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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.
This final rule also provides a process for States to seek an additional extension of the compliance deadline to May 11, 2011, by demonstrating material compliance with the core requirements of the Act and this rule. Exceptions Processing for Extraordinary Circumstances H. Temporary or Limited-Term Driver's Licenses and Identification Cards I. Section 205(b) of the Act further authorizes the Secretary of Homeland Security to grant extensions of time to meet the minimum standards of the Act when States provide adequate justification for noncompliance. States must ensure the physical security of facilities where driver's licenses and identification cards are produced; and the security of document materials and papers from which driver's licenses and identification cards are produced. This final rule implements the requirements of the Act, but with significant changes from the NPRM as a result of public comment, as discussed below.
Finally, taking into consideration the operational burdens on State Departments of Motor Vehicles, this rule extends the enrollment time period to allow States determined by DHS to be in compliance with the Act to replace all licenses intended for official purpose with REAL ID-compliant cards by December 1, 2014 for people born after December 1, 1964, and by December 1, 2017 for those born on or before December 1, 1964. Minimum Driver's License or Identification Card Data Element Requirements J. Security of DMV Facilities Where Driver's Licenses and Identification Cards are Manufactured and Produced N. The Act does not, however, give DHS the authority to waive any of the mandatory minimum standards set forth in the Act. Section 202(b) of the Act directs that REAL ID-compliant licenses and identification cards must include the following information: (1) The person's full legal name, date of birth, and gender; (2) The person's driver's license or identification card number; (3) A digital photograph of the person; (4) The person's address of principal residence; (5) The person's signature; (6) Physical security features designed to prevent tampering, counterfeiting, or duplication of the driver's licenses and identification cards for fraudulent purposes; and (7) A common machine-readable technology, with defined minimum elements. As discussed above, effective May 11, 2008, Federal agencies are prohibited from accepting for official purposes state-issued driver's licenses or identification cards unless an issuing State certifies, and DHS determines, that it has met the mandatory minimum requirements of Sec. Several States have implemented--or are working to implement--legislation prohibiting their Departments of Motor Vehicles (DMVs) from complying with the requirements of the Act or any related implementing regulations issued by DHS.
Compliance Dates: Extensions: As of May 11, 2008, Federal agencies cannot accept driver's licenses or identification cards for official purposes, as defined herein, from States that have not been determined by DHS to be in compliance with the REAL ID Act unless a State has requested and obtained an extension of the compliance date from DHS. Effective December 1, 2014, Federal agencies will refuse to accept non-REAL ID-compliant driver's licenses from all persons born before December 1, 1964 (i.e. Effective December 1, 2017, anyone seeking to use a State-issued driver's license or identification card for official purpose, including boarding of commercial aircraft, must have a REAL ID-compliant card. Extension of Deadlines Under section 205(b) of the Act, the Secretary of Homeland Security is authorized to grant extensions of the May 11, 2008 compliance date to those States who provide adequate justification for their inability to comply by the statutory deadline.
States seeking extensions must submit a request for an extension to DHS no later than March 31, 2008. On March 1, 2007, the Secretary of Homeland Security announced, in conjunction with the release of the NPRM, that the Department would grant extensions to all States requesting extensions, not to exceed December 31, 2009.]]
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.
In its report, the Commission stated: Secure identification should begin in the United States.
See, The 9/11 Commission Report, Final Report of the National Commission on Terrorist Attacks upon the United States (July 2004) (9/11 Commission Report), p. The 9/11 Commission recommended implementing more secure sources of identification for use in, among other activities, boarding aircraft and accessing vulnerable facilities.
During the public comment period, a number of States and State associations noted that States obtaining an initial extension of the compliance date until Page 5275 December 31, 2009, would still be required to enroll their existing driver population (estimated to be approximately 240 million) by May 11, 2013.This would essentially halve the phase-in period and create an untenable burden and increased costs on States who were committed to complying with the REAL ID requirements.]]
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.