Negotiated Rulemaking Advisory Committee on Minimum Standards for State-Issued Driver’s Licenses and Personal Identification Cards as required under the 9/11 Act

U.S. Department of Transportation, in consultation with
U.S. Department of Homeland Security

On December 17, 2004, President Bush signed into law the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law No. 108-458). Under Title VII of that Act, known as the 9/11 Commission Implementation Act of 2004 (the 9/11 Act), Section 7212 required the use of negotiated rulemaking to create minimum standards for state-issued driver’s licenses and personal identification cards used for federal purposes (minimum standards).

The Negotiated Rulemaking Advisory Committee on Minimum Standards for
State-Issued Driver’s Licenses and Personal Identification Cards (DL/ID Reg Neg Committee) was established by the U.S. Department of Transportation (DOT), in consultation with the U.S. Department of Homeland Security (DHS). These minimum standards were to include provisions for necessary documentation for issuance of driver’s licenses and personal identification cards (DL/IDs), security of the actual DL/ID document and materials for creating it, and accessing and linking state motor vehicle databases to track potential terrorists.

Susan Podziba & Associates was retained to convene and facilitate the negotiated rulemaking. SP&A met with DOT Senior Executives, including the Assistant Secretary for Transportation Policy and the General Counsel, to discuss the parameters of the convening assessment and, later, to recommend organizational members for the negotiated rulemaking committee.

The convening assessment, a synthesis of information developed from 45 interviews with representatives of stakeholder organizations and relevant government offices, included an analysis of the interests and concerns of relevant stakeholder groups, key dynamics affecting the negotiations, key issues across stakeholder group, and a recommendation for composition of the negotiated rulemaking committee.

The U.S. Secretary of Transportation appointed 16 organizational members to the federally chartered DL/ID Reg Neg Committee. The Committee included representatives from DOT, DHS, American Association of Motor Vehicle Administrators (AAMVA), American Automobile Association (AAA), American Civil Liberties Union (ACLU), International Association of Chiefs of Police, National Conference of State Legislatures, National Governors Association, National Immigration Law Center, Alabama Department of Public Safety, Florida Department of Highway Safety and Motor Vehicles, Texas Department of Public Safety, New York State Department of Motor Vehicles, Center For Democracy and Technology, Information Technology Association of America, and Industry Advisory Board to AAMVA.

The DL/ID Reg Neg Committee held its first of five scheduled meetings on April 19-21, 2005. The Committee established ground rules, listened to remarks from Congressman Lee Hamilton, former Vice Chair of the 9/11 Commission; heard expert presentations on document security, privacy issues, state DL/ID processes, and existing voluntary DL/ID standards; identified all issues to be discussed as part of the minimum standards; and actively discussed each issue.

On May 11, 2005 President Bush signed into law the "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief of 2005.” This law included the Real ID Act of 2005, which repealed Section 7212 of the 9/11 Act, thereby terminating all activities of the DL/ID Reg Neg Committee.

Convening Assessment Report for the Negotiated Rulemaking Process to Develop Minimum Standards for State-Issued Driver’s Licenses and Personal Identification Cards (pdf)

Final Report of the Facilitators on the Negotiated Rulemaking to Develop Minimum Standards for State-Issued Driver’s Licenses and Personal Identification Cards (11 pages) (pdf)

Final Report of the Facilitators on the Negotiated Rulemaking to Develop Minimum Standards for State-Issued Driver’s Licenses and Personal Identification Cards, with appendices, which include convening assessment report, first meeting agenda and summary, and federal register notices (105 pages) (pdf)