As of December 31, 2009, any initial extension will terminate unless a State, no later than October 11, 2009, submits to DHS a request for an additional extension and certification that the State has achieved the benchmarks set forth in the Material Compliance Checklist. Verification and Data Exchange Systems Architecture D. Prohibition on States Issuing Real ID Cards to Persons Who Hold a Driver's License in Another State F. In the NPRM, DHS proposed that States that would not be able to comply by May 11, 2008, should request an extension of the compliance date no later than February 10, 2008, and the proposal encouraged States to submit requests for extension as early as October 1, 2007.As of May 11, 2011, driver's licenses and identification cards will not be accepted from States that are not in full compliance with the provisions of REAL ID. Under this final rule, States must file requests for an initial extension no later than March 31, 2008.DHS has considered the best methodology to target preventive efforts against an individual attempting to fraudulently obtain an identification document to gain access to a Federal facility, nuclear facility, or commercial aircraft.

DHS has determined that the most logical option to reduce the significant operational burden on States is to allow States to divide their license-bearing population and re-issue REAL ID-compliant licenses through a two-phased enrollment.

This approach would reduce the operational burdens on States, which otherwise would have to reissue licenses to the majority of their license-bearing populations within two years for States requiring and obtaining extensions until May 11, 2011.

DATES: Effective Date: This rule is effective March 31, 2008. Validity Period and Renewals of REAL ID Driver's Licenses and Identification Cards K. State Certification Process; Compliance Determinations Page 5273 O. Section 202(c) of the Act also mandates certain minimum standards that States must adopt when issuing driver's licenses and identification cards intended for use for official purposes (referred to as REAL ID-compliant cards). The State shall require valid documentary evidence that the applicant is lawfully present in the United States. States must establish procedures to verify each document required to be presented by the applicant. DHS wants to make clear that effective May 11, 2008, individuals from States who have not obtained an extension of the compliance date from DHS, or who have not submitted a Compliance Package to DHS under the deadlines provided in this final rule, will not be able to use their State-issued license for federal official purposes, including for identification to board a commercial airplane.

The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of March 31, 2008. Driver's Licenses and Identification Cards that Do Not Meet the Standards of the REAL ID Act. Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 Q. Those standards include, but are not limited to, the following: The State shall require, at a minimum, presentation and verification of (1) A photo identity document (except that a non-photo identity document is acceptable if it includes both the applicant's full legal name and date of birth); (2) documentation showing the applicant's date of birth; (3) proof of the person's Social Security Number (SSN) or verification that the applicant is not eligible for a SSN; and (4) documentation showing the applicant's name and address of principal residence. Such evidence shall include documentary evidence that the applicant: (1) Is a citizen or national of the United States; (2) is an alien lawfully admitted for permanent residence or temporary residence in the United States or pending application for same; (3) has conditional permanent resident status in the United States or pending application for such status; (4) has an approved application for asylum in the United States, a pending application for asylum, or has been admitted to the United States in refugee status; (5) was lawfully admitted to the United States using a valid, unexpired nonimmigrant visa; (6) has a pending or approved application for temporary protected status in the United States; or (7) has approved deferred action status. The State also shall have entered into a memorandum of understanding (MOU) with DHS to use the Systematic Alien Verification for Entitlements (SAVE system) to verify the lawful status of an applicant, other than a U. Residents of States that do choose to comply, however, through submission of their Compliance Plan or a timely-filed request for an extension, will be able to continue to use their current license to board commercial aircraft (and for other official purposes) through December 1, 2014.

Until that phased-in enrollment period concluded on May 11, 2013, Federal agencies would accept from residents of compliant States both REAL ID-compliant licenses dated on or after May 11, 2008 or standard licenses issued before May 11, 2013.

The NPRM also proposed the same phase-in period for States requesting initial extensions of the compliance date until December 31, 2009, i.e., States receiving an extension would still have until May 11, 2013 to enroll their current drivers.This rule establishes standards to meet the minimum requirements of the REAL ID Act of 2005. Citizens in this category will likely encounter significant travel delays. 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 Page 5274 requirements. DHS received over 21,000 comments on the NPRM and supporting regulatory evaluation during the sixty-day public comment period for this rulemaking action.

These standards involve a number of aspects of the process used to issue identification documents, 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 facilities where driver's licenses and applicable identification cards are produced. Document Standards for Issuing REAL ID Driver's Licenses and Identification Cards G. The Act authorizes the Secretary of Homeland Security, in consultation with the States and the Secretary of Transportation, to promulgate regulations to implement the requirements under this Act. Physical security features on the driver's licenses and identification cards designed to prevent tampering, counterfeiting, and duplication of the documents for a fraudulent purpose. Responses to those comments are set forth in Section IV of this final rule.

During the terrorist attacks on the United States on September 11, 2001, all but one of the terrorist hijackers acquired some form of identification document, some by fraud, and used these forms of identification to assist them in boarding commercial flights, renting cars, and other necessary activities leading up to the attacks.

DHS recognizes the difficulty that many States may have in meeting the statutory requirements under the Act, but emphasizes that the Department has a critical responsibility to ensure that identification documents used to board commercial air carriers or access Federal buildings are secure documents and adequately prevent persons from circumventing Federal security and screening requirements by use of false or fraudulent identification.

FOR FURTHER INFORMATION CONTACT: Darrell Williams, REAL ID Program Office, Department of Homeland Security, Washington, DC 20528 (202) 282-9829. Requests for extension must be submitted from the highest level executive official in the State overseeing the DMV to the REAL ID Program Office.

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The NPRM also proposed the same phase-in period for States requesting initial extensions of the compliance date until December 31, 2009, i.e., States receiving an extension would still have until May 11, 2013 to enroll their current drivers.

This rule establishes standards to meet the minimum requirements of the REAL ID Act of 2005. Citizens in this category will likely encounter significant travel delays. 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 Page 5274 requirements. DHS received over 21,000 comments on the NPRM and supporting regulatory evaluation during the sixty-day public comment period for this rulemaking action.

These standards involve a number of aspects of the process used to issue identification documents, 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 facilities where driver's licenses and applicable identification cards are produced. Document Standards for Issuing REAL ID Driver's Licenses and Identification Cards G. The Act authorizes the Secretary of Homeland Security, in consultation with the States and the Secretary of Transportation, to promulgate regulations to implement the requirements under this Act. Physical security features on the driver's licenses and identification cards designed to prevent tampering, counterfeiting, and duplication of the documents for a fraudulent purpose. Responses to those comments are set forth in Section IV of this final rule.

During the terrorist attacks on the United States on September 11, 2001, all but one of the terrorist hijackers acquired some form of identification document, some by fraud, and used these forms of identification to assist them in boarding commercial flights, renting cars, and other necessary activities leading up to the attacks.

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