Validating act

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However, the DHS rule, Section 37.11(c), mandates that the Real ID license applicants be required to present at least two documents documenting the address of their primary residence.

The DHS rule declines to implement as impractical the provision of the Act requiring verification of the validity of foreign passports presented by foreign driver's license applicants as proof of identity with the authorities that issued these foreign passports (page 5294 of the DHS final rule in the Federal Register).

Thus the DHS rule concedes that there is no practical mechanism to verify with the issuers the validity of documents proving the applicant's primary address (such as a mortgage statement or a utility bill) and leaves the implementation of this verification requirement to discretion of the states (page 5297 of the DHS final rule in the Federal Register).Although the use of wireless RFID chips was offered for consideration in the proposed rulemaking process, it was not included in the latest rulemaking process.DHS could consider additional technological requirements to be incorporated into the licenses after consulting with the states.There are four planned phases, three of which apply to areas that affect relatively few U. citizens—e.g., DHS headquarters, nuclear power plants, and restricted and semi-restricted federal facilities.On January 8, 2016, DHS issued an implementation schedule for Phase 4, stating that starting January 22, 2018 "passengers with a driver’s license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight".

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