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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. In its report, the Commission stated: Secure identification should begin in the United States.

DHS, however, will only grant a second extension to States that demonstrate that they have achieved certain milestones towards compliance with the Act and the 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.

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.

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DHS, however, will only grant a second extension to States that demonstrate that they have achieved certain milestones towards compliance with the Act and the 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.

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.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.

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