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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)
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