REAL ID: Questions & Answers for States
REAL ID Development
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 March 9, 2007 that garnered over 21,000 comments that DHS analyzed prior to developing this final rule. The final rule reflects the product of extensive outreach to key stakeholders from state motor vehicle offices, state legislators, governors’ offices, and the associations representing these state groups, as well as discussions with groups representing privacy and civil liberties concerns.
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.
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REAL ID Grant Funding
Fiscal Year 08
The Department of Homeland Security (DHS) has made available $361.375 million in grants (FY06 FY08) to assist states driver's license issuance authorities with REAL ID implementation:
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FY 2008 REAL ID Demonstration Grant Program - FEMA has awarded $79.875 million to assist states and territories with implementing REAL ID. The FY 2008 REAL ID Demonstration Grant Program is designed to assist state progress toward compliance with REAL ID implementation, including deploying the required verification systems and improving each jurisdiction's ability to connect to the required verification systems. Grant funds will help states enhance the integrity of driver's licenses (DL) and identification documents (ID) and improve state issuance capabilities, as well as system security.
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State Homeland Security Grant Program (SHSGP) - $274.5 million in State Homeland Security Grant Program (SHSGP) funds (20% of the total SHSGP minus M&A funds) were made available to states for REAL ID (FY07-FY08).
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REAL ID Pilot Project - The Commonwealth of Kentucky received $3 million in Fiscal Year (FY) 2006 to fund a REAL ID Pilot Project, which will test and validate birth record verification processes and develop a common set of standards that states can use during the driver's license issuance process.
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REAL ID Vital Events Verification State Project Grant – FEMA awarded Kentucky an additional $4 million to help state Departments of Motor Vehicles (DMVs) connect to state Vital Records Offices (VRO). Kentucky will enable state VROs to access the Electronic Verification of Vital Events hub (a web based portal) to verify birth and death record information of individuals applying for REAL ID driver's licenses and identification cards. Kentucky will also use these funds to compare U.S. foreign born citizens applying for a REAL ID driver's license with the Department of State's foreign born citizen birth record information.
The following jurisdictions did not submit grant proposals: Alaska, Idaho, Louisiana, Montana, New Hampshire, the Commonwealth of Northern Mariana Islands, Oklahoma, and Washington State.
Fiscal Year 2009
The President's FY 2009 budget also requests up to $110 million for REAL ID competitive grants for states as part of the National Security and Terrorism Prevention Grants, and $40 million in discretionary funds the state could use for REAL ID implementation as part of the State Homeland Security Grant Program. If the FY 2009 budget request is approved, this provides $511.375 million in grants (FY06-FY09) states can use to assist their driver's license issuance authorities with REAL ID implementation.
- Does DHS expect to make additional REAL ID grant funding available to states in FY 2009 and beyond?
The President's FY 2009 budget requests up to $110 million for REAL ID grants for states as part of the National Security and Terrorism Prevention Grants, and $50 million in discretionary funds to support completion of a state-governed verification hub for REAL ID implementation.
- If a state already has a REAL ID grant award, can it apply for future REAL ID grant funding?
Yes. States receiving grant funds in FY 2008 to implement REAL ID may both receive and apply for future funding for the same effort.
Grant Guidance Information
Verification Hub
- The verification hub is a single access point for a state's Department of Motor Vehicles (DMV) to verify a variety of source document data with multiple existing federal databases, state DMVs, and state Vital Record Agencies - including birth certificates, social security numbers, and state-issued driver's licenses. The hub is not a national storage mechanism for state DMV information; rather, it will receive a single DMV applicant information query and route that query to the relevant databases to verify the information with the issuing agency. The hub will consolidate the responses and send back to the requesting DMV a single message verifying the information. The DMV employee will then review the response message to determine whether to issue a REAL ID.
The state-owned and -operated hub will be designed to provide timely, accurate, and cost-effective verification to all sources through a single mechanism. The alternative-having each state connect directly to every other state and to federal sources separately-is inefficient and cost-prohibitive.
- Missouri will lead the states' effort to develop the hub and will work closely with the four verification pilot test states to test and validate system performance and functionality.
Monitoring and Reporting
- Will DHS monitor grant funded projects?
FEMA's Regional Offices will be responsible for oversight of REAL ID grant implementation and related program management activities grantees undertake in the regions to comply with REAL ID. DHS and FEMA Regional Offices will work closely with REAL ID grant recipients to ensure a coordinated approach to effective REAL ID implementation in each region.
- What kind of reporting will DHS require from states that receive grant funding? Grant recipients will be required to submit semi-annual progress reports on the status of achievements with compliance benchmarks for REAL ID. Other reports such as the FEMA/GPD financial status report will also be submitted directly to FEMA/GPD pursuant to the terms and conditions and reporting instructions for the grantees. The reporting will set a baseline for the state's progress in meeting the requirements of REAL ID and a basis for performance as a factor for future grant awards.
Funding Conflicts
- If a state receives a REAL ID grant award, must the state use these dollars for REAL ID requirements - as opposed to funding a currently planned initiative that is not related to a requirement in REAL ID? How will states be held accountable for the ensuring that REAL ID grant awards are used on implementing REAL ID requirements? States must use grant funding for projects that meet the REAL ID final rule's requirements. Additionally, states will be required to report on their progress in meeting these requirements. The reporting will set a baseline for the state's compliance with REAL ID and a basis for performance as a factor for future grant awards.
- Does DHS consider state legislation prohibiting a state from compliance with the REAL ID Program a disqualifying factor for receiving a REAL ID grant?
No. States with legislation in place that prohibits implementation of REAL ID may accept an award. However, the grant recipient must apply these funds to projects that improve their DL and ID issuance capabilities and procedures that satisfy the REAL ID final rule's requirements.
- If a state accepts REAL ID grant dollars, and at a later time its state legislature rules the state is not allowed to move forward with REAL ID implementation, does the state have to return the money? States with legislation in place that prohibits implementation of REAL ID may accept an award. However, the grant recipient must use these funds to improve their driver's license programs commensurate with REAL ID, which includes improvements in state driver's license issuance capabilities and procedures that satisfy the REAL ID final rule's requirements.
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REAL ID Compliance
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.
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REAL ID and Illegal Aliens
Can states issue REAL IDs to illegal aliens?
No. The Act specifies that states must verify an applicant’s lawful status in the United states before issuing a REAL ID license or card. The Act does not prohibit states from issuing other, non-compliant, forms of driver’s licenses and state identification. However, non-compliant REAL IDs cannot be accepted by Federal agencies for official purposes and must be clearly marked as not acceptable for official federal purposes.
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This page was last reviewed/modified on June 23, 2008.
