Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes, 10820-10858 [07-1009]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Proposed Rules]
[Pages 10820-10858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1009]



[[Page 10819]]

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Part II





Department of Homeland Security





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6 CFR Part 37



Minimum Standards for Driver's Licenses and Identification Cards 
Acceptable by Federal Agencies for Official Purposes; Proposed Rule

Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Proposed 
Rules

[[Page 10820]]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 37

[Docket No. DHS-2006-0030]
RIN 1601-AA37


Minimum Standards for Driver's Licenses and Identification Cards 
Acceptable by Federal Agencies for Official Purposes

AGENCY: Office of the Secretary, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Homeland Security is proposing to establish 
minimum standards for State-issued driver's licenses and identification 
cards that Federal agencies would accept for official purposes after 
May 11, 2008, in accordance with the REAL ID Act of 2005. This rule 
proposes standards to meet the minimum requirements of the REAL ID Act 
of 2005, including: information and security features that must be 
incorporated into each card; application information to establish the 
identity and immigration status of an applicant before a card can be 
issued; and physical security standards for locations where driver's 
licenses and applicable identification cards are issued.

DATES: Submit comments by May 8, 2007.

ADDRESSES: You may submit comments, identified by the DHS docket number 
DHS-2006-0030 that corresponds to this rulemaking, using any one of the 
following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 866-466-5370.
     Mail: Paper, disk or CD-ROM submissions can be mailed to 
the Department of Homeland Security, Attn: NAC 1-12037, Washington, DC 
20528.

FOR FURTHER INFORMATION CONTACT: Darrell Williams, REAL ID Program 
Office, Department of Homeland Security, Washington, DC 20528 (202) 
282-9829.

SUPPLEMENTARY INFORMATION:

Public Participation

    The Department of Homeland Security (DHS) invites interested 
persons to participate in this rulemaking by submitting written 
comments or data, and has requested comments on specific portions of 
this rulemaking as described in section VI below. We also invite 
comments relating to the economic, environmental, energy, or federalism 
impacts that might result from this rulemaking action. See ADDRESSES 
above for information on where to submit comments.
    With each comment, please include your name and address, identify 
the docket number at the beginning of your comments, and give the 
reason for each comment. The most helpful comments reference a specific 
portion of the rulemaking, explain the reason for any recommended 
change, and include supporting data. You may submit comments and 
material electronically, by fax, or by mail as provided under 
ADDRESSES, but please submit your comments and material by only one 
means. If you submit comments by mail, submit them in two copies, in an 
unbound format, no larger than 8.5 by 11 inches, suitable for copying 
and electronic filing.
    If you want DHS to acknowledge receipt of comments submitted by 
mail, include with your comments a self-addressed, stamped postcard on 
which the docket number appears. We will stamp the date on the postcard 
and mail it back to you.
    DHS will file in the public docket all comments received by DHS, 
except for comments containing confidential information and sensitive 
security information (SSI).\1\ DHS will consider all comments received 
on or before the closing date for comments. The docket is available for 
public inspection.
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    \1\``Sensitive Security Information'' or ``SSI'' is information 
obtained or developed in the conduct of security activities, the 
disclosure of which would constitute an unwarranted invasion of 
privacy, reveal trade secrets or privileged or confidential 
information, or be detrimental to the security of transportation. 
The protection of SSI is governed by 49 CFR part 1520.
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Handling of Confidential or Proprietary Information and Sensitive 
Security Information (SSI) Submitted in Public Comments

    Do not submit comments that include trade secrets, confidential 
commercial or financial information, or SSI to the public regulatory 
docket. Please submit such comments separately from other comments on 
the rulemaking. Comments containing this type of information should be 
appropriately marked as containing such information and submitted by 
mail to the address listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Upon receipt of such comments, DHS will not place the comments in 
the public docket and will handle them in accordance with applicable 
safeguards and restrictions on access. DHS will hold them in a separate 
file to which the public does not have access, and place a note in the 
public docket that DHS has received such materials from the commenter. 
If DHS receives a request to examine or copy this information, DHS will 
treat it as any other request under the Freedom of Information Act 
(FOIA) (5 U.S.C. 552) and the Department of Homeland Security's (DHS') 
FOIA regulations found in 6 CFR part 5.

Reviewing Comments in the Docket

    Please be aware that anyone is able to search the electronic form 
of all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review the applicable Privacy Act Statement published at 
www.regulations.gov. You may also review the comments in the public 
docket on the Internet at https://www.regulations.gov.

Availability of Rulemaking Document

    You can get an electronic copy using the Internet by--
    (1) Searching on www.regulations.gov by docket number or title, or
    (2) Accessing the Government Printing Office's Web page at https://
www.gpoaccess.gov/fr/.
    In addition, copies are available by writing or calling the 
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to 
identify the docket number of this rulemaking.

Abbreviations and Terms Used in This Document

AAMVA--American Association of Motor Vehicle Administrators
CAC--Department of Defense Common Access Card
CBP--Customs and Border Protection
CDLIS--Commercial Driver's License Information System
CHRC--Criminal History Records Check
CRBA--Consular Report of Birth Abroad
DHS--Department of Homeland Security
DMV--Department of Motor Vehicles
DOS--Department of State
DOT--Department of Transportation
EAD--Employment Authorization Document
EVVE--Electronic Verification of Vital Events
HHS--Department of Health and Human Services
IAFIS--Integrated Automated Fingerprint Identification
ICAO--International Civil Aviation Organization
ID--Identification Card
LPR--Lawful Permanent Resident
MRT--Machine Readable Technology

[[Page 10821]]

MRZ--Machine Readable Zone
NCSL--National Conference of State Legislatures
NCIC--National Crime Information Center
NGA--National Governors Association
NPRM--Notice of Proposed Rulemaking
PDPS--Problem Driver Pointer System
SAVE--Systematic Alien Verification for Entitlements
SEVIS--Student and Exchange Visitor Information System
SSA--Social Security Administration
SSI--Sensitive Security Information
SSN--Social Security Number
SSOLV--Social Security On-Line Verification
TIF--Tagged Image Format
TSA--Transportation Security Administration
TWIC--Transportation Worker Identification Credential
USCIS--U.S. Citizenship and Immigration Services
VWP--Visa Waiver Program
WHTI--Western Hemisphere Travel Initiative

Table of Contents

I. Background
    A. Statutory Authority
    B. Consultation With States, Non-Governmental Organizations, and 
the Department of Transportation
    C. Summary of the Proposed Rule
II. Analysis of this Proposed Rule
    A. Scope and Applicability
    1. Definition of ``Official Purpose''
    2. Definition of ``REAL ID driver's license or identification 
card''
    3. Definition of ``Identification Card''
    B. Compliance Period
    C. Privacy Considerations
    D. Document Standards for Issuing a REAL ID Driver's License or 
Identification Card
    1. Documents Required for Proving Identity
    2. Additional Documents Considered and Rejected for Proof of 
Identity
    3. Other Documentation Requirements
    E. Verification of Information Presented
    1. Verification of ``Address of Principal Residence''
    2. Verification of Identity Information
    3. Verification of Lawful Status
    4. Verification of Date of Birth
    5. Verification of Social Security Account Number or 
Ineligibility
    6. Connectivity to Systems and Databases Required for 
Verification
    F. Exceptions Processing for Extraordinary Circumstances
    G. Temporary Driver's Licenses and Identification Cards
    H. Minimum Driver's License or Identification Card Data Element 
Requirements
    1. Full Legal Name
    2. Driver's License or Identification Card Number
    3. Digital Photograph
    4. Address of Principal Residence
    5. Signature
    6. Physical Security Features
    7. Privacy of the Information Stored on the Driver's License or 
Identification Card
    8. Machine-Readable Technology (MRT)
    9. Encryption
    I. Validity Period and Renewals of Driver's Licenses and 
Identification Cards
    1. Remote/Non-In-Person Renewals
    2. In-Person Renewals
    J. Source Document Retention
    K. Security of DMV Facilities Where Driver's Licenses and 
Identification Cards are Manufactured and Produced; Facility 
Security Plans
    1. Background Checks for Certain Employees
    2. Physical/Logical Security
    3. Document Security Features on Driver's Licenses and 
Identification Cards
    4. Security of Information Stored in the DMV Database
    5. Security of Personal Data and Documents Collected and Managed 
Under the Act
III. State Certification Process
IV. Driver's Licenses and Identification Cards That Do Not Meet the 
Standards of Subparts A and B of These Regulations
V. Section 7209 of the Intelligence Reform and Terrorism Prevention 
Act of 2004
VI. Solicitation of Comments
VII. Regulatory Analyses

I. Background

A. Statutory Authority

    The REAL ID Act of 2005 \2\ (the Act) prohibits Federal agencies, 
effective May 11, 2008, from accepting a driver's license or DMV-issued 
personal identification card issued by a State for an official purpose 
unless the issuing State is meeting the requirements of the Act. The 
Act requires DHS to determine whether a State is meeting the Act's 
requirements based upon certifications submitted by each State in a 
manner prescribed by DHS. The Secretary of Homeland Security is 
authorized under section 203 of the Act to issue regulations as 
necessary to set the standards required under the Act. This rule 
proposes implementation standards for States to meet the Act's 
requirements for issuance of driver's licenses and identification cards 
intended for acceptance by Federal agencies for official purposes.
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    \2\ Division B--REAL ID Act of 2005, the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and 
Tsunami Relief, 2005, Pub. L. 109-13, 119 Stat. 231, 302 (2005) 
(codified at 49 U.S.C. 30301 note).
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    The Act sets forth minimum document requirements, minimum driver's 
license and identification card issuance standards, and other 
requirements, including the following--
     Information and features that must appear on the face of 
the driver's license or identification card, and inclusion of a common 
machine-readable portion of a driver's license or identification card;
     Presentation and verification of information an applicant 
must provide before a driver's license or identification card may be 
issued, including evidence that the applicant is a U.S. citizen or has 
lawful status in the United States;
     Physical security of locations where driver's licenses and 
identification cards are produced, the security of document materials 
and papers from which driver's licenses and identification cards are 
produced, and the background check of certain employees involved in the 
manufacture and production of licenses, and;
     Physical security of the driver's licenses and 
identification cards to prevent tampering, counterfeiting, and 
duplication of the documents for a fraudulent purpose.
    The Act also permits a State otherwise in compliance with the Act 
to issue driver's licenses and identification cards that do not conform 
to the Act's requirements. Such driver's licenses and identification 
cards, however, cannot be used for an official purpose and must clearly 
state on the face of the card that a Federal agency may not use it for 
an official purpose. The State also must use a unique design or color 
indicator so that it is readily apparent to Federal agency personnel 
that the card is not to be accepted for an official purpose.
    Section 203 of the Act amends 18 U.S.C. 1028(a) to establish a 
Federal criminal penalty for persons who knowingly traffic in actual 
authentication features for use in fraudulent identification cards.

B. Consultation With the States, Non-Governmental Organizations, and 
the Department of Transportation

    Section 205(a) of the Act requires that any regulations, standards, 
or grants under the Act be carried out in consultation with the 
Secretary of Transportation and the States. DHS has met and consulted 
with the Department of Transportation (DOT), and formed an interagency 
work group to develop these proposed regulations. DOT and other Federal 
agencies with an interest in this rulemaking participated actively in 
the work group.
    DHS has also consulted with State officials and State 
representative associations in the development of this proposed rule 
through meetings and conference calls in 2005 and 2006. Many States and 
State representative associations participated in these events and 
submitted written comments for consideration in the development of this 
proposed rule. These are available for inspection in the public docket.
    In particular, DHS received comments from the National Governors

[[Page 10822]]

Association (NGA), the National Conference of State Legislatures 
(NCSL), and the American Association of Motor Vehicle Administrators 
(AAMVA), which aggregated responses from 48 jurisdictions impacted by 
REAL ID, including 46 States, American Samoa, and the District of 
Columbia. DHS also met with various non-governmental organizations 
(NGOs), particularly civil rights, privacy and religious groups. The 
States and NGOs raised a series of concerns about the requirements 
mandated under the Act. A summary of these concerns is outlined below. 
DHS addresses each of these concerns in the discussion of the proposed 
requirements under this rule in section II.
    One of the first issues of concern to the States was the brief 
period for compliance. There was concern that DHS would interpret the 
Act in such a way as to require that all driver's licenses and 
identification cards nationally be brought into compliance with the Act 
by May 2008, an impossible task according to the States. The States 
instead suggested a ``date forward'' approach, which we have proposed 
to adopt as a phase-in period through May 2013.
    The detailed requirements of the Act, particularly requirements for 
original documents and proof of principal residence, also raised State 
concerns that individuals, through no fault of their own, might not be 
able to meet certain requirements of the Act. The States advocated for 
an exceptions process to accommodate certain circumstances (victims of 
natural disasters such as Hurricanes Katrina and Rita who no longer 
have certain documents, or elderly individuals with no birth 
certificate, for example). We understand these concerns and therefore 
propose that the States adopt an exceptions process in their 
Departments of Motor Vehicles (DMVs) that will be monitored by the 
State and included as part of the State's certification process to DHS. 
This exception process would include any difficulties arising from 
attempts to verify birth information for individuals born before 1935, 
who, due to various considerations, may not have been issued birth 
certificates.
    The Act requires States to subject certain individuals involved in 
the manufacture and production of driver's licenses and identification 
cards to appropriate background checks. The States have suggested to 
DHS that, due to the unique structure of each State's DMV system, the 
identification of positions that should be subject to this requirement 
be left up to the States. DHS agrees with this proposal. The States 
have also proposed that new hires be allowed to begin work at the DMVs 
while their background check is pending. DHS understands that the 
States must have flexibility in their hiring, and therefore proposes 
that States place new employees in positions that are not subject to 
the background check until the check is complete and satisfaction of 
employment conditions for the covered position is determined.
    The States have indicated to DHS that the Act will lead to an 
increase in the number of required in-person visits to DMVs. Generally 
speaking, the States have sought to utilize alternate service channels 
(particularly the internet and services by mail) to reduce the required 
number of in-person visits to DMVs, as a means of reducing State costs 
and improving service to customers. The States have, therefore, 
expressed particular concerns with the renewal process under REAL ID. 
DHS understands these concerns and is therefore proposing that States 
continue their remote renewal procedures, as long as they establish a 
procedure to verify the identity of individuals applying for renewal 
remotely, maintain images of the source documents the individual used 
to obtain a REAL ID driver's license or identification card, and 
establish a procedure to re-verify the information on the source 
documents retained by the State. DHS proposes, however, that 
individuals with temporary REAL ID driver's licenses or temporary 
identification cards renew their documents in person, in order to 
present evidence of continued lawful status.

C. Summary of the Proposed Rule

    DHS proposes to issue REAL ID regulations that create minimum 
standards for State driver's licenses and identification cards that 
Federal agencies can accept for official purposes on or after May 11, 
2008. Under this proposal, States must certify that they are in 
compliance with these requirements, and DHS must concur, before the 
driver's licenses and identification cards that the States issue may be 
accepted by Federal agencies for official purposes on or after May 11, 
2008. Because DHS recognizes that not all driver's licenses and 
identification cards can be reissued by May 11, 2008, the proposal 
provides a five-year phase-in period for driver's license or 
identification card renewals. All driver's licenses and identification 
cards that are intended to be accepted for official purposes as defined 
in these regulations must be REAL ID licenses and identification cards 
by May 11, 2013
    Key features of the proposal include:
     Applicant documentation. States would require individuals 
obtaining driver's licenses or personal identification cards to present 
documentation to establish identity; U.S. citizenship or lawful 
immigration status as defined by the Act; date of birth; social 
security number (SSN) or ineligibility for SSN; and principal 
residence. States may establish an exceptions process for the 
documentation requirement, provided that each such exception is fully 
detailed in the applicant's motor vehicle record.
     Verification requirements. States would verify the 
issuance, validity, and completeness of a document presented. This 
proposal specifies electronic verification methods depending on the 
category of the documents.
     Information on driver's licenses and identification cards. 
The following information would be required to appear on State-issued 
driver's licenses and identification cards: full legal name, date of 
birth, gender, a unique driver's license or identification card number 
(not the SSN), a full facial digital photograph, address of principal 
residence (with certain exceptions), issue and expiration dates, 
signature, physical security features and a common machine-readable 
technology (MRT).
     Security features on the card. The proposal contains 
standards for physical security features on the card designed to 
prevent tampering, counterfeiting or duplication for a fraudulent 
purpose, and a common MRT with defined data elements.
     Physical security/security plans. Each State must prepare 
a comprehensive security plan for all State DMV offices and driver's 
license/identification card storage and production facilities, 
databases and systems and submit these plans to DHS as part of its 
certification package.
     Employee background checks. States would conduct name-
based and fingerprint-based criminal history records checks against 
State criminal records and the FBI's NCIC and IAFIS, respectively, on 
certain employees working in State DMVs who have the ability to affect 
the identity information that appears on the driver's license or 
identification card, who have access to the production process, or who 
are involved in the manufacture of the driver's licenses and 
identification cards. States would pay a fee to FBI to cover the cost 
of this check. States would also conduct a financial history check on 
these employees.
     State certification process. Similar to DOT regulations 
governing State

[[Page 10823]]

administration of commercial driver's licenses (49 CFR part 383), 
States will be required to submit a certification and specified 
documents to DHS to demonstrate compliance with these regulations and 
demonstrate continued compliance annually.
     Database connectivity. States would be required to provide 
electronic access to specific information contained in the motor 
vehicle database of the State to all other States.

II. Analysis of This Proposed Rule

A. Scope and Applicability

    The Act does not require any State to issue REAL ID driver's 
licenses and identification cards. States may choose to issue driver's 
licenses and identification cards that cannot be accepted by Federal 
agencies for official purposes (referred to in this document as ``non-
REAL ID driver's licenses and identification cards''). This proposed 
rule would apply to States and territories that choose to issue 
driver's licenses and identification cards that Federal agencies can 
accept for official purposes. Consistent with section 202(d)(11) of the 
Act, this rule also proposes requirements for issuance of non-REAL ID 
driver's licenses (as well as non-REAL ID identification cards) by 
States in compliance with the Act. Under this proposed rule, 
individuals can hold only one valid REAL ID driver's license or 
identification card at a time.
    DHS understands that at present an individual may hold active 
driver's licenses in multiple jurisdictions. Although DHS is not 
regulating issuance of non-REAL ID driver's licenses beyond what is 
required in the REAL ID Act, DHS wishes to further the concept of ``one 
driver, one record, one record of jurisdiction'' and seeks comment on 
how the REAL ID Act may be implemented to discourage the issuance of 
multiple non-REAL ID driver's licenses to an individual, or what steps 
States can take to ensure individuals are not holding multiple driver's 
licenses from multiple States.
1. Definition of ``Official Purpose''
    Section 201(3) of the Act provides that the term ``official 
purpose'' ``includes but is not limited to accessing Federal 
facilities, boarding Federally-regulated commercial aircraft, entering 
nuclear power plants, and any other purposes that the Secretary shall 
determine.'' DHS proposes to limit the regulatory definition of 
``official purpose'' at this time, to those purposes expressly stated 
in the Act--accessing Federal facilities, boarding commercial aircraft, 
and entering nuclear power plants. DHS, under the discretionary 
authority granted to the Secretary of Homeland Security under the Act, 
may expand this definition in the future. DHS seeks comment on the 
proposed scope of ``official purpose,'' and how DHS could expand this 
definition to other federal activities.
    DHS considered including the acquisition of Federally-issued 
identification documents, such as a Transportation Worker 
Identification Card (TWIC), military Common Access Card (CAC), 
passport, or PASSport card within the proposed definition of ``official 
purpose.'' To do so would be consistent with the concept of 
strengthening the reliability of identity documents, one of the primary 
objectives of the Act. However, since no State would be required to 
have all of its citizens possess Real ID driver's licenses and 
identification cards until May 2013, DHS concluded that it would be 
premature to require Federal agencies to accept only Real ID driver's 
licenses and identification cards during the phase-in period and that 
the imposition of such a requirement could inhibit individuals from 
obtaining these necessary forms of Federal identification.
    Federal agencies themselves do not currently examine identification 
from all individuals seeking to board regulated commercial aircraft or 
to enter nuclear power plants. In the case of aircraft, often it is 
aircraft operators that examine driver's licenses or other 
identification credentials of individuals seeking entry to the sterile 
area of an airport. However, they do so in compliance with requirements 
in security programs issued pursuant to TSA regulations. DHS interprets 
the language of the REAL ID statute to mean that when nongovernmental 
entities require identification for the scope of activities considered 
``official purposes'' in compliance with Federal requirements, and an 
individual presents a driver's license or DMV-issued identification 
card, the REAL ID Act's federal acceptance requirements would also 
apply to these nongovernmental entities.
    These regulations are not intended to change current admittance 
practices at Federal facilities. If a Federal facility does not 
currently require presentation of photo identification prior to entry, 
the Act and these proposed regulations would not require that process 
to change. Similarly, if a Federal facility currently accepts 
identification other than a State-issued driver's license or 
identification card, the Act and these proposed regulations do not 
require that the agency refuse to accept such other forms of 
identification. If the individual intends to use a State-issued 
driver's license or identification card, however, it must be one that 
is issued by a State that is complying with the REAL ID Act.
2. Definition of ``REAL ID Driver's License or Identification Card''
    Throughout this proposed rule, driver's licenses and identification 
cards issued under these regulations that Federal agencies may accept 
for official purposes are referred to as ``REAL ID driver's licenses 
and identification cards.'' The term ``REAL ID driver's licenses and 
identification cards'' includes driver's licenses and identification 
cards issued by State DMVs (or other State agencies with comparable 
responsibility for issuing driver's licenses and identification cards) 
to U.S. citizens and Lawful Permanent Residents (LPRs) of the United 
States for a maximum renewable period of eight years. The term ``REAL 
ID driver's licenses and identification cards'' also includes driver's 
licenses and identification cards acceptable for official purposes that 
are issued to aliens legally present in the United States for a finite 
period of time, upon verification of their current lawful status for 
the period of their authorized length of stay, or for one year, if no 
length of stay is specified. In instances where the proposed regulation 
discusses these temporary driver's licenses and identification cards 
independently, these types of REAL ID licenses and identification cards 
are referred to as ``temporary REAL ID driver's licenses and 
identification cards.''
3. Definition of ``Identification Card''
    Section 201(2) of the Act defines ``identification card'' to mean 
``a personal identification card, as defined in section 1028(d) of 
title 18 United States Code, issued by a State.'' In turn, 18 U.S.C. 
1028(d) defines this term, in pertinent part, to mean ``a document made 
or issued by or under the authority of * * * a State [or] a political 
subdivision of a State * * * which, when completed with information 
concerning a particular individual, is of a type intended or commonly 
accepted for the purpose of identification of individuals[.]'' Section 
201(2), by its express terms, could cover any identification card 
issued by or under the authority of a State, including identification 
cards for State-chartered universities and colleges, and cards issued 
by State agencies to obtain public benefits. At this time, DHS is 
limiting the scope of this definition to identification cards issued by 
State

[[Page 10824]]

DMVs or other State offices with comparable responsibility for issuing 
driver's licenses.
    DHS believes that these additional documents mentioned above are 
not currently accepted as identification documents to the same degree 
as State-issued driver's licenses and identification cards issued by a 
State DMV. In addition, it would be unduly burdensome at this time for 
DHS to require that the issuers of these additional documents comply 
with these proposed standards, since DMVs have been considering the 
Act's requirements for some time, and it is likely that universities 
and other State entities have not.

B. Compliance Period

    Section 202(a)(3) of the Act provides that, ``[b]eginning 3 years 
after the date of enactment of this division, a Federal agency may not 
accept, for any official purpose, a driver's license or identification 
card issued by a State to any person unless the State is meeting the 
requirements of this section.'' The Act further states that DHS ``shall 
determine whether a State is meeting the requirements of [the Act] 
based on certifications made by the State to the Secretary.'' Id., 
(a)(2). DHS, the Department charged with implementing and enforcing the 
REAL ID Act requirements for identification standards, interprets the 
compliance provision to mean that effective on May 11, 2008, Federal 
officials will be prohibited from accepting State-issued driver's 
licenses and identification cards for official purpose unless the State 
has submitted the required certification or extension application to 
DHS and DHS has determined that the State is meeting the requirements 
of the Act. DHS is proposing under this rule to find that a State 
certification is sufficient for compliance under the Act if the State 
has established a program that ensures the State's DMVs will begin 
issuing driver's licenses and identification cards that meet the 
requirements of the Act and standards proposed under this regulation 
beginning May 11, 2008. DHS does not interpret the Act as requiring the 
States to recall and reissue all driver's licenses and identification 
cards by May 11, 2008. Rather, States will be able to replace all 
driver's licenses and identification cards with REAL ID driver's 
licenses and identification cards intended to be accepted for official 
purposes by May 11, 2013.
    Accordingly, DHS proposes the following compliance requirements:
    (1) Each State must submit its certification package to DHS on its 
REAL ID driver's license and identification card programs no later than 
February 10, 2008, 90 days before the May 11, 2008 compliance date 
required under the Act. DHS strongly encourages States to communicate 
their intent to certify compliance or request an extension by October 
1, 2007;
    (2) DHS will not find that a State is meeting the requirements of 
the Act if the State's certification does not demonstrate that the all 
REAL ID driver's licenses and identification cards issued by the State 
on or after May 11, 2008, will meet the standards required under the 
Act and proposed under these regulations, unless the State has sought 
and received an extension;
    (3) For unexpired driver's licenses and identification cards issued 
prior to May 11, 2008, DHS proposes a five-year phase-in period to 
allow individuals to apply for and receive new driver's licenses and 
identification cards that comply with these rules. These driver's 
licenses and identification cards would be acceptable for official 
purposes until they expire, or until the phase-in period ends, on May 
10, 2013--whichever is earlier. Driver's licenses and identification 
cards issued before May 11, 2008 that do not expire until after the 
phase-in period ends would have to be exchanged for driver's licenses 
and identification cards issued under the new rules in order to be 
accepted by Federal agencies for official purposes after May 10, 2013.
    If a driver's license or identification card that would not 
otherwise expire until after May 11, 2008 needs to be reissued by a 
State prior to its expiration date, DHS is proposing that the driver's 
license or identification card must meet the new standards at the time 
it is reissued. This reissuance would occur, for example, if a driver's 
license or identification card has been lost or stolen and needs to be 
replaced, or if changes in information occur which would cause the DMV 
to issue a new driver's license or identification card.
    Under section 205(b) of the Act, DHS may grant an extension of time 
to meet the requirements of the Act if the State provides adequate 
justification. DHS recognizes that many States need a final rule in 
order to guide their implementation efforts. Many States have informed 
DHS that, absent sufficient time to consider and act upon the final 
rule, the States will not be in a position to comply with the Act and 
the final rule. In recognition of this fact, DHS is establishing a 
mechanism where States can request an expedited extension of the 
compliance deadline. States may request an extension based on the lack 
of a final REAL ID rule by filing such a request no later than October 
1, 2007. Based on information already received by DHS, and absent 
extraordinary circumstances, an extension request will be deemed 
justified for a period lasting until, but not beyond, December 31, 
2009.
    Under this provision of the Act, DHS also intends to issue 
compliance guidance to the States. This guidance will set forth 
benchmarks or best practices against which progress toward full 
compliance will be measured and to assist States in drafting the 
certification packages. As proposed in this rule, DHS would require 
submission of certifications no later than February 10, 2008, but the 
Department strongly encourages States to submit certification packages 
by October 1, 2007. State certification packages should include 
milestones, schedules, and estimated resources needed to meet all the 
requirements of the final rule no later than May 11, 2008. States will 
resubmit and DHS will re-evaluate State plans on an annual basis until 
all requirements of this rule are met. DHS welcomes comments from the 
States on appropriate benchmarks for measuring progress toward meeting 
the requirements of this rule and on specific resource and schedule 
constraints in meeting these benchmarks.

C. Privacy Considerations

    The public has long been accustomed to providing personal 
information for the purpose of obtaining driver's licenses and 
identification cards and to having this information printed on driver's 
licenses. Most States already include this information in a machine 
readable technology (MRT). With the enactment of the REAL ID Act, 
however, there has been increased attention to the privacy 
ramifications involving the information that will appear on the 
licenses and identification cards and the exchange of information. Some 
have raised concerns that the Act could create an increased risk of 
identity theft and erode privacy, or be a stepping-stone to a national 
identity card.
    A frequently-heard concern relates to the amount of additional 
information the Federal Government will have about driver's license 
holders and what the Federal Government will do with that data. In 
fact, however, neither the Real ID Act nor these proposed regulations 
gives the Federal Government any greater access to information than it 
had before. Moreover, there is no information about a licensee that the 
Federal Government will store that it is not already required to store.
    As described below, DHS has sought to address these privacy 
concerns within the limits of its authority under

[[Page 10825]]

the Act.\3\ At the Federal level, only the Driver's Privacy Protection 
Act of 1994 (DPPA) \4\ addresses the privacy of motor vehicle records, 
but its protections are limited. Although it addresses the use and 
disclosure of personal information stored in State motor vehicle 
records, the DPPA does not provides privacy protections for the 
personal information stored on the licenses themselves or set any 
security requirements for the motor vehicle databases. DHS has sought 
in the NPRM to provide for appropriate privacy and security protections 
to the extent of its authority.
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    \3\ The Act does not include statutory language authorizing DHS 
to prescribe privacy requirements for the state-controlled databases 
or data exchange necessary to implement the Act. This is in sharp 
contrast with the express authorization provided in section 7212 of 
IRTPA, which was the prior state licensing provision repealed by the 
Real ID Act. Section 7212(b)(3)(E) of IRTPA stated that the Federal 
regulations ``shall include procedures and requirements to protect 
the privacy rights of individuals who apply for and hold driver's 
licenses and personal identification cards.''
    \4\ Pub. L. 103-322 as amended by Pub. L. 106-69, 18 U.S.C. 2721 
et seq.
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    This section of the NPRM will summarize the requirements of the Act 
that potentially have the greatest impact on privacy, the extent to 
which those requirements change current State driver's licensing 
practices, and how DHS intends to address privacy concerns regarding 
the Act. This analysis will address the three key privacy issues posed 
by the Act: (1) The connectivity of the databases; (2) the protection 
of the personal information stored in the State databases; and (3) the 
protection of the personal information stored on machine readable 
technology on the DL/IDs. We invite comments on whether the steps 
outlined below and otherwise discussed within the NPRM are appropriate 
and adequate.
1. Connectivity of Databases Mandated by the Act
    One voiced privacy concern regarding the Act is that it will create 
a national identity card and centralized database on all drivers. This 
concern stems from the provisions in the Act requiring that the 
individual States electronically verify application information against 
Federal databases and provide State-to-State access to verify that each 
applicant only holds a valid license in one jurisdiction. DHS envisions 
that the operation of both the State data query of Federal reference 
databases and the State-to-State data exchanges will be left to the 
States, as is currently the practice in driver's licensing.
    As discussed below and in section II.E.6 of the NPRM, the 
recommended architecture for implementing these data exchanges does not 
create a national database, because it leaves the decision of how to 
conduct the exchanges in the hands of the States. Moreover, no Federal 
agency will operate the data exchanges affecting non-commercial 
driver's licensing.\5\
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    \5\ The database connectivity mandated by the REAL ID Act is in 
addition to the database connectivity/functionality required to 
implement the Department of Transportation's existing control over 
commercial driver's licensing. In addition, law enforcement already 
have access directly to a State's driver history via the National 
Law Enforcement Telecommunication System (NLETS), which is the 
International Justice & Public Safety Information Sharing Network, a 
message switching system serving the criminal justice community. 
NLETS is a not-for-profit organization owned and governed by the 
States.
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    a. The State Data Query of Federal Reference Databases. Section 
202(c)(3)(A) of the REAL ID Act requires that, before issuing a license 
or ID, a State verify with the issuing agency, the ``issuance, 
validity, and completeness of each document required to be presented.'' 
Given that it is very difficult to validate that the source documents 
provided by applicants are genuine and have not been altered, certain 
identifying data contained in the source documents will be checked 
against authoritative Federal databases as described in more detail in 
section II.E. of the NPRM.
    As described in section II.E., many State DMVs already access one 
or more of these databases as part of their current licensing 
processes. The fact, however, that this data verification may now be 
done by all 56 jurisdictions heightens privacy concerns. The proposed 
rule seeks to address many of these issues by leaving the operation of 
this data query, including the development of the business rules, to 
the States. The rule proposes to require individual States to document 
their business rules for reconciling data quality and formatting issues 
and urges States to develop best practices and common business rules by 
means of a collective governance structure.
    A very important example of how administration of this data query 
will be left to the States is the commitment by DHS to support the 
development of a ``federated querying service'' to enable the States to 
access the Federal reference databases in a timely, secure, and cost-
effective manner. (See section II.E.6.) Most States already query some 
of these reference databases either directly or indirectly through a 
portal provided by AAMVA. DHS is committed to the expedited development 
and deployment of a common querying service to facilitate the State DMV 
queries for REAL ID data verification.
    To address the privacy concerns posed by such a service, the NPRM 
makes clear that this service will only enable State DMVs to query 
Federal systems. The purpose of this federated querying service will be 
to minimize the impact of data verification on State DMV business 
processes and reduce the costs of data access. So while DHS will 
support the development of a querying service, it will not operate this 
service.
    Moreover, use of this federated querying service will be voluntary, 
and States may choose to maintain or establish direct access to the 
reference databases; combine direct access with partial use of a common 
service; or verify applicant data against the reference databases in 
some other manner. The proposal by DHS to leave the operation of 
licensing verification with the States should resolve concerns about a 
centralized database operated by the Federal Government.
    In addition, as part of the State certification mandated by section 
202(a)(2) of the Act, each State will be required to prepare a 
comprehensive security plan for its DMV offices and driver's license 
storage and production facilities, databases, and systems utilized for 
collecting, disseminating or storing information used in the issuance 
of REAL ID licenses. As part of this requirement, DHS will require that 
each State include in its annual certification information as to how 
the State will protect the privacy of the data collected, used, and 
maintained in connection with REAL ID, including all the source 
documents.
    b. The State-to-State Data Exchange. Section 202(d)(12) of the Act 
mandates that States provide electronic access to information contained 
in the motor vehicle database of the State to all other States; and 
section 202(d)(13) requires that the State motor vehicle database 
contains, at a minimum, all data fields printed on driver's licenses 
and identification cards, and motor vehicle driver's histories, 
including motor vehicle violations, suspensions, and points on 
licenses.\6\ These two provisions mandate the State-to-State data 
exchange, however, the NPRM contemplates that the States will work out 
the business process and data access rules necessary to implement these 
provisions prior to May 11, 2008 by means of a collective governance 
structure.
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    \6\ The information available in each jurisdiction's database 
varies, but generally they already store what is required by the 
Act.

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[[Page 10826]]

    As described in section II.E., below, although the REAL ID Act 
creates a requirement for this State-to-State data exchange, such an 
exchange already exists under the Department of Transportation's (DOT) 
rules and regulations governing commercial driver's licenses (CDLs) and 
State connections to the National Driver Register (NDR)/Problem Driver 
Pointer System (PDPS) and the Commercial Driver's License Information 
System (CDLIS).\7\ These systems exchange information about commercial 
motor vehicle drivers, traffic convictions, and disqualifications.
---------------------------------------------------------------------------

    \7\ CDLIS was developed to enable record checks of the nation's 
professional truck and bus drivers. It is an enhanced pointer system 
that requires States to update records and exchange data.
---------------------------------------------------------------------------

    A State uses both the NDR/PDPS and CDLIS to check a driver's 
record, and CDLIS to make certain that the applicant does not already 
have a CDL. Under these programs, as well as the REAL ID Act, the 
primary purpose of the State-to-State data exchange is to determine if 
the applicant is unqualified and the application fraudulent; the 
purpose is not specifically to verify the applicant's identity.
    The existing State-to-State data exchange among DMVs, while focused 
on commercial driver's licensing, also impacts non-commercial license 
applicants, as States are currently required to run all license 
applicants against the PDPS and CDLIS, which are both pointer systems 
that collect limited information from each State in order to match 
against the incoming inquiries. Both systems offer some mandatory 
privacy protections. The PDPS is subject to Federal regulations 23 CFR 
1327.1 et seq., which adopts the Privacy Act of 1974 \8\ principles of 
individual participation and collection, use, and disclosure 
limitation.
---------------------------------------------------------------------------

    \8\ The Privacy Act of 1974, 5 U.S.C. 552a.
---------------------------------------------------------------------------

    DHS intends to work closely with the DOT, AAMVA, and the States to 
fulfill the requirements for State-to-State data exchange under the 
REAL ID Act, while also supporting privacy protections for this 
exchange. It has not been determined whether CDLIS or some other 
service will be the platform for the State-to-State exchange, but 
regardless of the platform, it will be necessary for the States, 
working with DHS and DOT, to define the privacy protections for any 
State-to-State data exchange. DHS and DOT will collaborate with states 
on the privacy protections and access provisions for any State-to-State 
data exchange.
    For example, with support from the DHS Privacy Office, 
representatives of the DMVs of California, Iowa, Massachusetts, and New 
York formed a Federation in July 2006 to identify a collective 
governance structure for the State-to-State data exchange and to begin 
to develop business rules, including privacy protections. This 
Federation has recently joined with the AAMVA REAL ID Steering 
Committee to develop an independent governance structure for the State-
to-State data exchange. The development of privacy protective business 
rules, standards, and governance mechanisms will be central to ensuring 
that the privacy of license holders is protected.
2. Protection of the Personal Information Stored in State Databases
    As discussed at the outset of this section, the DPPA only addresses 
disclosure of motor vehicle record information but does not address the 
security of the motor vehicle record information or databases. The REAL 
ID Act, however, calls for DHS to issue regulations that ``ensure the 
physical security of locations where licenses and identification cards 
are produced and the security of document materials and papers from 
which driver's licenses and identification cards are produced.''
    DHS believes that this language provides authority for it to define 
basic security program requirements to ensure the integrity of the 
licenses and identification cards. The NPRM, therefore, proposes that 
each State submit as part of the REAL ID Act certification process a 
written, comprehensive, security plan. This requirement provides an 
important safeguard for the personal information collected, maintained, 
and used by State motor vehicles offices, and it will help assure the 
public that their information is being handled appropriately. (See NPRM 
section II.K., below.)
    As part of its security plan, each State is also required to 
outline how the State will protect the privacy of personal information 
collected, disseminated or stored in connection with the issuance of 
REAL ID licenses from unauthorized access, misuse, fraud, and identity 
theft. Each State must prepare these plans to cover all State DMV 
offices and driver's license storage and production facilities, 
databases and systems and submit them as part of its comprehensive 
security plan.
    The State's certification should demonstrate that it has 
implemented best practices to protect the privacy of the license holder 
as guided by the fair information principles, which call for openness, 
individual participation (access, correction, and redress), purpose 
specification, data minimization, use and disclosure limitation, data 
quality and integrity, security safeguards, and accountability and 
auditing. These principles are widely recognized and embodied in 
numerous Federal, State, and international law and codes of practice.
    DHS requests comments on recommended best practices for protecting 
the privacy of the personal information stored in the various State 
motor vehicle databases pertaining to the requirements under this Act.
3. Protection of the Personal Information Stored in the Machine 
Readable Technology
    The REAL ID Act standardizes the minimum personal information on 
REAL ID driver's licenses and identification cards, and mandates a 
machine readable technology. DHS is sensitive to the privacy concerns 
raised by the potential for non-governmental third parties to collect 
and use the personal information on REAL ID driver's licenses and 
identification cards. As discussed in sections II.H.7-9, DHS is 
recommending that States use the PDF-417 2D bar code and DHS leans 
toward recommending that States protect the personally identifiable 
information stored in this 2D bar code by requiring encryption, if the 
operational complexity of deploying a nationwide encryption 
infrastructure to process access by law enforcement can be addressed.
4. Conclusion
    In summary, DHS has proposed the following privacy protections in 
its implementing regulations for the REAL ID Act: (1) The State-to-
State data exchanges and the State data query of Federal reference 
databases will be State operated and governed; (2) as part of the State 
certification process, States will be required to submit a 
comprehensive security plan, including information as to how the State 
implements fair information principles; and (3) while acknowledging the 
benefits of employing encryption of the personal information stored on 
the identification cards, we invite comment on its feasibility and 
costs and benefits to ensure that its costs do not outweigh the 
benefits to privacy.
    These protections are intended to serve as a floor and do not 
prevent the States from using their own statutory or executive 
authority to provide additional privacy protections, consistent with 
Federal law, for the personal information stored on the REAL ID 
licenses and in their databases. DHS intends to work closely with the 
States as they develop the information

[[Page 10827]]

system(s) necessary for querying appropriate Federal and State 
databases to verify the information contained in the source documents 
and to determine lawful status of applicants. DHS expects that any 
system developed for purposes of the REAL ID Act will build in 
appropriate privacy and security mechanisms to reduce the risk of 
unauthorized access, misuse, fraud, and identity theft.
    DHS believes that protecting the privacy of the personal 
information associated with implementation of the REAL ID Act is 
critical to maintaining the public trust that Government can provide 
basic services to its citizens while preserving their privacy. DHS 
recognizes the significant privacy issues that are associated with the 
Act. The public is encouraged to comment on the privacy and security 
issues associated with implementation of the Act in order to ensure 
that the final rule implementing this statute reflects sufficient 
public input on these important issues, which could include the 
requirements of State comprehensive security plans; access to 
information collected by States pursuant to the REAL ID Act and the 
protection of such information stored in State databases; and the 
operation and governance of electronic verification by States of 
driver's license application information.

D. Document Standards for Issuing a REAL ID Driver's License or 
Identification Card

    Section 202(c)(1) and (2) of the Act requires that States issuing 
REAL ID driver's licenses and identification cards obtain and verify 
from applicants documentation establishing--
    (1) The applicant's identity, through a photo identity document, or 
a non-photo identity document that includes full legal name and date of 
birth if a photo identity document is not available;
    (2) Date of birth;
    (3) Proof of SSN or ineligibility for an SSN;
    (4) The applicant's address of principal residence; and
    (5) Lawful status in the United States.
    Currently, every State has a different list of the kind and number 
of acceptable identification documents. Many are voluminous, 
encompassing 40 or 50 different types of documents. Many States utilize 
a ``points'' system where a combination of documents accumulating a 
sufficient number of ``points'' is deemed sufficient. Others use a tier 
system of ``primary'' and ``secondary'' documents, where, for example, 
a primary (such as a passport) and a secondary (such as an electric 
bill confirming an address) are required.
    Driver's licenses are the documents used most frequently to 
establish identity and often serve as source documents to obtain other 
forms of identification. If an individual obtains a fraudulent driver's 
license or identification card, he or she can potentially engage in 
identity-based fraud, or even obtain access to areas and facilities 
where he or she might cause harm or otherwise pose a severe risk to 
security.
    Based on these considerations, DHS has determined that many of the 
documents currently accepted by DMVs and proposed by others are not 
sufficient to address Congress' direction to enhance national security. 
Many of the documents on these lists can easily be counterfeited, or 
their authenticity cannot be easily verified by the States--especially 
outside of the State of issuance. Therefore, this rule proposes a short 
list of acceptable documents for REAL ID and temporary REAL ID driver's 
licenses and identification cards.
    This approach offers several advantages from a security 
perspective. First, restricting the number of documents means that only 
the documents which DHS has found to be the most secure are chosen to 
demonstrate identity. Second, limiting the number improves the chances 
that DMV employees will be able to distinguish valid from fraudulent 
documents because there will be fewer categories of documents with 
which they will need to be familiar. Third, a smaller list of documents 
increases the ease of verifying the documents independently, a related 
statutory requirement and one that will be very effective in reducing 
document and identity fraud.
    Under the NPRM, DHS proposes that States require that applicants 
provide at least one of these documents in order to obtain a REAL ID 
driver's license or identification card. States could add additional 
documentation requirements to satisfy their own objectives, but at 
least one of the documents listed below would have to be presented for 
every application. State agencies would not be required to comply with 
these requirements when issuing driver's licenses or identification 
cards in support of the Federal Witness Security Program, codified at 
18 U.S.C. 3521 et seq., or operations by other Federal, State, or local 
criminal justice agencies. In addition, when requested by an authorized 
representative of the Federal Witness Security Program or the criminal 
justice agency, States should remove from public records appropriate 
material relating to the prior or other identities of people involved 
in the operation and should take sufficient other steps, as directed by 
appropriate officials, to safeguard the identities of such persons.
1. Documents Required for Proving Identity
    The list of acceptable documents that DHS proposes to establish 
identity for purposes of this regulation is as follows:
     A valid unexpired U.S. passport.\9\
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    \9\ A passport also includes the passport card that the 
Department of State announced in its Notice of Proposed Rulemaking 
published October 17, 2006 concerning the Western Hemisphere Travel 
Initiative (WHTI) (71 FR 60928).
---------------------------------------------------------------------------

     A certified copy of a birth certificate.
     A consular report of birth abroad.
     An unexpired permanent resident card.
     An unexpired employment authorization document (EAD).
     An unexpired foreign passport with valid U.S. visa 
affixed.
     A U.S. certificate of citizenship.
     A U.S. certificate of naturalization; or
     A REAL ID driver's license or identification card issued 
subsequent to the standards established by this regulation.
    a. A Valid Unexpired United States Passport. A U.S. passport is 
issued only by the U.S. Department of State (DOS). It may be issued 
only to United States citizens or nationals. If issued for the full 
validity period (ten years for adults; five years for minors under 16 
and for diplomatic and official bearers) it is statutory proof of U.S. 
citizenship during its period of validity. Before a U.S. passport is 
issued, the written application is carefully adjudicated to establish 
the citizenship and identity of the bearer. First-time applicants must 
appear in person. A U.S. passport has security features that include 
special paper, inks and photo printing that make it difficult to 
counterfeit or alter. Beginning in 2006, U.S. passports also contain 
the additional security feature of an integrated circuit chip 
containing the bearer's bio-data, a biometric, and unique chip 
identification information.
    b. Certified Copy of a Birth Certificate Issued by a U.S. State or 
Local Office of Public Health, Vital Records, Vital Statistics or 
Equivalent. DHS recognizes that a birth certificate is not an identity 
document in the true sense of the term. Instead, a birth certificate is 
a record that a birth took place at a particular time and place, and 
nothing (such as a photograph or other biometric) ties a particular 
person to a particular birth

[[Page 10828]]

certificate. However, section 202(c)(1)(A) of the Act states that a 
non-photo identity document is acceptable, if it includes the person's 
full legal name and date of birth. DHS believes that this strongly 
suggests that Congress intended to maintain the use of the birth 
certificate for this purpose, recognizing the longstanding practice 
that birth certificates are used to obtain driver's licenses and 
identification cards. DHS also understands that the vast majority of 
driver's license and identification card applicants may only have a 
birth certificate available for this purpose; while U.S. citizens could 
use a U.S. passport, passports are currently held only by an estimated 
25 percent of Americans.
    To achieve security objectives, DHS is proposing that only 
certified copies of birth certificates that include the individual's 
full name and can be verified by a State vital statistics, public 
health, or similar office would be acceptable. Interpreting this more 
broadly could result in a myriad of non-secure, non-verifiable 
documentation being used to obtain a driver's license or identification 
card. Given the fact that Congress specified that the requirements 
enumerated in section 202(c)(11) were a ``minimum,'' and given also the 
serious security implications associated with other implementation 
considerations included in Title II of the Act, DHS believes that it 
has the necessary authority to interpret this clause narrowly. 
Accordingly, this regulation interprets section 202(c)(1)(A) to mean 
only a certified copy of a birth certificate, and only one issued 
pursuant to the other requirements discussed in this section. These 
regulations do not preclude a State that accepts a birth certificate as 
the applicant's identity document from requiring the individual to also 
present one or more forms of photo identification to substantiate his 
or her claimed identity.
    A corollary issue considered by DHS is whether to recognize delayed 
birth certificates issued more than one year after the birth itself. 
While these cases are relatively few, States have established 
procedures in place for adjudicating these claims and require evidence 
to prove the actual occurrence of the birth prior to issuing the birth 
certificate. Therefore, delayed birth certificates lawfully issued by 
the States will also be acceptable as an identity document.
    c. DOS Consular Report of Birth Abroad of a Citizen of the United 
States, FS-240; and DS-1350 and FS-545. The Consular Report of Birth 
Abroad (CRBA), FS-240, is a document issued by a United States consular 
officer to a person born abroad who acquired United States citizenship 
at birth. It is statutory proof of U.S. citizenship. The parent of a 
child acquiring U.S. citizenship at birth abroad must apply for the 
CRBA before the child's 18th birthday, and must document the child's 
acquisition of U.S. citizenship. The CRBA is printed on secure paper in 
a format that resembles a state birth certificate. There are two other 
DOS documents issued for U.S. citizens born abroad and acquiring U.S. 
citizenship at bir