ID driver’s license or
identification card is the same individual to whom the driver’s license or
identification card was originally
issued.
(b) Remote/Non-in-person reissuance.
Except as provided in paragraph (c) of
this section a State may conduct a
non-in-person (remote) reissuance if
State procedures permit the reissuance
to be conducted remotely. Except for
the reissuance of duplicate driver’s licenses and identification cards as defined in this rule, the State must
reverify pursuant to § 37.13, the applicant’s SSN and lawful status prior to

reissuing the driver’s license or identification card.
(c) In-person reissuance. The State
may not remotely reissue a driver’s license or identification card where
there has been a material change in
any personally identifiable information
since prior issuance. All material
changes must be established through
an applicant’s presentation of an original source document as provided in
this subpart, and must be verified as
specified in § 37.13.
§ 37.25 Renewal of REAL ID driver’s licenses and identification cards.
(a) In-person renewals. States must
require holders of REAL ID driver’s licenses and identification cards to
renew their driver’s licenses and identification cards with the State DMV in
person, no less frequently than every
sixteen years.
(1) The State DMV shall take an updated photograph of the applicant, no
less frequently than every sixteen
years.
(2) The State must reverify the renewal applicant’s SSN and lawful status through SSOLV and SAVE, respectively (or other DHS-approved means)
as applicable prior to renewing the
driver’s license or identification card.
The State must also verify electronically information that it was not able
to verify at a previous issuance or renewal if the systems or processes exist
to do so.
(3) Holders of temporary or limitedterm REAL ID driver’s licenses and
identification cards must present evidence of continued lawful status via
SAVE or other method approved by
DHS when renewing their driver’s license or identification card.
(b) Remote/Non-in-person renewal. Except as provided in (b)(2) a State may
conduct a non-in-person (remote) renewal if State procedures permit the
renewal to be conducted remotely.
(1) The State must reverify the applicant’s SSN and lawful status pursuant
to § 37.13 prior to renewing the driver’s
license or identification card.
(2) The State may not remotely
renew a REAL ID driver’s license or
identification card where there has
been a material change in any personally identifiable information since

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Office of the Secretary, DHS

§ 37.31

prior issuance. All material changes
must be established through the applicant’s presentation of an original
source document as provided in Subpart B, and must be verified as specified in § 37.13.
§ 37.27 Driver’s licenses and identification cards issued during the agebased enrollment period.
Driver’s licenses and identification
cards issued to individuals prior to a
DHS determination that the State is
materially compliant may be renewed
or reissued pursuant to current State
practices, and will be accepted for official purposes until the validity dates
described in § 37.5. Effective December
1, 2014, Federal agencies will only accept REAL ID cards for official purpose
from individuals under 50 as of December 1, 2014. Individuals age 50 or older
on December 1, 2014, must obtain and
present REAL ID cards for official purposes by December 1, 2017.
§ 37.29 Prohibition against holding
more than one REAL ID card or
more than one driver’s license.
(a) An individual may hold only one
REAL ID card. An individual cannot
hold a REAL ID driver’s license and a
REAL ID identification card simultaneously. Nothing shall preclude an individual from holding a REAL ID card
and a non-REAL ID card unless prohibited by his or her State.
(b) Prior to issuing a REAL ID driver’s license,
(1) A State must check with all other
States to determine if the applicant
currently holds a driver’s license or
REAL ID identification card in another
State.
(2) If the State receives confirmation
that the individual holds a driver’s license in another State, or possesses a
REAL ID identification card in another
State, the receiving State must take
measures to confirm that the person
has terminated or is terminating the
driver’s license or REAL ID identification card issued by the prior State pursuant to State law, regulation or procedure.
(c) Prior to issuing a REAL ID identification card,
(1) A State must check with all other
States to determine if the applicant

currently holds a REAL ID driver’s license or identification card in another
State.
(2) If the State receives confirmation
that the individual holds a REAL ID
card in another State the receiving
State must take measures to confirm
that the person has terminated or is
terminating the REAL ID driver’s license or identification card issued by
the prior State pursuant to State law,
regulation or procedure.

Subpart C—Other Requirements
§ 37.31

Source document retention.

(a) States must retain copies of the
application, declaration and source
documents presented under § 37.11 of
this Part, including documents used to
establish all names recorded by the
DMV under § 37.11(c)(2). States shall
take measures to protect any personally identifiable information collected
pursuant to the REAL ID Act as described in their security plan under
§ 37.41(b)(2).
(1) States that choose to keep paper
copies of source documents must retain
the copies for a minimum of seven
years.
(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a
minimum of ten years.
(3) States that choose to keep digital
images of source documents must retain the images for a minimum of ten
years.
(4) States are not required to retain
the declaration with application and
source documents, but must retain the
declaration consistent with applicable
State document retention requirements and retention periods.
(b) States using digital imaging to
retain source documents must store
the images as follows:
(1) Photo images must be stored in
the Joint Photographic Experts Group
(JPEG) 2000 standard for image compression, or a standard that is interoperable with the JPEG standard. Images must be stored in an open (consensus) format, without proprietary
wrappers, to ensure States can effectively use the image captures of other
States as needed.

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§ 37.33

6 CFR Ch. I (1–1–12 Edition)

(2) Document and signature images
must be stored in a compressed Tagged
Image Format (TIF), or a standard
that is interoperable with the TIF
standard.
(3) All images must be retrievable by
the DMV if properly requested by law
enforcement.
(c) Upon request by an applicant, a
State shall record and retain the applicant’s name, date of birth, certificate
numbers, date filed, and issuing agency
in lieu of an image or copy of the applicant’s birth certificate, where such
procedures are required by State law.
§ 37.33

DMV databases.

(a) States must maintain a State
motor vehicle database that contains,
at a minimum—
(1) All data fields printed on driver’s
licenses and identification cards issued
by the State, individual serial numbers
of the card, and SSN;
(2) A record of the full legal name
and recorded name established under
§ 37.11(c)(2) as applicable, without truncation;
(3) All additional data fields included
in the MRZ but not printed on the driver’s license or identification card; and
(4) Motor vehicle driver’s histories,
including motor vehicle violations,
suspensions, and points on driver’s licenses.
(b) States must protect the security
of personally identifiable information,
collected pursuant to the REAL ID
Act, in accordance with § 37.41(b)(2) of
this part.

Subpart D—Security at DMVs and
Driver’s License and Identification Card Production Facilities
§ 37.41

Security plan.

(a) In General. States must have a security plan that addresses the provisions in paragraph (b) of this section
and must submit the security plan as
part of its REAL ID certification under
§ 37.55.
(b) Security plan contents. At a minimum, the security plan must address—
(1) Physical security for the following:

(i) Facilities used to produce driver’s
licenses and identification cards.
(ii) Storage areas for card stock and
other materials used in card production.
(2) Security of personally identifiable
information maintained at DMV locations involved in the enrollment,
issuance, manufacture and/or production of cards issued under the REAL ID
Act, including, but not limited to, providing the following protections:
(i) Reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and
integrity of the personally identifiable
information collected, stored, and
maintained in DMV records and information systems for purposes of complying with the REAL ID Act. These
safeguards must include procedures to
prevent unauthorized access, use, or
dissemination of applicant information
and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction.
(ii) A privacy policy regarding the
personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act.
(iii) Any release or use of personal information collected and maintained by
the DMV pursuant to the REAL ID Act
must comply with the requirements of
the Driver’s Privacy Protection Act, 18
U.S.C. 2721 et seq. State plans may go
beyond these minimum privacy requirements to provide greater protection, and such protections are not subject to review by DHS for purposes of
determining compliance with this Part.
(3) Document and physical security
features for the card, consistent with
the requirements of § 37.15, including a
description of the State’s use of biometrics, and the technical standard
utilized, if any;
(4) Access control, including the following:
(i) Employee identification and
credentialing, including access badges.
(ii) Employee background checks, in
accordance with § 37.45 of this part.
(iii) Controlled access systems.
(5) Periodic training requirements
in—

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Office of the Secretary, DHS

§ 37.45

(i) Fraudulent document recognition
training for all covered employees handling source documents or engaged in
the issuance of driver’s licenses and
identification cards. The fraudulent
document training program approved
by AAMVA or other DHS approved
method satisfies the requirement of
this subsection.
(ii) Security awareness training, including threat identification and handling of SSI as necessary.
(6) Emergency/incident response plan;
(7) Internal audit controls;
(8) An affirmation that the State possesses both the authority and the
means to produce, revise, expunge, and
protect the confidentiality of REAL ID
driver’s licenses or identification cards
issued in support of Federal, State, or
local criminal justice agencies or similar programs that require special licensing or identification to safeguard
persons or support their official duties.
These procedures must be designed in
coordination with the key requesting
authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests. In
order to safeguard the identities of individuals, these procedures should not
be discussed in the plan and States
should make every effort to prevent
disclosure to those without a need to
know about either this confidential
procedure or any substantive information that may compromise the confidentiality of these operations. The
appropriate law enforcement official
and United States Attorney should be
notified of any action seeking information that could compromise Federal
law enforcement interests.
(c) Handling of Security Plan. The Security Plan required by this section
contains Sensitive Security Information (SSI) and must be handled and
protected in accordance with 49 CFR
part 1520.
§ 37.43 Physical security of DMV production facilities.
(a) States must ensure the physical
security of facilities where driver’s licenses and identification cards are produced, and the security of document
materials and papers from which driver’s licenses and identification cards
are produced or manufactured.

(b) States must describe the security
of DMV facilities as part of their security plan, in accordance with § 37.41.
§ 37.45 Background checks for covered
employees.
(a) Scope. States are required to subject persons who are involved in the
manufacture or production of REAL ID
driver’s licenses and identification
cards, or who have the ability to affect
the identity information that appears
on the driver’s license or identification
card, or current employees who will be
assigned to such positions (‘‘covered
employees’’ or ‘‘covered positions’’), to
a background check. The background
check must include, at a minimum, the
validation of references from prior employment, a name-based and fingerprint-based criminal history records
check, and employment eligibility
verification otherwise required by law.
States shall describe their background
check process as part of their security
plan, in accordance with § 37.41(b)(4)(ii).
This section also applies to contractors
utilized in covered positions.
(b) Background checks. States must
ensure that any covered employee
under paragraph (a) of this section is
provided notice that he or she must undergo a background check and the contents of that check.
(1) Criminal history records check.
States must conduct a name-based and
fingerprint-based
criminal
history
records check (CHRC) using, at a minimum, the FBI’s National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of
this section, and determine if the covered employee has been convicted of
any of the following disqualifying
crimes:
(i) Permanent disqualifying criminal offenses. A covered employee has a permanent disqualifying offense if convicted, or found not guilty by reason of
insanity, in a civilian or military jurisdiction, of any of the felonies set forth
in 49 CFR 1572.103(a).
(ii) Interim disqualifying criminal offenses. The criminal offenses referenced
in 49 CFR 1572.103(b) are disqualifying

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§ 37.51

6 CFR Ch. I (1–1–12 Edition)

if the covered employee was either convicted of those offenses in a civilian or
military jurisdiction, or admits having
committed acts which constitute the
essential elements of any of those
criminal offenses within the seven
years preceding the date of employment in the covered position; or the
covered employee was released from incarceration for the crime within the
five years preceding the date of employment in the covered position.
(iii) Under want or warrant. A covered
employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in
this section is disqualified until the
want or warrant is released.
(iv) Determination of arrest status.
When a fingerprint-based check discloses an arrest for a disqualifying
crime referenced in this section without indicating a disposition, the State
must determine the disposition of the
arrest.
(v) Waiver. The State may establish
procedures to allow for a waiver of the
requirements of paragraphs (b)(1)(ii) or
(b)(1)(iv) of this section under circumstances determined by the State.
These procedures can cover circumstances where the covered employee has been arrested, but no final
disposition of the matter has been
reached.
(2)
Employment
eligibility
status
verification. The State shall ensure it is
fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) and its implementing regulations (8 CFR part 274A) with respect to
each covered employee. The State is
encouraged to participate in the USCIS
E-Verify program (or any successor
program) for employment eligibility
verification.
(3) Reference check. Reference checks
from prior employers are not required
if the individual has been employed by
the DMV for at least two consecutive
years since May 11, 2006.
(4) Disqualification. If results of the
State’s CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph
(b)(1)(ii), the covered employee may
not be employed in a position described

in paragraph (a) of this section. An employee whose employment eligibility
has not been verified as required by
section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) and its
implementing regulations (8 CFR part
274A) may not be employed in any position.
(c) Appeal. If a State determines that
the results from the CHRC do not meet
the standards of such check the State
must so inform the employee of the determination to allow the individual an
opportunity to appeal to the State or
Federal government, as applicable.
(d) Background checks substantially
similar to the requirements of this section that were conducted on existing
employees on or after May 11, 2006 need
not be re-conducted.

Subpart E—Procedures for
Determining State Compliance
§ 37.51 Compliance—general
ments.

require-

(a) Full compliance. To be in full compliance with the REAL ID Act of 2005,
49 U.S.C. 30301 note, States must meet
the standards of subparts A through D
or have a REAL ID program that DHS
has determined to be comparable to the
standards of subparts A through D.
States certifying compliance with the
REAL ID Act must follow the certification requirements described in § 37.55.
States must be fully compliant with
Subparts A through D on or before January 15, 2013. States must file the documentation required under § 37.55 at
least 90 days prior to the effective date
of full compliance.
(b) Material compliance. States must
be in material compliance by January
1, 2010 to receive an additional extension until no later than May 10, 2011 as
described in § 37.63. Benchmarks for
material compliance are detailed in the
Material Compliance Checklist found
in DHS’ Web site at http://www.dhs.gov.
[73 FR 5331, Jan. 29, 2008, as amended at 76
FR 12271, Mar. 7, 2011]
EFFECTIVE DATE NOTE: At 74 FR 68478, Dec.
28, 2009, in § 37.51, paragraph (b) was stayed
from Jan. 1, 2010 until further notice.

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§ 37.61

§ 37.55 State certification documentation.
(a) States seeking DHS’s determination that its program for issuing REAL
ID driver’s licenses and identification
cards is meeting the requirements of
this part (full compliance), must provide DHS with the following documents:
(1) A certification by the highest
level Executive official in the State
overseeing the DMV reading as follows:
‘‘I, [name and title (name of certifying official), (position title) of the State (Commonwealth))] of llll, do hereby certify that
the State (Commonwealth) has implemented
a program for issuing driver’s licenses and
identification cards in compliance with the
requirements of the REAL ID Act of 2005, as
further defined in 6 CFR part 37, and intends
to remain in compliance with these regulations.’’

(2) A letter from the Attorney General of the State confirming that the
State has the legal authority to impose
requirements necessary to meet the
standards established by this part.
(3) A description of the State’s exceptions process under § 37.11(h), and the
State’s
waiver
processes
under
§ 37.45(b)(1)(v).
(4) The State’s Security Plan under
§ 37.41.
(b) After DHS’s final compliance determination, States shall recertify
compliance with this part every three
years on a rolling basis as determined
by DHS.
§ 37.59 DHS reviews of State compliance.
State REAL ID programs will be subject to DHS review to determine
whether the State meets the requirements for compliance with this part.
(a)
General
inspection
authority.
States must cooperate with DHS’s review of the State’s compliance at any
time. In addition, the State must:
(1) Provide any reasonable information pertinent to determining compliance with this part as requested by
DHS;
(2) Permit DHS to conduct inspections of any and all sites associated
with the enrollment of applicants and
the production, manufacture, personalization and issuance of driver’s licenses
or identification cards; and

(3) Allow DHS to conduct interviews
of the State’s employees and contractors who are involved in the application and verification process, or the
manufacture and production of driver’s
licenses or identification cards. DHS
shall provide written notice to the
State in advance of an inspection visit.
(b) Preliminary DHS determination.
DHS shall review forms, conduct audits
of States as necessary, and make a preliminary determination on whether the
State has satisfied the requirements of
this part within 45 days of receipt of
the Material Compliance Checklist or
State certification documentation of
full compliance pursuant to § 37.55.
(1) If DHS determines that the State
meets the benchmarks of the Material
Compliance Checklist, DHS may grant
the State an additional extension until
no later than May 10, 2011.
(2) If DHS determines that the State
meets the full requirements of subparts
A through E, the Secretary shall make
a final determination that the State is
in compliance with the REAL ID Act.
(c) State reply. The State will have up
to 30 calendar days to respond to the
preliminary
determination.
The
State’s reply must explain what corrective action it either has implemented,
or intends to implement, to correct
any deficiencies cited in the preliminary determination or, alternatively,
detail why the DHS preliminary determination is incorrect. Upon request by
the State, an informal conference will
be scheduled during this time.
(d) Final DHS determination. DHS will
notify States of its final determination
of State compliance with this Part,
within 45 days of receipt of a State
reply.
(e) State’s right to judicial review. Any
State aggrieved by an adverse decision
under this section may seek judicial
review under 5 U.S.C. Chapter 7.
§ 37.61 Results of compliance determination.
(a) A State shall be deemed in compliance with this part when DHS issues
a determination that the State meets
the requirements of this part.
(b) The Secretary will determine that
a State is not in compliance with this
part when it—

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§ 37.63

6 CFR Ch. I (1–1–12 Edition)

(1) Fails to submit a timely certification or request an extension as prescribed in this subpart; or
(2) Does not meet one or more of the
standards of this part, as established in
a determination by DHS under § 37.59.
§ 37.63 Extension of deadline.
(a) A State may request an initial extension by filing a request with the
Secretary no later than March 31, 2008.
In the absence of extraordinary circumstances, such an extension request
will be deemed justified for a period
lasting until, but not beyond, December 31, 2009. DHS shall notify a State of
its acceptance of the State’s request
for initial extension within 45 days of
receipt.
(b) States granted an initial extension may file a request for an additional extension until no later than
May 10, 2011, by submitting a Material
Compliance Checklist demonstrating
material compliance, per § 37.51(b) with
certain elements of subparts A through
E as defined by DHS. Such additional
extension request must be filed by December 1, 2009. DHS shall notify a
State whether an additional extension
has been granted within 45 days of receipt of the request and documents described above.
(c) Subsequent extensions, if any,
will be at the discretion of the Secretary.
[73 FR 5331, Jan. 29, 2008, as amended at 74
FR 49309, Sept. 28, 2009]

§ 37.65 Effect of failure to comply with
this Part.
(a) Any driver’s license or identification card issued by a State that DHS
determines is not in compliance with
this part is not acceptable as identification by Federal agencies for official
purposes.
(b) Driver’s licenses and identification cards issued by a State that has

obtained an extension of the compliance date from DHS per § 37.51 are acceptable for official purposes until the
end of the applicable enrollment period
under § 37.5; or the State subsequently
is found by DHS under this Subpart to
not be in compliance.
(c) Driver’s licenses and identification cards issued by a State that has
been determined by DHS to be in material compliance and that are marked to
identify that the licenses and cards are
materially compliant will continue to
be accepted by Federal agencies after
the expiration of the enrollment period
under § 37.5, until the expiration date
on the face of the document.

Subpart F—Driver’s Licenses and
Identification Cards Issued
Under section 202(d)(11) of
the REAL ID Act
§ 37.71 Driver’s licenses and identification cards issued under section
202(d)(11) of the REAL ID Act.
(a) Except as authorized in § 37.27,
States that DHS determines are compliant with the REAL ID Act that
choose to also issue driver’s licenses
and identification cards that are not
acceptable by Federal agencies for official purposes must ensure that such
driver’s licenses and identification
cards—
(1) Clearly state on their face and in
the machine readable zone that the
card is not acceptable for official purposes; and
(2) Have a unique design or color indicator that clearly distinguishes them
from driver’s licenses and identification cards that meet the standards of
this part.
(b) DHS reserves the right to approve
such designations, as necessary, during
certification of compliance.

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