Rep. W. Curtis Thomas
181st Legislative District
Philadelphia County
Real ID

Intergovernmental Affairs Committee Hearing Testimony


What is the Real ID Act?

The Real ID Act of 2005 (“the Act) is a federal law enacted by Congress in May 2005 in response to recommendations by the 9/11 Commission to reduce terrorism by setting federal standards for various forms of identification such as drivers’ licenses.  The Real ID Act of 2005 authorized the Secretary of the Department of Homeland Security (“DHS”), working together with the Secretary of Transportation, to develop regulations consistent with the Act’s requirements.  On January 11, 2008 DHS released the final regulations regarding REAL ID implementation. 

 

What is a Real ID Card?

A REAL ID card is a driver’s license or identification card issued by a state certified by DHS to be in compliance with requirements of the REAL ID Act.  The REAL ID Act and regulations only apply to drivers’ licenses and identification cards intended to be used for an “official purpose”.  An official purpose is defined in the regulations as “accessing Federal facilities, boarding Federally-regulated commercial aircraft, and entering nuclear power plants.” 

 

When do people need to obtain Real ID cards?

May 11, 2008 is the date that states must start producing Real ID compliant drivers’ licenses and identification cards unless the state has received a certification of compliance or has been granted an extension from DHS.  Using all extensions, states issuing drivers’ licenses and identification cards must meet Real ID requirements as of December 1, 2014 for individuals born after December 1, 1964 and by December 1, 2017 for individuals born before December 1, 1964. 



Are States required to issue Real ID drivers’ licenses and identification cards?

No.  The federal government does not require states to issue REAL ID compliant identification drivers’ licenses and identification cards.  Individuals who receive identification cards and licenses that do not comply with the Real ID Act, however, will not be able to use their licenses and cards for official purposes such as boarding commercial airlines or for federal identification.

 

What information must a person establish to obtain a Real ID card?

Pennsylvania residents must go in person to PennDOT, Pennsylvania’s motor vehicle department, and present documents to establish:

 

1)      identity;

2)      date of birth;

3)      proof of Social Security Number or proof of ineligibility for a Social Security Number;

4)      name and address of principal residence;

5)      lawful status in the United States;

 

What documents must an individual present to obtain a Real ID card?

To establish identity, date of birth and lawful status, a Real ID card applicant must present one of the following documents:

ü  a valid unexpired U.S. Passport (approximately 25 percent of Americans hold passports);

ü  a certified copy of a birth certificate;

ü  a consular report of birth abroad;

ü  a valid, unexpired permanent resident card (Form I-551);

ü  an unexpired employment authorization document (EAD) (Form I-766 or I-688B);

ü  an unexpired foreign passport with valid U.S. visa affixed accompanied by Form I-94;

ü  a U.S. certificate of citizenship;

ü  a U.S. certificate of naturalization;

ü  a REAL ID driver’s license (DL) or identification card (ID) issued in compliance with the Act and regulations; or

ü  such other documents as DHS may designate in Federal Register published at a future date.

If the applicant is not a citizen, additional document requirements may apply to prove lawful status.

To verify a social security number, a Real ID card applicant must present one of the following documents:

ü  Social Security Card;

ü  W-2 form;

ü  a SSA 1099;

ü  a non-SSA 1099;

ü  a pay stub with the applicant’s name and Social Security Number; or

ü  if ineligible for a Social Security Number, must demonstrate non-work authorized status.

 

To establish your principal residence a Real ID card applicant must present:

ü  Two documents containing name and address of principal residence.

 

What information is required to be on a Real ID card?

The Act and regulations outline the following items as the minimum requirements for information contained on a Real ID card and characteristics of the card:

 

ü  full legal name

ü  date of birth

ü  gender

ü  card number

ü  address of principal residence

ü  signature

ü  photograph

ü  date of transaction

ü  expiration date

ü  state of issuance

ü  physical security features on the card to reduce counterfeit and fraud

ü  machine readable technology (bar code technology accessing specific data items)

 

Are states required to maintain the documents presented for a Real ID card?

Yes.  PennDOT and all other state motor vehicle departments must develop a security plan outlining procedures for ensuring safety of Real ID applicants’ documents.  The documents must be maintained according to the following guidelines:

 

ü  paper copies of source documents must be maintained for at least 7 years;

ü  electronic copies of source documents must be maintained at least 10 years;

ü  digital photos an applicant denied or not issued a Real ID card must be maintained 5 years; and

ü  digital photos of Real ID cardholder must be maintained 2 years beyond the card expiration.