» Homeland
Security
JAN 1 8 2017
‘The Honorable Tom Wolf
Governor of Pennsylvania
Office of the Governor
508 Main Capitol Building
Harrisburg, PA 17120
Dear Governor Wolf,
‘Thank you for your letter dated January 13, 2017, requesting an extension of time
to allow the Commonwealth of Pennsylvania’s elected leadership to develop legislation
necessary to enable compliance with the REAL ID Act. Secretary Johnson requested that
we respond on his behalf.
‘The U.S. Department of Homeland Security (DHS) is granting the Commonwealth
of Pennsylvania an extension, through June 6, 2017, to allow the commonwealth to meet
the requirements of the REAL ID Act of 2005 (P.L. 109-13) and implementing,
regulation. For the duration of this extension, Federal agencies may accept driver's
licenses and identification cards issued by Pennsylvania for official purposes in
accordance with the phased enforcement schedule and existing agency policies.
‘The Department recognizes Pennsylvania’s efforts in enhancing the security of its
driver’ licenses and identification cards. DHS grants this limited extension based on a
review of the information your state provided on January 13, 2017, indicating the plans of
your administration and state legislative leaders to move forward on a legislative solution
and their expectation that a vote will occur in the 2017 legislative session. This extension
is intended to provide Pennsylvania with the opportunity to take any necessary steps
needed to meet all the requirements of the REAL ID Act and implementing regulation.
Failure to take these steps may result in the denial of future extension requests, thereby
making Pennsylvania subject to REAL ID enforcement. Enclosed is a list of DHS’s
previous findings about the regulatory provisions that Pennsylvania currently meets,
plans to meet, and does not currently commit to meet.
Once Pennsylvania commits to meeting all the REAL ID requirements, DHS may
grant additional extensions, as necessary, to give the commonwealth the time needed to
implement the outstanding provisions to achieve full compliance. To assist DHS in
www.dhs.govThe Honorable Tom Wolf
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determining whether a further extension is warranted, at the time of making an extension
request please provide DHS with information regarding progress towards meeting any
outstanding requirements; reasons for not meeting any outstanding requirements; and
when Pennsylvania anticipates seeking a determination of full compliance from the
Department. Extensions are granted at the discretion of the Secretary of Homeland
Security and are not an alternative to compliance with the REAL ID Act.
As we continue to implement the phased enforcement of the REAL ID Act, the
consequences of continued noncompliance will grow. Currently, military bases, nuclear
power plants, and Federal facilities may accept state-issued driver’s licenses or
identification cards for access purposes only if the document is issued by a state that is
REAL ID compliant or that has received an extension. On January 22, 2018, TSA will
begin REAL ID enforcement for boarding commercial aircraft,
Please do not hesitate to contact DHS’s Office of State Issued Identification
Support at (202) 447-3871 if you have any questions or comments about this extension.
For all other homeland security matters, you may contact the DHS Office of
Intergovernmental Affairs at (202) 282-9310.
We look forward to continuing to work with you on this and other homeland
issues. President Pro Temp Scarnati and Speaker Turzai will receive separate,
identical letters.
Sincerely,
Oi L200
Alan D. Bersin flip A. McNamara
Assistant Secretary Assistant Secretary
for International Affairs Office of Intergovernmental {fairs
& Chief Diplomatic Officer
Office of Policy
cc: Kurt J. Myers, Deputy Secretary Driver and Vehicle Services
Marcus Brown, Director, Pennsylvania Office of Homeland SecurityThe U.S. Department of Homeland Security Findings
Revised 9/23/2016
1. Based on the information provided, the Commonwealth of Pennsylvania indicates,
it is meeting the following provisions of the regulation (6 C.F.R. § 37):
6 CER. § 37.05(a)
§37.11(a)
§37.11(b)
§37.11(c)
§ 37.11(d) (e) (A) and (g)
§ 37.11(h)
§37.11()
§37.13(a)
§37.13(6)(1)
September 2016
Issues REAL ID DL/ID cards valid for a period not to
exceed eight years.
Subjects each applicant to a mandatory facial image
capture and retain such image even if a driver license
(DL) or identification card (ID) is not issued.
Have each applicant sign a declaration under penalty
of perjury that the information presented is true and
correct, and the State must retain this declaration.
Requires individuals to present at least one of the
source documents listed in subsections (i) through (x)
when establishing identity.
Requires documentation of date of birth, Social
Security Number, address of principal residence, and
evidence of lawful status
Has a documented exceptions process that meets the
requirements established in 37.1 1(h)(1)-(3)(If States
choose to have such a process).
Takes sufficient steps in issuing REAL ID DL/ID
cards to safeguard the identities of persons identified
in section 37.11(i).
Makes reasonable efforts to ensure that applicants do
not have more than one DL or ID already issued by
that state under a different identity.
Verifies lawful status through the Systematic Alien
Verification of Entitlements (SAVE) or another
method approved by the Department of Homeland
Security (DHS).
Page |§ 37.13(b)(2)
§ 37.13(b3)
§ 37.13(b\(4)
§ 37.13(b\(5)
§ 37.15(a)(1)
§ 37.15(b)
§37.15(d)
§37.17(a)-(1)
§ 37.19 @-i)
September 2016
Verifies Social Security account number with the
Social Security Administration,
Verifies birth certificates
Verifies U.S. passports,
Verifies REAL ID driver’s licenses and identification
cards with the State of issuance.
Includes document security features on REAL ID
DLIID cards that are not capable of being reproduced
using technologies that are commonly used and made
available to the general public.
Issues DL and IDs that contain Level 1, 2, and 3
integrated security features.
Conducts reviews and submits a report to DHS on card
design and ability of the card to resist forgery and
counterfeiting.
Includes on the surface of cards the following printed
information in Latin alpha-numeric characters:
Full legal name
Date of birth
Gender
Unique DL/ID number
Full facial digital photograph
Address of principal residence
Signature
Date of issuance
Expiration date
State or territory of issuance
Includes all of the information on the face of the card
in the PDF-417 Machine Readable Zone of the card,
Page 2§37.21
§37.21(e)
§ 37.23 (a)
§ 37.23(b)
§ 37.25(a)(1)-(3)
September 2016
Issues to individuals with temporary lawful status,
temporary or limited-term licenses that expire at the
end of the applicant’s authorized stay in the United
States, or if there is no expiration date, after one year.
Prior to renewing temporary or limited-term driver’s
license or identification cards, requires applicants to:
Present valid documentary evidence that their
qualification is still in effect or that they have
qualified for another lawful status.
Verify information presented through SAVE, or
another method approved by DHS.
‘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.
Has a procedure in place to verify an applicant’s
identity each time a REAL ID DL/ID card is reissued.
Conducts remote re-issuance in accordance with
section 37.13 verification procedures, (excluding re-
issuance of duplicate cards).
Prior to renewing a REAL ID DL/ID:
Take an updated photograph of all holders of
REAL ID driver's license and identification
cards no less frequently than every sixteen years
Re-verify applicant’s SSN and lawful status, as
well as information it was unable to verify at
previous issuances or renewals because systems
or processes did not exist.
Holders of temporary or limited term driver’s
licenses must present evidence of continued
lawful status.
Page 3§37.25(b\(1)
§37.31(a)(1)-G)
§37.31(b)(1)-(3)
§37.33(a)-(b)
§37.41
§37.41(b\(2)
§ 37.41 (b)(4)
§37.41(b)(5)
September 2016
Ifremote REAL ID renewals are permitted:
Re-verifies applicant’s information through
SAVE and Social Security Online Verification
(SSOLY) (or other methods approved by DHS).
Retains copies of the application, declaration and
source documents. Paper copies and microfiche must,
be retained for seven years. Digital images must be
retained for a minimum of 10 years.
If digital imaging is used to retain source documents:
Stores photo images in a JPEG-compatible
format.
Stores document and signature images that are
compressed in Tagged Image Format (TIF) or
comparable standard,
Requires all images are to be retrievable by the
Department of Motor Vehicles (DMV) if
properly requested by law enforcement.
Maintains a DMV database containing, at a minimum,
items identified in 37.33(a)(1)-(4).
Has a documented security plan for DMV operations.
Has protections in place that ensures the security of
personally identifiable information.
Implements documented procedures for controlling
access to facilities and systems involved in the
enrollment, manufacture, production and issuance of
DL/IDs.
Requires all employees handling source documents or
issuing DL or IDs to attend and complete the
‘American Association of Motor Vehicles
Administrators approved (or equivalent) fraudulent
document recognition training and security awareness
training.
Page 4§37.43
§37.45
September 2016
Ensures the physical security of locations where
driver’s licenses and identification cards are
manufactured or produced, and the security of
document materials and papers of which such cards are
produced.
Conducts name-based and fingerprint-based criminal,
history and employment eligibility checks on
employees in covered positions or an alternative
procedure approved by DHS.
Page 5TI. Based on the information provided, the Commonwealth of Pennsylvania indicates
itis not meeting the following provisions of the regulation (6 CF.R. § 37):
§ 37.17 (n)
§37.23(0)
§ 37.25(b)(2)
§ 37.29
§3751
§ 37.55
§37.71(a)
September 2016
Commits to marking fully compliant DL and IDs with
a DHS-approved security marking.
Pennsylvania law prevents compliance with this
requirement.
Requires in person re-issuance when there is any
material change in personally identifiable information
since prior issuance, as defined in § 37.03. Such
information shall be verified as specified in 37.13.
Prohibits the remote renewal of REAL ID DL/ID when
there is a material change in personally identifiable
information, as defined in §37.03.
Does not permit an individual to hold more than one
REAL ID document, and no more than one DL.
Commits to be in full compliance with Subparts A
through D.
Pennsylvania law prevents compliance with this
requirement.
Submitted Final Certification package.
Pennsylvania law prevents compliance with this
requirement.
If the State chooses to issue both compliant and
noncompliant documents, clearly states on the face of
the noncompliant document and in the machine
readable zone that the card is not acceptable for
official purposes and incorporates a unique design or
color indicator that clearly distinguishes them from
compliant licenses and identification card.
Pennsylvania law prevents compliance with this
requirement.
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