6 CFR Part 37

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TITLE 6--Domestic Security
CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE
SECRETARY
m R T 37--REAL ID DRIVER'S LICENSES AND IDENTIFICATION CARDS

Subpart A--GENERAL

$37.1

Applicability.

$37.3

Definitions.

6375

Validity periods and deadlines for REAL ID driver's
licenses and identification cards.

Subpart B--MINIMUM DOCUMENTATION, VERIFICATION, AND CARD ISSUANCE
REQUIREMENTS

537.1 1

Application and documents the applicant must
provide.

537.13

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.

537.19

Machine readable technology on the driver's license
or identification card.

637.21

Temporary or limited-term driver's licenses and
identification cards.
Reissued REAL ID driver's licenses and identification
cards.
Renewal of REAL ID driver's licenses and

Electronic Code of Federal Regulations:

$37.25

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

$37.3 1

Source document retention.

$37.33

DMV databases.

Subpart D--SECLIRITY A T D M V S AND DRIVER'S L!CENSEANND IDENTIFICATION
CARD PRODUCTION FACILI-TIES

$37.4 1

Security plan.

$37.43

Physical security of DMV production facilities.

437.45

Background checks for covered employees.

Subpart_ E--PROCEDURES FOR DETERMINING STATE COMPLIANCE

E7.5 1

Compliance--general requirements.

$37.55

State certification documentation.

$37.59

DHS reviews of State compliance.

337.61

Results of compliance determination.

$37.63

Extension of deadline.

437.65

Effect of failure to comply with this Part.

Subpart F--DRIVER'S LICENSES AND TDENTIFTCATION CARDS ISSLIED UNDER
SECTION 202(D)(11) O F THE REAL ID ACT

$37.71

Driver's licenses and identification cards issued under
section 202(d)(ll) of the REAL ID Act.

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e-CFR Data is current as of January 20, 2010
Title 6: Domestic Security
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PART 37-REAL

ID DRIVER'S LICENSES AND IDENTIFICATION CARDS

Section Contents

Subpart A--General
§ 37.1 Applicability.
§ 37.3 Definitions.
§ 37.5 Validity periods and deadlines for REAL ID driver's licenses and identificat~oncards.
Subpart B-Minimum

Documentation, Verification, and Card Issuance Requirements

Application and documents the applicant mustprovide.
Document verification requirements.
Physical security features for the driver's license or identification card.
Requirements for the surface of the driver's license or identification card.
Machine readable technology on the driver's license or ldentification card.
Temporary or limited-term driver's licenses and identificationcards.
Reissued
REAL
ID driver's
and
identification cards.
.- licenses
.
-Renewal of REAL ID driver's licenses and identification cards.
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 Source document retention.
§ 37.33 DMV databases.
Subpart D-Security

at DMVs and Driver's License and ldentification Card Production
Facilities

§ 37.41 Security plan.
m 4 3 Physical security of D.MV production facilities.
§ 37.45 Background checks for covered employees.
Subpart E-Procedures

§ 37.51
§ 37.55
§ 37.59.
§ 37.61

for Determinina State Compliance

Compliance--general requirements.
State certification documentation.
DHS reviews of State compliance.
Results of compliance determination.

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§ 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)4l_l)
of the REAL ID Act

§ 37.71 Driver's licenses and identification cards issued under sect~on202(d)(11) of the
REAL ID Act.

Authority: 49 U.S.C. 30301 note; 6 U.S.C. 111, 112.
Source: 73 FR 5331, Jan. 29, 2008, unless otherwise noted.
Subpart A--General

5 37.1

Applicability.

Eltop
(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)(lI) of the REAL ID Act.

5 37.3

Definitions.

Eltop
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.

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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.
Digitalphotograph 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 presented 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
ReauthorizationAct 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 identificationcard 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 ldentification 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.
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.

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Material compliance means a determination by DHS that a State has met the benchmarks contained in
the Material Compliance Checklist.
NClC 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 537.21.
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 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 State-administered 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.

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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.

Eltop
(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 exceed 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 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.
(d) Federal agencies cannot accept for official purpose driver's licenses and identification cards issued
under 537.71 of this rule.

Subpart 6-Minimum

Documentation, Verification, and Card Issuance Requirements

Eltop
9 37.1 1

Application and documents the applicant must provide.

Eltop
(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 537.31 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:
(i) Valid, unexpired U.S. passport.

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(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 1-551) issued by DHS or INS
(v) Unexpired employment authorization document (EAD) issued by DHS, Form 1-766 or Form 1-688B.
(vi) Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I94 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 theFederal 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 537.31, 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 537.31.
(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 537.1 I(c)(l) 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 537.1 I(c)(l)(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)(l)(i), (c)(l )(ii), (c)(l)(iii),
(c)(l)(iv), (c)(I)(vii) Or (c)(I)(viii) of this section, the issuing State's verification of the applicant's identity

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in the manner prescribed in 537.13 will also provide satisfactory evidence of lawful status.
(2) If the applicant presents one of the identity documents listed under paragraphs (c)(l)(v) or (c)(l)(vi),
or (c)(l)(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 537.11
(g)(l) 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 537.13.
(h) Exceptions Process. A State DMV may choose to establish a written, defined exceptions process for
persons 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 537.31 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 537.55.
(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.

5 37.13

Document verification requirements.

Eltop
(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 537.29 before issuing a driver's license or identification
card.
(b) States must verify the documents and information required under 537.11 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 337.1 1(c) or (g) and issued by DHS (including, but not
limited to, the 1-94 form described in 537.1I(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 non-match, 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

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Verification of Vital Events (EWE) 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 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
S37.71 that will not be accepted for official purposes to allow the individual to resolve any non-match.

5 37.15

Physical security features for the driver's license or identification card.

Eltop
(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 holdets photograph andlor 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 I . 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.

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5 37.17

Requirements for the surface of the driver's license or identification card.

Eltop
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 537.1 1(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 digitalphotograph. A full facial photograph must be taken pursuant to the standards set
forth below:
(1) States shall follow specifically ISOllEC 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:/%mv.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 703235-0709 to make an appointment) or at the National Archives and Records Administration (NARA). For
information on the availability of material at NARA, call 202-7414030, or go to
www.archives.govffederal_register/code~o~federaregulationbrlocations.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 ofprincipal 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 trafficking, to keep, obtain, and
use alternative addresses; and provides that the addresses of such persons must be kept confidential,

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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 Licenselldentification 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:/hww.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 202-7414030, or go to
.
http:/hww. archives.gov/federal_register/codeofederaregulationiblocations.I
(2) The State shall establish alternative procedures for individuals unable to sign their name.
(h) Physical security features, pursuant to 537.15 of this subpart.
(i) Machine-readable technology on the back of the card, pursuant to 537.19 of this subpart

0) Date of transaction.
(k) Expiration date.
(I) 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: [email protected] . 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 202-7414030, or go to
html .
http:/hww. archives.gov/federal_register/code~o~federal_regulationiblocations.
(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 537.51 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 ISOllEC 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 incorporated standards at http://hrww.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

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at the Department of Homeland Security, 1621 Kent Street, 9th Floor, Rosslyn, VA (please call 703235-0709 to make an appointment) or at the National Archives and Records Administration (NARA). For
information on the availability of material at NARA, call 202-7414030, or go to
http:/nYww.archives.gov/federal_register/codeofederaregulationbrlocations.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 537.11(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.

0)State or territory of issuance.

9 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 drivefs 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 driveh license or identification card pursuant to
this section:
(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 driveh 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 drivefs 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.

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(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.

5 37.23

Reissued REAL ID driver's licenses and identification cards.

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(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 identificationcard 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 s37.13, the applicant's SSN and lawful status prior to
reissuing the driver's license or identification card.
(c) In-personreissuance. 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 s37.13.

5 37.25

Renewal of REAL ID driver's licenses and identification cards.

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(a) In-personrenewals. States must require holders of REAL ID driver's licenses and identificationcards
to renew their driver's licenses and identificationcards 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 limited-term REAL ID drivel'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 s37.13 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 prior issuance. All material
changes must be established through the applicant's presentation of an original source document as
provided in Subpart 6 , and must be verified as specified in $37.13.

5 37.27

Driver's licenses and identification cards issued during the age-based
enrollment period.

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Drivet'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.

5 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 drivet'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 drivet'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
drivet'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 drivet's license or identification card issued by the prior State pursuant to State law, regulation
or procedure.

Subpart C-Other

Requirements

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5 37.31

Source document retention.

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(a) States must retain copies of the application, declaration and source documents presented under
$37.1 1 of this Part, including documents used to establish all names recorded by the DMV under $37.1 1
(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

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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.
(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.

5 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 937.1 l(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 937.41(b)(2) of this part.

Subpart D-Security at DMVs and Driver's License and Identification Card Production
Facilities

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5 37.41

Security plan.

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(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 937.55.
(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

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(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 andlor 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 537.15,
including a description of the State's use of biometries, 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 537.45 of this part.
(iii) Controlled access systems.

(5) Periodic training requirements in(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) Emergencylincident 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.

5 37.43

Physical security of DMV production facilities.

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(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
537.41.

5 37.45

Background checks for covered employees.

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(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 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)(l)(ii) or (b)(l)(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 USClS E-Verify program (or any successor program) for employment
eligibility verification.

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(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)(l)(i) or an interim disqualifying criminal offense under paragraph (b)(l)(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

9 37.51

Compliance-general requirements.

Link to an amendment published at 74 FR 68478, Dec. 28,2009.
(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 537.55. States must be fully
compliant with Subparts A through D on or before May 11, 201 1. States must file the documentation
required under 537.55 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, 201 1 as described in 537.63. Benchmarks for material
compliance are detailed in the Material Compliance Checklist found in DHS' Web site at
http://lvww.dhs.gov .
Effective Date Note: At 74 FR 68478, Dec. 28, 2009, in 537.51, paragraph (b) was stayed from Jan. 1,
2010 until further notice.

§ 37.55 State certification documentation.
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(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
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."

,

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(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 $37.1 1(h), and the State's waiver processes
under $37.45(b)(l)(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.

5 37.59

DHS reviews of State compliance.

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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.

5 37.61

Results of compliance determination.

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(a) A State shall be deemed in compliance with this part when DHS issues a determination that the State

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meets the requirements of this part.
(b) The Secretary will determine that a State is not in compliance with this part when it(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 s37.59.

9 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, 201 1, 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. 28,20091

3 37.65

Effect of failure to comply with this Part.

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(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 537.51 are acceptable for official purposes until the end of the applicable
enrollment period under 537.5; 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
s37.5, until the expiration date on the face of the document.

Subpart F-Driver's Licenses and Identification Cards Issued Under Section 202(d)(lI)
of the REAL ID Act

9 37.71 Driver's licenses and identification cards issued under section 202(d)(11) of
the REAL ID Act.

(a) Except as authorized in s37.27, 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-

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(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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