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23237

Rules and Regulations
Federal Register Vol. 86, No. 83
Monday, May 3, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary 6 CFR Part 37
Docket No. DHS20210019
RIN 1601AB03

Minimum Standards for Drivers Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes
II. Background
Office of the Secretary, DHS.
ACTION: Interim final rule with request for comments.
AGENCY:

This rule delays the date for card-based enforcement of the REAL ID
regulations from October 1, 2021 until May 3, 2023. Beginning on that date, federal agencies may not accept a stateissued drivers license or identification card for official purposes from any individual unless such license or card is a REAL ID compliant drivers license or identification card issued by a state that DHS has determined is in full compliance as defined under this part.
The regulations also permit federal agencies to accept for official purposes non-compliant drivers licenses and identification cards until September 30, 2021. This rule also extends that date, authorizing federal agencies to continue to accept non-compliant drivers licenses and identification cards until the end of May 2, 2023.
DATES: This rule is effective on May 3, 2021. Interested persons are invited to submit comments before the end of July 2, 2021.
ADDRESSES: Interested persons may comment on any aspect of this rulemaking rule by submitting written comments via the Federal e-Rulemaking Portal at https www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Steve Yonkers, Director, REAL ID
Program Office; telephone 202 447
3274; email steve.yonkers@hq.dhs.gov.

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SUPPLEMENTARY INFORMATION:

I. Public Participation DHS invites interested persons to comment on any aspect of this rulemaking rule by submitting written comments via the Federal e-Rulemaking Portal at https www.regulations.gov.
Use the Search bar to find the docket, using the docket number associated with this rulemaking. Comments received, including any personal information you have provided, may be posted without change. Whenever possible, please provide citations and copies of any relevant studies or reports on which your relies, as well as any additional data which support your comment. It is also helpful to explain the basis and reasoning underlying any views expressed.
A. The REAL ID Act, Implementing Regulations, and Phased Enforcement The REAL ID Act the Act sets minimum security requirements for the issuance and production of drivers licenses and identification cards issued by the states, territories, and the District of Columbia in order for federal agencies to accept these documents for official purposes.1 Official purposes include: 1 Accessing federal facilities, 2 boarding federally regulated commercial aircraft, 3 entering nuclear power plants, and 4 any other purposes that the Secretary of Homeland Security shall determine.2
On January 29, 2008, DHS published a final rule implementing the Acts requirements.3 The regulation includes both a deadline for state compliance with the REAL ID requirements and a deadline by which individuals must obtain a REAL ID compliant license or identification card in order to use that document for official purposes.4 DHS
refers to these deadlines as statebased and card-based enforcement, respectively.
For state-based enforcement, the Act and regulation prohibit federal agencies from accepting licenses and cards 1 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Public Law 10913, Div. B. title II, 201 to 207, May 11, 2005, as amended codified at 49 U.S.C. 30301 note.
2 Id.
3 See 73 FR 5272 Jan. 29, 2008 codified as amended at 6 CFR part 37.
4 6 CFR 37.51a and 37.5.

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issued by states that are not compliant with the REAL ID standards as determined by DHS. On March 7, 2011, DHS changed the state-based enforcement deadline from May 11, 2011 to January 15, 2013.5
DHS then incrementally enforced this deadline through a phased-enforcement schedule, pursuant to which enforcement began at DHS headquarters, followed by enforcement at federal facilities and nuclear power plants.6 On January 8, 2016, DHS announced that the final phase of the enforcement schedule, applicable to individuals boarding federally-regulated commercial aircraft, would begin on January 22, 2018.7 Thus, since January 22, 2018, the Transportation Security Administration TSA has accepted drivers licenses and identification cards only if issued by compliant states or states with an extension or under compliance review from DHS at screening checkpoints.
Under existing regulations, card-based enforcement is scheduled to begin on October 1, 2021.8 Beginning on the cardbased enforcement date, federal agencies are prohibited from accepting for official purposes a license or identification card issued by a state unless the license or card itself was issued in accordance with the REAL ID
standards by a REAL ID compliant jurisdiction.
In addition to compliant licenses and identification cards, states may issue, to individuals who are unable or unwilling to present the documents and information necessary to obtain a REAL
ID compliant license, licenses and cards that are not acceptable by federal agencies for official purposes. These non-compliant licenses and cards must 1 clearly state that the card is not acceptable for official purposes, and 2
have a unique design or color indicator that clearly distinguishes them from compliant licenses and identification cards.9 The REAL ID regulations 5 76 FR 12269 Mar. 7, 2011 codified as amended at 6 CFR 37.51a.
6 Cf. 6 CFR 37.51a; DHS Releases Phased Enforcement Schedule for REAL ID Dec. 20, 2013, available at https www.dhs.gov/news/2013/12/20/
dhs-releases-phased-enforcement-schedule-real-id.
7 See Statement By Secretary Jeh C. Johnson on the Final Phase of REAL ID Act Implementation Jan. 8, 2016, available at https www.dhs.gov/
news/2016/01/08/statement-secretary-jeh-cjohnson-final-phase-real-id-act-implementation.
8 6 CFR 37.5b.
9 6 CFR 37.71; REAL ID Act section 202d11.

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