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REAL ID Overview

Presentation for: National Conference of State Legislatures

April 24, 2008

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The Current RealityA state issued driver’s license or identification card is widely recognized by federal, state, county, local, and private/commercial organizations as a trusted means of identification. It grants the bearer legitimacy in numerous areas of public and private business.

The abundance of fraudulent documents is real. From October 2006 to September 2007, there were 29,100 fraudulent documents presented to and subsequently seized by CBP at our ports of entry.

Since 9/11, ICE has disrupted numerous operations involving the production of counterfeit or fraudulently obtained drivers licenses used for illegal purposes in multiple states across the nation.

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Vulnerabilities in SecurityIn 1995, Timothy McVeigh was able to create a fake South Dakota license with a manual typewriter and a kitchen iron. He used the license to rent a Ryder truck in Oklahoma and destroy the Murrah Federal Building.

All but one of the nineteen 9/11 hijackers carried some form of government-issued ID, mostly state driver’s licenses, many of which were obtained fraudulently. In the planning stages for the attacks, these documents were used to rent vehicles, evade law enforcement, enroll in flight school, and board airplanes.

As a result, the 9/11 Commission recommended that “(s)ecure identification should begin in the United States. The Federal Government should set standards for the issuance of birth certifications and sources of identification, such as driver’s licenses.”

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REAL ID Act of 2005 Federal Government may not accept a DL/ID cards for any official purpose unless it is meeting the requirements of the Act. Official purpose include:● Accessing Federal facilities;● Boarding Federally regulated commercial aircraft;● Entering nuclear power plants; and● Any other purpose that the Secretary shall determine.

DHS issued minimum standards for States via the REAL ID Final Rule on January 29, 2008. Standards include: ● Card security features to deter and prevent fraud;● Verification of the identify and lawful status of an individual before

a card can be issued;● Security requirements for facilities and protection of personal data.

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What Does REAL ID Do?

Implements 9/11 Commission recommendation: Improve “system” to secure State/Territory DL/IDsMakes the Nation stronger, safer & better protected against terrorism & identity theftSets minimum standards for and increases the security & integrity of State/Territory-issued DL/IDsIncreases confidence that people are who they claim to beRespects the authorities & functions of States/Territories

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What REAL ID is NOT!Not a National ID● States & Territories are still responsible for issuing their own

unique DL/IDs and retain flexibility with regard to design, specific security features, data capture, and storage

● A State issued REAL ID is not the sole identification credentialaccepted by the Federal government or any other entity

● States & Territories can still issue unique DL/IDs that are not REAL ID compliant if they choose

Not a National database● Federal Government is not collecting information on individuals.

States will continue to own and operate databases for DL/ID issuance

● As they do now, only authorized DMV officials and law enforcement personnel will have access to DMV records

Will Not Diminish Privacy● Requires enhanced security to protect personal information

gathered by the States from insider fraud and other vulnerabilities● States maintain responsibility for protection personally identifiable

information

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What REAL ID is NOT!Not a “hub” for the Federal Government● REAL ID does not create greater access to personal information by

the Federal government ● DHS is assisting States to build a “verification hub” to facilitate the

capability to verify an applicant’s identity documents, date of birth, Social Security Number, lawful status, and State-to-State check for a REAL ID

Not an Unfunded Mandate● Homeland Security Appropriations Act of 2006 allows for $31.3M

in grant funding; Omnibus Appropriations Act of 2008 allows for $48.5M [The application process closed April 7, 2008, and the awards are currently under review.]

● President’s FY 2009 budget request includes up to $150M in grants for States and $50M for a State owned and operated verification hub

● States may use up to 20 % of the State Homeland Security Grant Program (SHSGP) for REAL ID implementation

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Implementation Milestones

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Secure Issuance ProcessApplicant’s documents● Proof of identity, date of birth, social security

number, principal address and lawful status●Verification processes used to ensure authenticity of

applicant documentsEnsure that applicant doesn’t have a DL/ID in another name or identity or a REAL ID from another StateUp front photo captureDeclaration signed that information provided is true & correctSpecial markings for both compliant & non-compliant licensesExpiration date tied to lawful statusTemporary residents – specially marked licenses

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Secure InfrastructurePhysical security for facilities and document production equipment and supplies Security and privacy protections for personally identifiable information DMV employee background checks and secure access control systemsFraudulent-document recognition and security training

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Secure LicensesIntegrated security features designed to deter forgery and counterfeitingMulti-level security features● Level 1 - visible to sight or touch; overt● Level 2 - basic equipment required, such as black light

or reader; covert(TSA is deploying)● Level 3 - forensic feature, requiring expert analysis

States must conduct a review of their card design and report on card security Full facial digital photograph and printed biographical information required on front of cardPrinted data on face of license included in machine readable technology on back of card

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Benefits for Law EnforcementIncreased confidence in identity of individuals & integrity of licensesAll images of applicants will be available to law enforcement, even if no driver’s license or identification card is issuedData to facilitate law enforcement activities can be obtained from the unencrypted PDF-417 barcodeEnhanced ability to detect fraudulent documents Reduction in unlawful access to firearms (background checks to permit firearm purchases require identification.) Fraudulent identification could allow a criminal to unlawfully gain access to firearms that could be used in committing crimes

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REAL ID Overview

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Scope of REAL ID Applicants (approximately 240M DMV Customers)● Required identity documents● Qualifications & types of licenses

56 State/Territory DMVs● Enrollment process

Data capture & storageApplicant & document authenticationData verification

● Card security & production processes● Fraudulent document recognition training● Security

Background checks on employeesPhysical security of facilities and means of productionProtection of dataIT security

Federally-sponsored databases for verificationState data verification requirements/needs ● State/Territory queries to Federally-sponsored databases● Jurisdiction-to-jurisdiction data checks

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