This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

74137 

Vol. 89, No. 177 

Thursday, September 12, 2024 

1Public Law 109–13, 119 Stat. 231, 302 (May 11, 

2005) (codified at 49 U.S.C. 30301 note). 

2The 9/11 Commission Report, Final Report of 

the National Commission on Terrorist Attacks upon 

the United States (July 2004) (9/11 Commission 

Report), p. 390, available at https://

www.govinfo.gov/app/details/GPO-911REPORT 

(last visited April 16, 2024). 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

6 CFR Part 37 

[Docket No. TSA–2023–0003] 

RIN 1652–AA77 

Minimum Standards for Driver’s 

Licenses and Identification Cards 

Acceptable by Federal Agencies for 

Official Purposes; Phased Approach 

for Card-Based Enforcement 

AGENCY: Transportation Security 

Administration (TSA), Department of 

Homeland Security (DHS). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This proposed rule would 

ensure that Federal agencies have 

appropriate flexibility to implement the 

card-based enforcement provisions of 

the REAL ID regulations after the May 

7, 2025, enforcement deadline by 

explicitly permitting agencies to 

implement card-based enforcement in 

phases. This rulemaking proposes that 

agencies may implement the card-based 

enforcement provisions through a 

phased enforcement plan if they 

determine it is appropriate upon 

consideration of relevant factors 

including security, operational 

feasibility, and public impact. The 

proposed rule would also require 

agencies to coordinate their plans with 

DHS, make the plans publicly available, 

and achieve full enforcement by May 5, 

2027. 

DATES: Interested persons are invited to 

submit comments on or before October 

15, 2024. 

ADDRESSES: 

Comments: You may submit 

comments, identified by the TSA docket 

number to this rulemaking, to the 

Federal Docket Management System 

(FDMS), a government-wide, electronic 

docket management system. To avoid 

duplication, please use only one of the 

following methods: 

• Electronic Federal eRulemaking 

Portal: https://www.regulations.gov. 

Follow the online instructions for 

submitting comments. 

• Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. The Department of 

Transportation (DOT), which maintains 

and processes TSA’s official regulatory 

dockets, will scan the submission and 

post it to FDMS. 

• Fax: (202) 493–2251. 

See the SUPPLEMENTARY INFORMATION

section for format and other information 

about comment submissions. 

FOR FURTHER INFORMATION CONTACT: 

George Petersen, Senior Program 

Manager, REAL ID Program, Enrollment 

Services and Vetting Programs, 

Transportation Security Administration, 

6595 Springfield Center Drive, 

Springfield, VA 20598; telephone: (571) 

227–2215; email: george.petersen@

tsa.dhs.gov. 

Please do not submit comments to 

these addresses. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

DHS invites interested persons to 

participate in this NPRM by submitting 

written comments, including relevant 

data. Comments that will provide the 

most assistance to DHS will reference a 

specific portion of this proposed rule, 

explain the reason for any suggestion or 

recommended change, and include data, 

information, or authority that supports 

such suggestion or recommended 

change. 

Submitting Comments 

DHS will review all comments 

received on this proposed rule, but may 

choose not to post off-topic, 

inappropriate, or duplicative comments. 

To submit a comment: 

• Go to https://www.regulations.gov 

and follow the instructions for 

submitting comments for docket number 

TSA–2023–0003. If your material cannot 

be submitted using https://

www.regulations.gov, contact the 

persons listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternative instructions. 

• All submissions received must 

include the agency name and docket 

number for this rulemaking. 

• Comments posted to https://

www.regulations.gov are posted without 

change and will include any personal 

information provided. For more 

information about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Abbreviations and Terms Used in This 

Document 

DHS—U.S. Department of Homeland 

Security 

DL/IDs—Driver’s Licenses and Identification 

Cards 

NPRM—Notice of Proposed Rulemaking 

TSA—Transportation Security 

Administration 

Table of Contents 

I. Executive Summary 

A. Purpose of the Regulatory Action 

B. Overview of the Proposed Rule 

II. Background 

A. The REAL ID Act and Implementing 

Regulations 

B. Progress Towards Full Implementation 

C. Factors Impacting REAL ID Adoption 

Rates 

III. Summary of the Proposed Rule 

A. Phased Enforcement Plans 

B. Consideration of Further Extending the 

Card-Based Enforcement Deadline 

C. Broad DHS Approach 

D. Phased Enforcement Guidance 

IV. Regulatory Analyses 

A. Paperwork Reduction Act 

B. Economic Impact Analyses 

C. Executive Order 13132 (Federalism) 

D. Executive Order 13175 (Tribal 

Consultation) 

E. Environmental Analysis 

F. Energy Impact Analysis 

I. Executive Summary 

A. Purpose of the Regulatory Action 

Secure driver’s licenses and 

identification documents are a vital 

component of our national security 

framework. The REAL ID Act,1 passed 

by Congress in 2005, enacted the 9/11 

Commission’s recommendation that the 

Federal Government ‘‘set standards for 

the issuance of . . . sources of 

identification, such as drivers 

licenses.’’ 2 The requirements of the 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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3 6 CFR 37.5(b). 

4Based on REAL ID issuance data, as of January 

2024, voluntarily submitted monthly to DHS by the 

compliant states. 

5 DHS uses ‘‘states’’ and ‘‘licensing jurisdictions’’ 

interchangeably throughout this document to refer 

collectively to the 56 different U.S. jurisdictions 

that issue DL/IDs that are governed by the REAL ID 

regulations. These jurisdictions are the 50 states, 

the District of Columbia, and the territories of 

Puerto Rico, U.S. Virgin Islands, Guam, the 

Commonwealth of the Northern Mariana Islands, 

and American Samoa. 6 CFR 37.3. 

6See supra note 3. 

7The requirements of the REAL ID Act and 

regulation apply only in contexts where individuals 

are required to present an identification document 

to Federal agencies for official purposes. See REAL 

ID Act of 2005 Implementation: An Interagency 

Security Committee Guide (2019), p. 4–7, available 

at https://www.cisa.gov/resources-tools/resources/ 

isc-guide-real-id-act-2005-implementation (last 

visited April 19, 2024). 

8 ‘‘Full enforcement’’ or ‘‘full card-based 

enforcement’’ means that an agency only accepts 

REAL ID-compliant DL/IDs for official purposes. 

9 Id. 

REAL ID Act and its implementing 

regulations set minimum security 

standards for the issuance of DL/IDs, 

which are designed to improve the 

reliability of those State-issued 

documents. These requirements allow 

Federal agencies that accept Stateissued DL/IDs for official purposes to 

determine with greater accuracy 

whether individuals presenting a DL/ID 

are who they say they are. 

Pursuant to the current REAL ID 

regulations, after REAL ID card-based 

enforcement begins on May 7, 2025, 

Federal agencies may only accept Stateissued driver’s licenses and 

identification cards (DL/IDs) for official 

purposes, as defined in the REAL ID Act 

and regulation, if that DL/ID is issued in 

accordance with REAL ID requirements 

by a REAL ID-compliant State.3 In order 

to fully realize the enhanced security 

provided by the REAL ID requirements, 

DHS is committed to beginning cardbased enforcement on May 7, 2025. 

However, as of January 2024, only 

approximately 56 percent of DL/IDs in 

circulation nationally are REAL IDcompliant.4 In 34 States,5 less than 60 

percent of DL/IDs in circulation are 

REAL ID-compliant, and in 22 States 

less than 40 percent are REAL IDcompliant.6 Further, because of the 

history of extensions related to REAL ID 

enforcement, DHS believes that the 

public may continue to expect that 

additional extensions are likely and not 

feel urgency to obtain a REAL ID. DHS 

believes this pattern is likely to delay 

increased adoption in many States 

despite best efforts to inform the public, 

potentially leading to last-minute surges 

in demand for REAL IDs leading up to 

the deadline. 

DHS believes this surge could 

overwhelm States and result in backlogs 

and delays in REAL ID issuance. In light 

of this, DHS anticipates that a 

significant number of individuals 

seeking to use their DL/ID for a REAL 

ID official purposes on and after May 7, 

2025, may not have a compliant DL/ID. 

DHS recognizes that this could result in 

a situation where individuals are unable 

to present a compliant DL/ID to access 

a Federal facility or board a federally 

regulated commercial aircraft on a large 

scale. For some agencies, this scenario 

may raise serious concerns related to 

security, agency operations, and 

potential impact to the public. While 

these concerns are especially acute in an 

airport security environment, DHS 

anticipates that other Federal agencies 

that operate facilities visited frequently 

by the general public 7 may also face 

similar concerns. This proposed rule 

recognizes these concerns and would 

provide flexibility by permitting 

agencies to, for a period of up to 2 years, 

implement REAL ID card-based 

enforcement using a phased approach 

tailored to their specific operations. 

DHS believes that this approach will 

be more effective at achieving full 

enforcement than further extensions of 

the enforcement deadline. By 

demonstrating that the government is 

preparing for and planning to begin 

enforcement, the proposed rule 

reiterates for the public that REAL ID 

card-based enforcement will start on 

May 7, 2025, and provides an 

opportunity for States and the public to 

prepare for full enforcement. After May 

7, 2025, when agencies begin full 

enforcement or implement a phased 

enforcement plan, as appropriate, the 

public will be further incentivized to 

obtain a REAL ID as they anticipate 

consequences for presenting a noncompliant DL/ID. At the same time, the 

proposed rule is intended to allow a 

transition to full enforcement that 

mitigates the potential negative impact 

to agencies and the public if full 

enforcement began immediately on the 

card-based enforcement date. Given the 

current percentage of REAL IDcompliant DL/IDs that have been issued 

(as a percentage of all DL/IDs), the 

challenges many States are experiencing 

as they seek to increase adoption of 

compliant DL/ID, and the resulting 

concerns of Federal agencies, the 

proposed rule would provide important 

flexibility to agencies to ensure a 

smooth transition to card-based 

enforcement. The proposed rule 

balances the increased security benefits 

of beginning card-based enforcement 

with an understanding of the significant 

risks that some Federal agencies may 

experience as a result of the transition 

to full enforcement.8

B. Overview of the Proposed Rule 

Under current regulations, Federal 

agencies may not accept non-compliant 

DL/IDs for REAL ID official purposes 

when card-based enforcement is 

required on May 7, 2025. While Federal 

agencies would still be required to 

commence REAL ID card-based 

enforcement on May 7, 2025, this 

proposed rule would provide agencies, 

for a period of up to 2 years, flexibility 

to determine that a phased approach to 

card-based enforcement is appropriate 

after considering relevant factors 

including security, operational 

feasibility, and impact to the public 

offered by their agency. The proposed 

rule seeks to provide an enforcement 

approach that allows agencies to 

maximize security gains in contexts 

where a swift transition to full 

enforcement poses little risk, while 

minimizing the risks in contexts where 

large numbers of individuals seeking to 

use noncompliant DL/IDs raises serious 

concerns. 

To ensure that agencies’ phased 

enforcement plans consistently and 

appropriately advance the objectives of 

the REAL ID regulations, this proposed 

rule would require agencies to 

coordinate their phased enforcement 

plans with DHS and begin full 

enforcement no later than May 5, 2027. 

To ensure transparency and public 

visibility, the proposed rule would 

require agencies that use a phased 

enforcement plan to make their plan 

publicly available on their web page and 

require DHS to make publicly available 

a list of agencies that have coordinated 

phased enforcement plans with DHS. 

Finally, the proposed rule’s preamble 

provides guidance to Federal agencies 

on types of phased enforcement plans 

that agencies may consider. 

II. Background 

A. The REAL ID Act and Implementing 

Regulations 

All but one of the September 11, 2001, 

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.9

Consequently, the 9/11 Commission 

recommended that the Federal 

Government set standards for the 

issuance of more secure sources of 


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10 Id. 

11 Id. 

12Emergency Supplemental Appropriations Act 

for Defense, the Global War on Terror, and Tsunami 

Relief, 2005, Public Law 109–13, Div. B. title II, 

sections 201 to 207, May 11, 2005, as amended 

(codified at 49 U.S.C. 30301 note). 

13 Id. at section 201. 

14See 73 FR 5272 (Jan. 29, 2008) (codified as 

amended at 6 CFR part 37). 

15 6 CFR 37.51(a) and 37.5. 

16 6 CFR 37.5(b); 88 FR 14473 (Mar. 9, 2023) 

(extending the REAL card-based enforcement 

deadline from May 3, 2023, to May 7, 2025). 

17 6 CFR 37.71; REAL ID Act sec. 202(d)(11). 

18See 86 FR 23237 (May 3, 2021) (codified at 6 

CFR 37.5(c)) (clarifying that the deadline by which 

Federal agencies may no longer accept 

noncompliant driver’s licenses and identification 

cards for official purposes applies to all 

noncompliant cards, including state-issued driver’s 

licenses and identification cards marked to indicate 

that they may not be used for official Federal 

purposes), and 88 FR 14473 (extending the deadline 

by which Federal agencies may continue to accept 

noncompliant cards for official purposes until May 

7, 2025). 

19Secure Identification State Progress ReportFiscal Year 2012 Report to Congress. 

20 85 FR 23205 (Apr. 27, 2020). 

21 86 FR 23237 (May 3, 2021). DHS received one 

comment in response to the IFR. See, https://

www.regulations.gov/comment/DHS-2021-0019- 

0002. The commenter supported the extension until 

May 3, 2023, stating that ‘‘state agencies have either 

closed offices, shortened operating hours, or greatly 

limited occupancy in offices.’’ Id. 

22 88 FR 14473. 

23The five states that only offer REAL IDcompliant DL/IDs are Florida, Georgia, Mississippi, 

Texas, and Wyoming. 

24 DHS began to collect data voluntarily 

submitted by licensing jurisdictions including the 

total number of DL/IDs, number of REAL IDs, 

number of non-compliant cards, and number of 

‘‘legacy’’ cards in July 2019. Beginning in October 

2019, DHS began to receive the data on a monthly 

basis. 

identification for use in, among other 

activities, boarding aircraft and 

accessing vulnerable facilities.10

The REAL ID Act of 2005 (the REAL 

ID Act) addressed the 9/11 

Commission’s recommendation that the 

Federal Government ‘‘set standards for 

the issuance of . . . sources of 

identification, such as drivers 

licenses.’’ 11 The REAL ID Act sets 

minimum security requirements for the 

issuance and production of DL/IDs 

issued by the States, territories, and the 

District of Columbia in order for Federal 

agencies to accept these documents for 

official purposes.12 Official purposes 

include: (1) accessing Federal facilities, 

(2) boarding federally regulated 

commercial aircraft, (3) entering nuclear 

power plants, and (4) any other 

purposes that the Secretary of 

Homeland Security shall determine.13

On January 29, 2008, DHS published 

a final rule implementing the REAL ID 

Act’s requirements.14 The regulations 

include both a deadline for State 

compliance with the REAL ID 

requirements and a separate deadline 

after which individuals must present a 

REAL ID-compliant license or 

identification card in order for Federal 

agencies to accept the document for 

official purposes.15 DHS refers to these 

deadlines as ‘‘state-based’’ and ‘‘cardbased’’ enforcement, respectively. 

Under existing regulations, card-based 

enforcement is scheduled to begin on 

May 7, 2025.16 On this date, Federal 

agencies may not accept for official 

purposes a license or identification card 

issued by a State unless that license or 

card was issued in accordance with the 

REAL ID standards by a REAL IDcompliant jurisdiction. 

In addition to compliant licenses and 

identification cards, States may issue 

noncompliant licenses and 

identification cards, which will not be 

acceptable by Federal agencies for 

official purposes after the card-based 

deadline, to individuals who are unable 

or unwilling to present the documents 

and information necessary to obtain a 

REAL ID-compliant license or card. 

These noncompliant licenses and cards 

must (1) clearly state that the card is not 

acceptable for official purposes, and (2) 

have a unique design or color indicator 

that clearly distinguishes them from 

compliant licenses and identification 

cards.17 The REAL ID regulations 

authorize, but do not require, Federal 

agencies to accept these noncompliant 

cards until card-based enforcement 

begins.18

B. Progress Towards Full 

Implementation 

Since its enactment in 2005, DHS has 

worked with the States to implement 

the requirements of the REAL ID Act. 

DHS has provided funding, technical 

assistance, outreach, and engagement. 

DHS has awarded over $263 million in 

grant funding to assist in enhancements 

to drivers’ license security programs.19

These efforts have yielded significant 

progress towards full REAL ID 

implementation. All 56 licensing 

jurisdictions subject to REAL ID have 

achieved REAL ID certification. DHS 

also completed one phase of a 

nationwide REAL ID advertising 

campaign (‘‘Be Your REAL ID Self’’) and 

produced an advertising toolkit 

available for free to all DHS 

stakeholders. DHS continues to work 

with stakeholders to reach full 

implementation of the REAL ID Act and 

regulations. 

Considering the impact of the COVID– 

19 pandemic on State and local 

government operations and the desire to 

reduce further spread by encouraging 

continued social distancing, DHS 

extended the card-based enforcement 

deadline three times during the 

pandemic. In April 2020, DHS issued a 

final rule extending the REAL ID cardbased enforcement date for 1 year until 

October 1, 2021; 20 in May 2021, DHS 

further extended the card-based 

enforcement date until May 3, 2023, 

through the issuance of an interim final 

rule (IFR) requesting comments; 21 and, 

on March 9, 2023, DHS issued a final 

rule finalizing the May 2021 IFR and 

extending the card-based enforcement 

deadline to May 7, 2025.22

C. Factors Impacting REAL ID Adoption 

Rates 

The U.S. has 56 different jurisdictions 

that issue DL/IDs and are subject to 

REAL ID requirements, including the 50 

States, the District of Columbia, and the 

territories of Puerto Rico, U.S. Virgin 

Islands, Guam, the Commonwealth of 

the Northern Mariana Islands, and 

American Samoa. All but five States 

offer their residents the option to obtain 

a noncompliant DL/ID for various 

reasons including State privacy 

requirements, implementation costs to 

the State and residents, and to provide 

the opportunity to obtain a DL/ID to 

residents who may not be able to obtain 

a REAL ID-compliant DL/ID.23

Based on REAL ID data compiled by 

compliant licensing jurisdictions, as of 

January 2024, DHS estimates that 

compliant States, territories, and the 

District of Columbia have issued 

approximately 162 million REAL IDcompliant DL/ID, which represent 

approximately 56 percent of the 

population possessing a State-issued 

DL/ID.24 Data from the States also 

indicates that the States have 

approximately 110 million 

noncompliant marked DL/IDs and 

approximately 14 million legacy 

licenses without any markings (issued 

before a State’s REAL ID compliance 

determination) still in circulation. 

There are a number of factors that 

impact the REAL ID adoption rate in 

any given State resulting in significant 

variability in adoption rates from State 

to State. These factors include: (1) the 

date a State became REAL ID certified 

and began issuing REAL ID-compliant 

DL/IDs, (2) whether the State offers a 

noncompliant DL/ID, (3) the number of 

legacy cards (DL/IDs issued before a 

State became REAL ID certified) still in 

circulation, (4) the validity period of 

DL/IDs issued by a State, (5) the 

disruption to Department of Motor 

Vehicles (DMV) operations and ability 

to provide services during the COVID– 

19 pandemic, and (6) State resource 

constraints, including budgetary and 

staffing constraints. 


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25Over the last twelve months, between January 

2023 and January 2024, the national compounded 

monthly growth rate for the adoption of REAL IDs 

was 0.56 percent. DHS applied the 0.56 

compounded growth rate over the next 16 months 

to forecast the percentage of REAL IDs in 

circulation by May 2025, relative to all DL/IDs in 

circulation. 

26See 73 FR 5325–5326, and accompanying 

Regulatory Evaluation, Department of Homeland 

Security, January 17, 2008, Regulatory Evaluation, 

Docket Number DHS–2006–0030; 9 H.R. Rep. No. 

109–72, 176–185 (2005) available at https://

www.congress.gov/109/crpt/hrpt72/CRPT109hrpt72.pdf (last visited June 17, 2024). 

Generally, States that have become 

REAL ID certified more recently are 

more likely to have a lower REAL ID 

adoption rate than States that were 

certified earlier, as their populations 

have had less time to obtain a REAL IDcompliant DL/ID. While some licensing 

jurisdictions have been issuing REAL 

ID-compliant cards for many years and 

have high adoption rates, nearly half 

(27) of the jurisdictions have only been 

certified since 2018. States that issue 

cards with longer validity periods 

generally have lower adoption rates 

than States that issue cards with shorter 

validity periods, as it takes longer for 

legacy cards to cycle through their 

validity period. REAL ID adoption rates 

are also influenced by whether a State 

offers its population the option to 

receive a noncompliant card. There are 

many reasons States choose to offer 

residents the option to obtain a 

noncompliant card when an 

individual’s DL/ID is due for renewal, 

including the ability to meet eligibility 

requirements for a compliant DL/ID, 

potential greater monetary and time 

costs associated with obtaining a 

compliant DL/ID, and the convenience 

of renewing a legacy or existing 

noncompliant DL/ID online instead of 

travelling in person to the DMV (this 

became particularly relevant during the 

extended COVID–19 pandemic). In 

States that offer noncompliant cards, a 

substantial number of individuals 

choose to obtain a noncompliant card, 

rather than a compliant DL/ID, when 

they seek to renew an existing legacy or 

noncompliant DL/ID. DHS understands 

that individuals may choose to obtain a 

noncompliant card for a number of 

reasons including lower monetary costs, 

reduced time burden of collecting 

necessary documents, and avoiding inperson visits to physical DMV locations. 

As a result of the COVID–19 

pandemic, most State licensing agencies 

were forced to close branches or operate 

at a reduced capacity for extended 

periods of time, limiting the ability of 

their residents to obtain REAL IDcompliant DL/IDs. The impact of 

pandemic-related mitigation measures 

on REAL ID adoption was accentuated 

by two additional factors. First, 27 

jurisdictions were certified between 

2018 and 2022, meaning they had very 

little or no time to issue REAL IDcompliant DL/IDs prior to the mitigation 

measures implemented during the 

pandemic. As a result, these States had 

only issued a relatively low number of 

REAL ID-compliant DL/IDs when 

adoption rates started falling during, 

and continuing after, the pandemic. The 

combination of low numbers of 

compliant DL/IDs issued pre-pandemic 

and the decreased rate of adoption 

during the pandemic suggests that the 

current number of compliant DL/IDs 

issued in these States is unlikely to be 

significantly higher than the prepandemic number. Second, REAL IDcompliant DL/IDs cannot be issued 

without the physical presence of the 

applicant, but during the pandemic 

many States extended license expiration 

dates and offered individuals the ability 

to obtain noncompliant DL/IDs without 

an in-person visit to the DMV (through 

an online or mail process, for example). 

To avoid visiting the DMV many 

individuals who might have otherwise 

obtained a REAL ID likely chose to 

obtain a noncompliant card instead. 

DHS observed widespread decreases 

in REAL ID adoption rates coupled with 

significant increases in noncompliant 

card issuance rates during, and 

immediately after, the pandemic. This 

trend resulted in reduced adoption 

rates. Prior to the pandemic, the 

national REAL ID adoption rate was 

approximately 2.5 percent per month, 

however, this rate dropped to less than 

0.5 percent in April and May of 2020. 

As of January 2024, the national 

adoption rate has not reached its prepandemic level and continues to stand 

at approximately 0.56 percent per 

month. As detailed in the regulatory 

analyses (section IV(b)(2)(e) Adoption of 

REAL ID-Compliant DL/IDs), DHS 

estimates that only about 61.2 percent of 

DL/IDs in circulation would be REAL 

ID-compliant by the card-based 

enforcement deadline of May 7, 2025.25

The significant increase in the 

issuance of noncompliant cards to 

individuals renewing existing 

noncompliant and legacy DL/IDs will 

also likely continue to depress adoption 

rates for several years. All States 

provide their residents with the 

opportunity to obtain a REAL IDcompliant DL/ID when their current DL/ 

ID comes up for renewal or if they are 

seeking their first driver’s license in the 

State. Depending on the State, DL/IDs 

may be valid anywhere from 3 to 8 

years. Because REAL ID adoption has 

been strongly tied to the renewal cycle 

and period of validity of existing DL/ 

IDs, DHS expected adoption rates to rise 

as residents in States with long validity 

periods needed to renew their DL/IDs. 

However, the significant increase in 

issuance of noncompliant DL/IDs during 

the pandemic in States where this 

option was offered as a less burdensome 

alternative for individuals to renew 

their DL/IDs disrupted this expected 

effect, as a substantial number of 

individuals chose to obtain a 

noncompliant DL/ID rather than a 

compliant DL/ID. The impact of the 

pandemic is then two-fold; it not only 

drove down adoption rates by limiting 

opportunities for individuals to obtain a 

compliant DL/ID, but also delayed the 

strongest catalyst for REAL ID adoption, 

the renewal of a legacy DL/ID. As a 

result, many individuals have been 

issued noncompliant DL/IDs with full 

validity periods, and thus would not be 

incentivized to obtain a REAL ID based 

upon renewal until their noncompliant 

DL/ID expires, which depending on the 

State validity period could be years 

away. 

III. Summary of Proposed Rule 

A. Phased Enforcement Plans 

DHS believes that beginning cardbased enforcement on May 7, 2025, is 

the most effective path to achieve full 

implementation of the REAL ID Act and 

regulations. The requirements of the 

REAL ID Act and regulations provide 

significant security benefits by 

improving the accuracy of identity 

verification processes.26 Beginning cardbased enforcement will accelerate the 

timeline for full realization of these 

increased security standards. The most 

recent card-based enforcement 

extension until May 7, 2025, was 

intended to provide sufficient time for 

individuals to obtain a REAL ID and for 

DMVs across the country to fully 

accommodate the demand for REAL IDcompliant DL/IDs. This proposed rule 

recognizes the importance of retaining 

the May 7, 2025, deadline to begin 

enforcement while recognizing that for 

some agencies an immediate transition 

to full enforcement may not be 

appropriate in light of relevant factors. 

Today, the REAL ID adoption rate 

continues to remain well below the prepandemic rate. DHS recognizes that 

without a significant increase in the 

adoption rate leading up to the May 7, 

2025, deadline millions of 

noncompliant cards will still be in 

circulation on that date. Even assuming 

a substantial increase in the adoption 

rate, it is difficult to predict the number 

of people who will seek to use nonVerDate Sep<11>2014 16:43 Sep 11, 2024 Jkt 262001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\12SEP1.SGM 12SEP1

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27Although a segment of the population may not 

possess a REAL ID, they may have other forms of 

identification acceptable for official purposes (e.g., 

a U.S. passport, U.S. passport card, or military 

identification). TSA’s acceptable ID list is available 

at https://www.tsa.gov/travel/security-screening/ 

identification. 

28 DHS calculates the compounded monthly 

growth rate for the last 12 months in section 

IV(b)(2)(e) Adoption of REAL ID-Compliant DL/IDs. 

29 DHS Releases Phased Enforcement Schedule 

for REAL ID (Dec. 20, 2013), available at https://

www.dhs.gov/news/2013/12/20/dhs-releasesphased-enforcement-schedule-real-id. 

30TSA to Notify Travelers of Upcoming 2018 

REAL ID Airport Enforcement—Signs at Airports to 

Inform Travelers of ID Requirements at Security 

Checkpoints (Dec. 12, 2016), available at https://

www.dhs.gov/news/2016/12/12/tsa-notify-travelersupcoming-2018-real-id-airport-enforcement. 

REAL ID-compliant IDs for Federal 

official purposes when enforcement 

begins on May 7, 2025. The populationwide adoption rate will likely differ 

from the adoption rate of specific 

populations who will need to present a 

REAL ID for official purposes including 

boarding federally-regulated commercial 

aircraft or entering a Federal facility. 

The adoption rate is also likely to differ 

across geographic areas with certain 

regions having relatively higher or lower 

concentrations of individuals without a 

REAL ID-compliant DL/ID. 

DHS also acknowledges the possible 

risks to Federal agencies and public 

impact should a significant number of 

individuals seek to use non-REAL IDcompliant DL/IDs for REAL ID official 

purposes when enforcement begins. In 

some cases, this may impact how 

agencies provide certain services or 

conduct business with the public. If 

many individuals seek to use 

noncompliant DL/IDs at the same 

location, this could result in significant 

backlogs at access points to Federal 

facilities and TSA security checkpoints 

with the potential to result in significant 

negative downstream outcomes and 

poor customer experience. In TSA’s 

example, if a large number of 

individuals arrived at an airport security 

checkpoint with noncompliant DL/ 

IDs,27 they would not be able use that 

DL/ID to proceed through screening, 

potentially resulting in missed flights. 

Additionally, long lines, confusion, and 

frustrated travelers at the checkpoint 

may significantly increase security risks 

both to passengers and TSA personnel 

by drawing the resources and attention 

of TSA personnel away from other 

passengers, including those known to 

pose an elevated risk. Although DHS is 

most engaged with the REAL ID official 

purpose of boarding federally-regulated 

commercial aircraft and TSA’s 

operations, other Federal agencies may 

also experience an impact if they begin 

full enforcement May 7, 2025. 

Given that approximately 56 percent 

of DL/IDs in circulation are REAL IDcompliant as of January 2024 and the 

low current adoption rates, there is a 

real possibility of disruptions like those 

described above that could occur if all 

agencies begin full enforcement on May 

7, 2025. Using the compounded 

monthly growth rate for the last 12 

months (0.56 percent), DHS estimates 

that 61.2 percent of REAL IDs, relative 

to all DL/IDs in circulation, would be 

REAL ID-compliant.28 Additionally, 

even if population-wide adoption rates 

are significantly higher than they are 

currently, these outcomes may 

nonetheless unfold if adoption rates 

remain low in specific States or amongst 

specific groups of individuals. 

Operational disruptions could still 

occur at locations in areas that have a 

high concentration of individuals 

without REAL IDs or during times of the 

year when large numbers of people who 

do not fly frequently, and who may not 

possess a REAL ID or other acceptable 

form of identification, seek to travel. 

DHS anticipates that other agencies that 

operate facilities nationwide or 

experience significant shifts in the 

number of individuals presenting 

identification for official purposes 

throughout the year may have similar 

concerns about the possibility of 

disruption based on the current trend in 

REAL ID adoption rates. 

Recognizing these challenges and the 

uncertainty in the number of 

individuals Federal agencies may 

encounter who do not have a REAL ID 

or other acceptable identification on 

May 7, 2025, Federal agencies would 

benefit from added flexibility to 

implement enforcement of the REAL ID 

regulations in a manner that takes into 

account relevant factors including 

security, operational feasibility, and 

public impact. This proposed rule 

would permit agencies to make a 

determination that phased enforcement 

is appropriate, in consideration of these 

factors. The rulemaking would allow 

individual agencies to use their own 

expertise to structure enforcement plans 

in such a manner that will lead to 

successful enforcement of the REAL ID 

regulations while mitigating potential 

risks of immediately transitioning to full 

enforcement on May 7, 2025. 

The ability to implement the cardbased requirements under a phased 

approach after the deadline, for a twoyear period, would allow Federal 

agencies to start card-based enforcement 

in a manner that reduces potential 

disruption to operations, reduces 

negative public impact, and supports a 

smooth transition to full card-based 

enforcement and the increased security 

benefits of REAL ID. For example, 

agencies would have the ability to begin 

enforcement by issuing warning notices 

or through progressive consequences if 

they determine that those measures 

would most effectively mitigate the risks 

of an immediate transition to full 

enforcement. Without this flexibility, 

and especially if the adoption rate 

remains low leading up to May 7, 2025, 

DHS believes Federal agencies could 

face a serious risk of operational 

disruption, negative public impact, and 

potential security vulnerabilities. 

Further, implementation of cardbased enforcement through a phased 

approach is consistent with DHS’ 

approach to State-based enforcement.29

Beginning in January 2013, DHS 

incrementally enforced the State-based 

regulatory deadline prohibiting agencies 

from accepting licenses and cards 

issued by States that were not compliant 

with the REAL ID standards. The 

enforcement schedule began with DHS 

headquarters and other Federal facilities 

in 2014 with the final phase, boarding 

a Federally regulated commercial 

aircraft, going into effect in 2018.30 This 

phased enforcement period allowed 

States to continue to build the 

infrastructure and institutional capacity 

to issue REAL ID-compliant DL/IDs 

before enforcement began in the most 

impactful context (boarding federally 

regulated commercial aircraft). 

DHS’ approach to State-based 

enforcement demonstrated that phased 

enforcement can be effective in 

achieving compliance with REAL ID 

requirements. This proposed rule would 

provide Federal agencies the flexibility 

to determine whether a phased plan to 

implement the REAL ID card-based 

enforcement requirements beginning on 

May 7, 2025, is appropriate for its 

particular circumstances. Such 

flexibility would allow agencies to begin 

card-based enforcement as part of 

measured, responsible, and achievable 

plan leading to full enforcement of the 

REAL ID regulations. 

Additionally, permitting agencies to 

begin enforcement using a phased 

approach may facilitate increased 

adoption of REAL ID-compliant DL/IDs. 

It would allow agencies to reiterate that 

further extensions of the May 7, 2025, 

enforcement deadline are unlikely by 

demonstrating that the government is 

planning and preparing to begin 

enforcement. DHS anticipates that 

agencies announcing concrete plans for 

commencing enforcement on May 7, 

2025, could likely incentivize 

individuals to obtain a REAL IDVerDate Sep<11>2014 16:43 Sep 11, 2024 Jkt 262001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\12SEP1.SGM 12SEP1

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31For example, Oregon has recently approved an 

increase in DMV staff dedicated to issuing REAL IDcompliant DL/IDs in anticipation of the May 7, 

2025, deadline. Oregon Department of 

Transportation (ODOT), ODOT Operational Report 

to the Oregon Transportation Commission (March 5, 

2024), available at https://www.oregon.gov/odot/ 

Get-Involved/OTCSupportMaterials/Agenda_F_

Operational_Report_PACKET.pdf (last visited April 

17, 2024). 

32The requirements of the REAL ID Act and 

regulations specifically apply to Federal agencies 

accepting DL/IDs for official purposes. 

33See U.S. Department of Homeland Security Soft 

Targets and Crowded Places Security Plan 

Overview, 5–6 (May 2018), available at https://

www.cisa.gov/sites/default/files/publications/DHSSoft-Target-Crowded-Place-Security-Plan-Overview052018-508_0.pdf (last visited April 18, 2024). 

34See REAL ID Act of 2005 Implementation: An 

Interagency Security Committee Guide (2019), p. 4– 

7, available at https://www.cisa.gov/resources-tools/ 

resources/isc-guide-real-id-act-2005- 

implementation. 

compliant DL/ID and result in increased 

demand at State DMVs. Increased 

demand leading up to and after the 

deadline may outpace the ability of 

licensing jurisdictions to meet that 

demand. The TSA REAL ID Program has 

been working with States in preparation 

for the beginning of REAL ID 

enforcement. During this engagement, 

some States have expressed concern 

with ability to meet potential demand.31

Using a phased approach may also 

allow agencies to provide licensing 

jurisdictions the opportunity to make 

adjustments to alleviate potential 

backlogs. 

This proposed rule also recognizes 

that individual Federal agencies are in 

the best position to determine how to 

ensure successful implementation of the 

REAL ID requirements within their 

operational context. In making a 

determination of whether phased 

enforcement instead of an immediate 

transition to full enforcement is 

appropriate, agencies must, at a 

minimum, consider three relevant 

factors that will inform their decision. 

DHS identified the three factors it 

believes are most likely to impact 

efficient and successful implementation 

of card-based enforcement: security, 

operational feasibility, and public 

impact. 

In considering security, agencies 

should weigh both the security benefits 

that card-based enforcement provides as 

well as potential security vulnerabilities 

that an immediate transition to full 

enforcement might create. For many 

agencies, DHS anticipates that the 

increased security provided by cardbased enforcement weigh in favor of an 

immediate transition to full 

enforcement. However, in certain 

contexts, an immediate transition to full 

enforcement may result in security 

vulnerabilities. For example, no longer 

accepting noncompliant DL/IDs may 

lead to long lines and crowding at 

access points to Federal facilities or 

airport security checkpoints 32 creating 

soft targets for terrorists or violent 

extremists.33 Additionally, an 

atmosphere of confusion and frustrated 

individuals who are denied access risks 

distracting security personnel from 

correctly executing their procedures. 

Agencies should take a holistic 

approach in evaluating the security 

implications of transitioning to full 

card-based enforcement. 

Regarding operational feasibility, 

agencies should consider any 

implications that transitioning to full 

enforcement may have on their ability to 

continue effectively carrying out 

operations in support of their mission. 

DHS anticipates that in many cases, 

immediately transitioning to full 

enforcement would have little to no 

impact on agencies’ ability to execute 

their missions and would enhance 

security. Agencies may have limited 

interactions with the public that 

necessitate members of the public 

seeking to access Federal facilities that 

require proof of identity for entry. In 

cases where agencies currently interact 

with members of the public at such 

facilities, agencies may be able to easily 

adjust the manner in which they 

interact with the public or provide a 

service to alleviate the need for 

individuals to use their DL/ID for a 

REAL ID official purpose. For example, 

agencies may be able to hold meetings 

in facilities that do not require the 

presentation of identification 

documents or hold virtual meetings. For 

certain agencies whose missions include 

operations requiring frequent use of 

identification documents for a REAL ID 

official purpose, an immediate 

transition to full enforcement may 

challenge an agency’s ability to 

effectively carry out its mission if a 

significant number of individuals seek 

to use noncompliant DL/IDs after the 

May 7, 2025, deadline. For these 

agencies, implementing card-based 

enforcement through a phased approach 

would allow the opportunity to observe 

changes in the number of noncompliant 

cards they encounter after the deadline 

and transition to full enforcement in a 

manner that ensures continuity of 

operations. 

Finally, agencies should assess 

whether an immediate transition to full 

enforcement would negatively impact 

the public and the provision of services 

to the public. The requirements of the 

REAL ID Act and regulation apply only 

in contexts where individuals must 

present an identification document to 

Federal agencies for REAL ID official 

purposes.34 Card-based enforcement 

should not impact access to Federal 

facilities that do not require 

identification (for example, public areas 

of the Smithsonian museums). Cardbased enforcement also should not 

impact public services that require 

identification for purposes other than an 

official purpose as defined by the Act 

and regulation (for example, applying 

for or receiving Federal benefits is not 

a REAL ID official purpose). However, 

in cases where a government function 

impacting the public does involve a 

REAL ID official purpose (for example, 

boarding a federally-regulated 

commercial aircraft or providing a 

public service that necessitates members 

of the public accessing a Federal facility 

that requires proof of identity for entry), 

agencies should consider the extent to 

which an immediate transition to full 

enforcement would impact their ability 

to provide that service. 

In addition to these factors, agencies 

may consider other factors they deem 

relevant and necessary to make their 

determination. Agencies’ consideration 

of all relevant factors will be informed 

by changes in the adoption rate leading 

up to the card-based enforcement 

deadline. Certain factors may be given 

more or less weight depending on the 

number of REAL ID noncompliant DL/ 

IDs agencies are likely to encounter on 

and after the deadline. For agencies that 

determine that beginning full card-based 

enforcement on May 7, 2025, would not 

pose significant risks after considering 

security, operational feasibility, public 

impact, and other relevant factors, the 

proposed rule maintains the current 

regulatory default of an immediate 

transition to full enforcement. Agencies 

that determine that commencing full 

card-based enforcement on May 7, 2025, 

is not appropriate after considering the 

relevant factors, may utilize a phased 

approach that would allow them to 

facilitate continued secure and orderly 

operations and minimize impacts to the 

public while implementing enforcement 

phases that lead to full REAL ID 

enforcement. This flexibility would 

allow these agencies to maintain 

operational efficiency; reduce security 

risks born from long lines, incidents, 

and distractions caused by additional 

identity verification procedures or 

turning away individuals who do not 

have acceptable identification; decrease 

potential public backlash to security 

personnel enforcing REAL ID; and limit 

potential negative impacts to the public. 

Should an agency determine that 

phased enforcement is appropriate, DHS 


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35More detailed discussion of these options is 

provided in section D. below. 

36 49 U.S.C. 30301 note; 73 FR 5271. 

37On December 29, 2022, the Consolidated 

Appropriations Act, 2023 (Pub. L. 117–328), was 

signed into law, authorizing the transfer of the 

REAL ID Program from the DHS Office of Strategy, 

Policy, and Plans to TSA. On May 22, 2023, the 

Secretary of Homeland Security approved a 

delegation formally vesting in TSA the authority to 

manage, administer, and coordinate DHS actions 

necessary for implementation of the REAL ID Act. 

38https://www.dhs.gov/real-id. 

39 Id. 

40The regulatory evaluation for the Minimum 

Standards for Driver’s Licenses and Identification 

Cards Acceptable by Federal Agencies for Official 

Purposes Final Rule identifies the primary benefit 

of REAL ID as improving security and lessening the 

vulnerability of Federal buildings, nuclear facilities, 

and aircraft to terrorist attacks. Department of 

Homeland Security, January 17, 2008, Regulatory 

Evaluation, Docket Number DHS–2006–0030. 

https://www.regulations.gov/document/DHS-2006- 

0030-10704. pgs. 129–130. 

also recognizes that the individual 

agency is best positioned to structure its 

enforcement plan to account for its 

particular operational setting. The 

proposed rule would allow agencies to 

develop a phased enforcement best 

suited to ensuring a successful 

transition to phased enforcement in 

their specific context. Although this 

proposed rule does not prescribe the 

form that phased enforcement plans 

must take in incrementally 

implementing enforcement of the 

requirements, DHS does provide some 

options that agencies may consider.35

For example, agencies’ plans may 

include an initial phase during which 

warning notices are issued and/or a 

phase involving progressive 

enforcement measures—like a ‘‘threestrikes’’ system or other methods—that 

enable agencies to begin enforcement 

without immediately denying access to 

individuals with noncompliant 

identification on the card-based 

enforcement deadline. 

In order to ensure that agencies’ 

enforcement plans appropriately 

advance the objectives of the REAL ID 

regulations and maintain consistent 

progress towards full enforcement, the 

plans must be coordinated with DHS. 

The REAL ID Act charges DHS with 

authority to implement the Act’s 

requirements.36 Requiring agencies that 

make a determination to implement the 

REAL ID regulations through a phased 

enforcement plan to coordinate their 

plan with DHS ensures consistency, as 

appropriate, and DHS oversight of 

successful implementation of the Act 

and regulatory requirements. Agencies 

seeking to use a phased enforcement 

plan would be required to coordinate 

with DHS through the TSA REAL ID 

Program Office.37 DHS expects and 

strongly encourages agencies to make a 

determination on whether a phased 

enforcement plan is appropriate and, 

where appropriate, develop their plan in 

advance of the May 7, 2025, deadline. 

However, DHS recognizes that agencies 

may seek to begin full enforcement on 

the deadline and encounter 

unanticipated challenges or agencies 

may encounter unforeseen issues in 

implementing the plan they developed. 

In such cases, agencies may coordinate 

a new or modified phased enforcement 

plan with DHS after the enforcement 

deadline. Additional information 

regarding how agencies should 

coordinate with DHS will be provided 

on the DHS REAL ID web page.38

DHS acknowledges the potential for 

some confusion resulting from the 

possibility of various agencies 

implementing different phased 

enforcement plans. This proposed rule 

seeks to mitigate that potential 

confusion by (1) requiring agencies 

using a phased approach to make their 

plan publicly available on their web 

page, and (2) requiring DHS to post a list 

of agencies that have coordinated 

phased enforcement plans with DHS on 

the DHS REAL ID web page 39 to provide 

public notice of the agencies 

implementing phased approaches. 

Agencies should also clearly provide 

their policies for access control, 

including other acceptable forms of 

identification. Ultimately, even with the 

risk of some confusion, DHS believes 

this approach is preferable to full 

enforcement on May 7, 2025, with the 

potential to cause significant disruption 

or another extension of the deadline, 

which is unlikely to incentivize 

increased REAL ID adoption. 

The proposed rule also would require 

that any agency that chooses to 

implement card-based enforcement 

under a phased approach must fully 

enforce the card-based requirements no 

later than May 5, 2027. On and after that 

date, agencies may not accept 

noncompliant marked DL/IDs or legacy 

DL/IDs for official purposes. As 

mentioned above, DHS anticipates that 

shortly before, and as REAL ID cardbased enforcement begins on May 7, 

2025, individuals’ urgency to obtain a 

compliant DL/ID will likely increase as 

they realize that they will need a 

compliant DL/ID when they seek to use 

their DL/ID for REAL ID official 

purposes. In States with low adoption 

rates, large numbers of individuals may 

rapidly seek to obtain REAL IDcompliant DL/IDs. This potential rapid 

increase in demand may challenge the 

capacity of licensing jurisdictions and 

may create backlogs in issuance of 

REAL ID-compliant cards. The two-year 

window during which agencies may 

implement enforcement in phases is 

designed, in part, to provide States 

sufficient additional time to meet 

increases in demand for REAL IDcompliant cards. Agencies who decide 

to use a phased enforcement plan may 

choose to implement plans that reach 

full enforcement in less than 2 years, 

but all phased plans must conclude, 

reaching full card-based enforcement, 

no later than May 5, 2027. 

DHS chose a two-year period during 

which agencies may implement phased 

enforcement plans to balance delay in 

fully realizing the security benefits of 

REAL ID with allowing sufficient time 

for Federal agencies to encourage greater 

adoption rates and limit negative 

enforcement impacts, where 

appropriate, and for States to meet the 

increased demand as individuals seek to 

obtain compliant DL/IDs. DHS also 

considered phased enforcement periods 

of one, three, four, or five years’ 

duration. DHS chose 2 years as it 

believes this time period provides 

sufficient opportunity for individuals to 

obtain a compliant DL/IDs, while 

maintaining an impending need 

(incentive) to do so, and for States to 

process them (e.g., time to budget any 

short term ramp up that may be 

necessary) but also requests public 

comment on the length of the phased 

enforcement period. 

DHS did not select 1 year because 

DHS believes this timeframe would not 

provide enough time for the anticipated 

effects of the enforcement deadline and 

phased enforcement plans to be realized 

and reflected in adoption rates. Many 

individuals may only seek to use their 

DL/ID for official purposes once or 

twice a year (for example, boarding a 

commercial flight to travel for a holiday 

or vacation). In a one-year phased 

enforcement period, individuals who 

learn of the need to obtain a REAL IDcompliant DL/ID towards the end of that 

one-year period—possibly through a 

warning notice as part of an agency’s 

phased enforcement plan—may not 

have sufficient time to obtain a 

compliant DL/ID before full 

enforcement begins. Additionally, if 

increased demand for compliant DL/IDs 

leading up to and right after the 

deadline results in backlogs at State 

DMVs, DHS believes 1 year may not be 

sufficient time for States to make any 

necessary adjustments to process 

potential backlogs. Although a one-year 

phased enforcement period would 

provide a shorter delay in obtaining the 

full security benefits of REAL ID as 

described in the 2008 rule,40 DHS does 


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41For example, the U.S. Department of Defense 

(DoD) recently finalized an update to its DoD-Wide 

installation security policy and is in the process of 

no longer accepting noncompliant marked cards 

across all of its facilities and installations. 42Supra note 26. 

43 DHS Launches ‘‘Be Your REAL ID Self’’ Public 

Awareness Campaign, January 15, 2021, https:// 

not believe it is a long enough period for 

individuals and States to both 

apprehend the need for action as a 

result of card-based enforcement and 

take action to obtain or make 

adjustments needed to issue REAL IDcompliant DL/IDs. 

DHS did not select three, four, or five 

years because DHS believes a time 

period longer than 2 years would further 

delay the security benefits of REAL ID 

and is unlikely to provide the same 

incentive for individuals to obtain a 

complaint DL/ID. DHS believes that 2 

years after the card-based enforcement 

deadline is a sufficient amount of time 

for individuals to obtain and States to 

provide REAL ID-compliant DL/IDs to 

any eligible individual who seeks to 

obtain one. DHS believes that allowing 

more time for phased enforcement 

beyond 2 years is unlikely to offer a 

meaningful additional opportunity for 

individuals and States to take necessary 

action and could further delay the 

security benefits of REAL ID. 

Additionally, allowing for phased 

enforcement for more than 2 years may 

discourage individuals and States from 

prioritizing necessary action. 

Finally, to avoid any confusion about 

the ability of Federal agencies to 

continue to accept noncompliant 

marked DL/IDs issued under § 37.71, the 

proposed rule would clarify that Federal 

agencies may continue to accept these 

licenses past May 7, 2025, if they are 

doing so pursuant to an enforcement 

plan coordinated with DHS. Although 

some agencies may accept 

noncompliant marked DL/IDs for 

official purposes as part of a phased 

enforcement plan, other agencies may 

choose not to accept noncompliant 

marked DL/IDs as part of their phased 

enforcement plan, may determine that 

phased enforcement is not appropriate, 

or currently do not accept noncompliant 

marked DL/IDs for official purposes.41

Individuals who need to visit a Federal 

facility should check in advance 

whether the agency requires 

identification for access purposes and, if 

they do, review the agency’s access 

control policies. 

B. Consideration of Further Extending 

the Card-Based Enforcement Deadline 

As an alternative to the approach this 

rule proposes, DHS also considered 

further extending the REAL ID cardbased enforcement deadline to allow for 

more time for the adoption rate to 

increase. However, DHS believes that 

maintaining the deadline of May 7, 

2025, while providing agencies the 

flexibility to make a determination that 

phased enforcement is appropriate will 

allow for a faster and smoother 

transition to full card-based 

enforcement than another extension of 

the deadline. 

DHS prefers the approach proposed in 

this rule rather than an extension for 

several reasons. First, by maintaining 

the current deadline, agencies that do 

not determine that phased enforcement 

is appropriate will immediately 

transition to full card-based 

enforcement on May 7, 2025. This 

allows the security benefits of REAL ID 

to be fully realized in contexts where 

full enforcement poses little risk of 

creating other security risks, interfering 

with operational feasibility, or 

disrupting public services. If the 

deadline is extended, agencies that 

could immediately transition to full 

enforcement are unlikely to do so before 

the new deadline, delaying security 

benefits that would otherwise be 

available. DHS expects that a significant 

number of agencies will begin full 

enforcement on the deadline because 

doing so is appropriate within their 

operational context. 

Second, DHS believes that the 

approach provided by this rulemaking is 

likely to have a positive impact on the 

REAL ID adoption rate, but that an 

extension would not incentivize an 

increase in demand for REAL IDcompliant DL/IDs. Because of the 

history of extensions related to REAL ID 

enforcement, DHS expects that there is 

some confusion, lack of awareness, and 

apathy associated with the May 7, 2025, 

deadline. Given the prior history, DHS 

believes that the public may continue to 

expect that additional extensions are 

likely and not feel urgency to obtain a 

REAL ID until DHS demonstrates that 

another extension is unlikely. Further, 

since the most recent extension in 

March 2023, DHS has observed the rate 

of growth in adoption of compliant DL/ 

IDs remains very low (0.56 percent).42

As a result, DHS believes that further 

extensions of the card-based 

enforcement date are not an effective 

means of incentivizing changed 

behavior. 

Instead, DHS expects that allowing 

agencies to enforce the May 7, 2025, 

deadline through a phased approach 

will incentivize increased demand for 

REAL IDs in at least two ways. First, it 

will incentivize increased adoption 

rates as the deadline approaches. In part 

due to concerns related to low adoption 

rates, DHS has previously extended the 

card-based deadline several months 

before the enforcement date, limiting 

the effect of urgency to obtain a 

compliant DL/ID related to the deadline. 

As the deadline approaches, and DHS 

does not issue an extension, DHS 

expects individuals that were otherwise 

relying on another extension to obtain a 

compliant DL/ID. 

Second, DHS expects individuals who 

may not be aware of the deadline to be 

incentivized to obtain a compliant DL/ 

ID when they experience the 

consequences of enforcement. During 

the phased enforcement period 

individuals will experience varying 

levels of consequences including 

warning notices and progressive 

enforcement (as part of a phased 

enforcement plan), or full enforcement 

(where agencies transition to full 

enforcement on the deadline). These 

consequences will incentivize 

individuals who experience them to 

obtain a REAL ID. Further, because the 

individuals who most frequently use 

their DL/ID for REAL ID purposes will 

be the most likely to experience 

consequences, DHS expects that phased 

enforcement will especially incentivize 

increased adoption amongst this 

population. This will in turn lessen the 

likelihood of disruption when agencies 

transition to full enforcement because 

the individuals who most often use 

State-issued DL/IDs for REAL ID official 

purposes will have been motivated to 

obtain a REAL ID during the phased 

enforcement period. Additionally, 

individuals may share their experience 

with personal contacts, potentially 

incentivizing others to obtain a 

compliant DL/ID. DHS expects that as 

awareness that REAL ID is being 

enforced becomes widespread, 

individuals who intend to use their DL/ 

ID for official purposes will be 

motivated to obtain a compliant DL/ID. 

C. Broad DHS Approach 

This proposed rule represents one 

aspect of DHS’ broad approach towards 

transitioning to enforcement of the 

REAL ID requirements on May 7, 2025. 

Although this proposed rulemaking is 

critical to providing agencies with the 

necessary flexibility to ensure a smooth 

transition to full card-based 

enforcement, DHS is engaged in a 

number of efforts to improve adoption 

rates. This layered approach includes 

heavy engagement with States that have 

low REAL ID adoption rates, a public 

advertising campaign raising awareness 

of upcoming REAL ID enforcement and 

the benefits of obtaining a REAL ID,43


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www.dhs.gov/real-id/news/2021/01/15/dhslaunches-be-your-real-id-self-public-awarenesscampaign. 

44Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users, 

Public Law 109–59, August 10, 2005. 

and engagement with the travel 

industry. This proposed rule, in 

combination with these other efforts, 

works to lay the necessary foundation 

for transitioning the nation to 

enforcement of REAL ID requirements 

on May 7, 2025. 

D. Phased Enforcement Guidance 

Under this proposed rule, agencies 

would have broad discretion to 

determine the structure of their phased 

enforcement plan so long as they 

comply with the requirements in the 

rule to: 

(1) Make a determination that a 

phased enforcement plan is appropriate 

in consideration of relevant factors 

including security, operational 

feasibility, and public impact; 

(2) Coordinate the phased 

enforcement plan with DHS; 

(3) Make the phased enforcement plan 

publicly available on the agency’s web 

page; and 

(4) Achieve full enforcement of the 

carb-based REAL ID requirements no 

later than May 5, 2027. 

The required coordination with DHS 

will provide DHS with visibility on 

government-wide implementation of 

REAL ID as well as allow DHS to serve 

in liaison role between agencies where 

there may be overlapping equities. 

During the coordination process, DHS 

seek to provide agencies guidance on 

how best to use their phased plan to 

transition to full enforcement. DHS may 

offer feedback or suggestions related to 

an agency’s plan during this process. 

However, as long as agencies comply 

with the proposed requirements in this 

rule, they would have broad discretion 

to structure their plans. 

As guidance to Federal agencies and 

to promote consistency, DHS provides 

the below discussion and examples of 

enforcement models as options agencies 

may consider if they determine that a 

phased approach to REAL ID card-based 

enforcement on May 7, 2025, is 

appropriate. DHS anticipates that 

informed compliance would be the 

enforcement model best suited for most 

agencies that determine phased 

enforcement is appropriate. Federal 

agencies that do not make a 

determination that phased enforcement 

is appropriate and do not coordinate a 

phased enforcement plan with DHS 

must begin full card-based enforcement 

on May 7, 2025. Under full card-based 

enforcement, Federal agencies may only 

accept a State-issued DL/ID for official 

purposes if that DL/ID is issued in 

accordance with REAL ID requirements 

by a REAL ID-compliant State. 

Informed Compliance Model. Under 

an informed compliance model, 

agencies would provide written and 

verbal notice to any individual that 

seeks to use a valid, unexpired, 

noncompliant DL/ID for an official 

purpose on or after the card-based 

enforcement date of May 7, 2025. 

Individuals would then be permitted to 

continue the process for accessing a 

Federal facility or boarding a 

commercial aircraft. The written notice 

agencies provide should inform the 

individual that their DL/ID is 

noncompliant with REAL ID 

requirements, that they should contact 

their DMV for further information 

regarding obtaining a REAL ID, the date 

on which the agency will either begin 

fully enforcing REAL ID requirements or 

will proceed to a subsequent 

enforcement phase, and what to expect 

if the individual presents a 

noncompliant DL/ID and no other 

acceptable form of identification after 

that date. An accompanying verbal 

notice should briefly summarize the 

written notification and, at a minimum, 

inform the individual they are not in 

compliance with REAL ID requirements 

and direct the individual to reference 

the written notice. Under this model, 

agencies would not maintain a record of 

individuals who have presented a 

noncompliant DL/ID and have been 

issued a notice. Individuals who present 

an alternate acceptable form of 

identification (for example, a passport at 

the TSA checkpoint) would not receive 

a noncompliance notification. Under 

this model, agencies would continue to 

employ existing security and identity 

verification processes to confirm the 

authenticity and validity of the 

noncompliant DL/ID presented. 

DHS has previously utilized an 

informed compliance model to balance 

the need to begin enforcement of an 

identity verification-related mandate 

while minimizing the impact of 

enforcement on commerce. DHS 

effectively employed Informed 

Compliance as an enforcement 

mechanism for 6 months after it began 

enforcing the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA– 

LU).44 SAFETEA–LU mandated that all 

foreign commercial hazardous materials 

(hazmat) licensed drivers were required 

to pass a background check that was 

comparable to that required under the 

USA PATRIOT Act for U.S. commercial 

hazmat drivers. DHS determined that 

the background check required to obtain 

the U.S. Customs and Border Protection 

Free and Secure Trade (FAST) card was 

comparable to that required for U.S. 

licensed commercial drivers. However, 

DHS estimated that at the start of 

enforcement, a large number of drivers 

would not have accomplished the 

background check process, and there 

was risk of significant impact to crossborder commerce. DHS implemented a 

6-month period of Informed Compliance 

at the start of enforcement. At border 

checkpoints, foreign commercial drivers 

who did not have the FAST background 

check were provided a written notice 

that they were not in compliance and 

had until a final enforcement date to 

achieve compliance, but were allowed 

to drive in the United States in the 

interim. After the period of Informed 

Compliance, drivers without the 

appropriate background check were not 

allowed into the United States. 

Informed Compliance with Limits. 

Under an Informed Compliance with 

Limits model, agencies would limit the 

number of times an individual may 

present a noncompliant DL/ID for an 

official purpose. Once an individual 

exceeds the prescribed number of 

allowable attempts, they would be 

denied the ability to use their 

noncompliant DL/ID for the REAL ID 

official purpose (e.g., use the 

noncompliant DL/ID for purposes of 

accessing a Federal facility) if they have 

no other acceptable form of 

identification. Employing this model 

would likely create significant 

requirements and obligations for the 

agency. Specifically: 

1. The agency would collect 

personally identifiable information (PII), 

including name, DL/ID State, and DL/ID 

number, as well as other information 

necessary to identify and communicate 

reliably with the individual. This PII 

would need to be collected, maintained, 

and used in accordance with all 

applicable Federal guidelines and 

requirements related to collection of PII. 

This may require agencies to obtain an 

Office of Management and Budget 

(OMB)-approved Paperwork Reduction 

Act (PRA) information collection and 

prepare a Privacy Impact Analysis, 

System of Record Notice, and other 

documentation for collection, storage, 

and use of PII. 

2. The individual would attest that 

the PII provided is theirs and accurate. 

3. The agency would need to be able 

to demonstrate that they delivered a 

notification of noncompliance to the 

individual (i.e., email, text, or other 

record of transmittal to address 

acknowledged by individuals). 


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4. The agency would need to obtain 

the individual’s acknowledgement of 

receipt of the noncompliance 

notification at the time the individual 

presents the noncompliant DL/ID. 

5. The agency would need to develop 

a system to track the number of 

instances the individual presented a 

noncompliant DL/ID and no other 

acceptable ID (violations). 

6. The agency would need to 

determine a limit on the number of 

times an individual may be authorized 

access after presenting a noncompliant 

DL/ID and no other acceptable form of 

identification. 

7. The agency would need to define 

an appropriate period of time (in days/ 

weeks) during which the individual 

may continue to use a noncompliant 

DL/ID for purposes of accessing the 

agency, after which the applicant would 

be given another notification of 

noncompliance if they again presented 

a noncompliant DL/ID (in other words, 

how long individuals may continue to 

use their noncompliant DL/ID on the 

same ‘‘strike’’ before incurring a 

subsequent ‘‘strike’’). 

Agencies would need to choose an 

appropriate time period during which 

individuals can continue to use the 

noncompliant DL/ID without it being 

treated as an additional instance of 

noncompliance (‘‘strike’’). Agencies 

should choose a time period appropriate 

to their operations. For agencies where 

the identity verification for official 

purposes is rare or isolated, it may be 

appropriate to treat each time an 

individual presents a noncompliant DL/ 

ID as an instance of noncompliance. 

However, DHS believes that in certain 

cases individuals may need to use their 

DL/ID for a REAL ID official purpose for 

multiple instances within a short period 

of time (e.g., boarding a return flight 

from a destination or returning to a 

Federal facility to follow-up on the 

purpose of the initial visit). Individuals 

may not be able to obtain a REAL ID in 

between such related instances, so in 

these cases agencies may choose a time 

period that allows for multiple uses of 

a noncompliant DL/ID as part of the 

same instance of noncompliance. After 

the allotted time period expires, the 

presentation of a noncompliant DL/ID 

would be treated as another instance of 

noncompliance. 

Agencies employing an Informed 

Compliance with Limitations model 

should provide individuals who present 

a noncompliant DL/ID with specific 

notice whenever an instance is being 

counted towards that individual’s limit. 

The notice should reference the 

agency’s overall policy and how the 

particular instance would affect the 

individual in the future. Agencies may 

choose to adopt different nomenclature 

for initial and subsequent instances of 

an individual presenting a 

noncompliant DL/ID. DHS recommends 

that the language and consequences of 

subsequent notifications under this 

model should progress in seriousness. 

For example, assume an agency chooses 

to permit access on the first two 

instances of noncompliance and deny 

access on the third (and any subsequent 

instance). Agencies may choose to refer 

to the notice issued to an individual 

presenting a noncompliant card for the 

first time as a ‘‘warning’’ and a notice 

issued on a subsequent instance 

counting against that individual’s limit 

as ‘‘counseling.’’ Upon the third 

instance, the individual would be 

issued a ‘‘final’’ notification that their 

State-issued DL/ID is noncompliant and 

can no longer be used for the REAL ID 

official purpose. The Federal agency 

would deny access to the individual at 

that time and on all future instances 

unless the individual obtains a REAL ID 

or presents an alternative, acceptable 

form of identification. 

DHS acknowledges that an Informed 

Compliance with Limitations 

enforcement plan would likely demand 

significant agency resources. DHS 

expects many agencies to begin full 

enforcement on the May 7, 2025, 

deadline. Of the agencies that do 

determine a phased approach is 

appropriate, DHS expects most will use 

a simple plan that provides a timelimited warning period (i.e., ‘‘Informed 

Compliance’’). Given the resources 

required, including the need for secure 

systems, DHS expects very few agencies 

to choose an enforcement plan that 

tracks individual instances of 

noncompliance. 

Additional Considerations. Agencies 

may determine to implement a phased 

approach that employs one of these 

models followed by full enforcement. 

For example, an agency may choose to 

begin enforcement with an Informed 

Compliance Phase or Informed 

Compliance with Limits Phase for a set 

period of time (e.g., 3 months, 6 months, 

1 year) followed by a transition to full 

enforcement at the end of that period. 

Alternatively, agencies may develop a 

plan that combines both models before 

transitioning to full enforcement. For 

example, an agency may begin 

enforcement with an initial Informed 

Compliance Phase for a set period of 

time, followed by an Informed 

Compliance with Limits Phase for an 

additional period of time, before 

beginning full enforcement. Agencies 

would have the flexibility to determine 

the model(s) and timing that best suit 

their operational environment. 

Although DHS believes the models 

discussed above are likely to be the 

most common and effective, they are not 

exclusive. Agencies may develop plans 

based on other models. However, all 

phased enforcement plans, whether 

based on the above models or a different 

model must be coordinated with DHS 

and must conclude, and agencies must 

fully enforce REAL ID card-based 

requirements, no later than May 5, 2027. 

For agencies that make a determination 

that phased enforcement is appropriate, 

the same factors that they considered to 

make that determination should inform 

their determination of how to structure 

their plan. 

Finally, although REAL ID adoption 

rates should inform agencies when 

developing their enforcement plans, 

agencies’ plans should be consistent 

across all States and territories. In other 

words, agencies should have a 

consistent national policy and 

individuals should not be subject to 

different consequences based on the 

adoption rate of a particular 

jurisdiction. To reduce the potential for 

confusion, ensure fair and equitable 

treatment of residents of all States, and 

ensure operational consistency, agencies 

that have operations or facilities 

spanning multiple States and territories 

should have one plan for all their 

facilities. Agencies’ plans may make 

distinctions based on the types of 

facilities they operate (e.g., agencies 

may wish to begin full enforcement at 

certain types of facilities but use a 

phased approach at another type of 

facility) as long as the same policies 

apply to the same types of facilities 

nationwide and treat all DL/ID holders 

similarly. For example, agencies may 

choose to begin full enforcement at their 

headquarters facility while 

implementing a phased approach at 

field offices where the public more 

frequently seeks to use DL/IDs for 

official purposes, but (in this example) 

the same phased enforcement policy 

should apply to all field offices no 

matter where they are located. Agencies 

should provide information regarding 

their plans on their website and take 

other appropriate measures to inform 

the public and provide notice regarding 

their plan. 

DHS acknowledges that some 

agencies may maintain offices in or 

conduct operations out of leased 

facilities or multi-tenant facilities where 

the agency does not have direct control 

over the access control policies of the 

facility. Agencies leasing space in their 

facilities to other agencies and lead 

tenants as part of facility security 


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45 58 FR 51735 (Oct. 4, 1993). 

46 76 FR 3821 (Jan. 21, 2011). 

47 88 FR 21879 (Apr. 11, 2023). 

48Public Law 96–354, 94 Stat. 1164 (Sept. 19, 

1980) (codified at 5 U.S.C. 601 et seq., as amended 

by the Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA)). 

49Public Law 104–4, 109 Stat. 66 (Mar. 22, 1995) 

(codified at 2 U.S.C. 1181–1538). 

committees determining physical 

security polices for multi-tenant 

facilities should develop plans that take 

into account the operations of tenant 

agencies and potential public impact 

associated with those operations when 

developing phased enforcement plans. 

As previously discussed, agencies may 

make distinctions based on the types of 

facilities they operate. Depending on the 

context, it may be appropriate for an 

agency developing a phased 

enforcement plan to draw a distinction 

between facilities that are shared by 

with agencies and facilities that are used 

solely by the agency developing the 

plan. 

IV. Regulatory Analyses 

A. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501 et seq.) requires 

that DHS consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public and, under the provisions of 44 

U.S.C. 3507(d), obtain approval from the 

OMB for each collection of information 

it conducts, sponsors, or requires 

through regulations. This proposed rule 

itself does not directly call for new 

collection of information under the PRA 

as the rulemaking relates to Federal 

agency submission of phased 

enforcement plans which are not 

covered under the PRA. However, 

agencies that utilize a phased 

enforcement plan, depending on the 

requirements associated with their 

respective plan, may need to submit or 

modify an OMB information collection 

request. 

B. Economic Impact Analyses 

1. Regulatory Impact Analysis Summary 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order (E.O.) 12866 of 

October 4, 1993(Regulatory Planning 

and Review),45 as supplemented by E.O. 

13563 of January 21, 2011 (Improving 

Regulation and Regulatory Review),46

and E.O. 14094 of April 6, 2023 

(Modernizing Regulatory Review) 47

directs each Federal agency to propose 

or adopt a regulation only upon a 

reasoned determination that the benefits 

of the intended regulation justify its 

costs. Second, the Regulatory Flexibility 

Act of 1980 (RFA) requires agencies to 

consider the economic impact of 

regulatory changes on small entities.48

Third, the Unfunded Mandates Reform 

Act of 1995 (UMRA) requires agencies 

to prepare a written assessment of the 

costs, benefits, and other effects of 

proposed or final rules that include a 

Federal mandate likely to result in the 

expenditure by State, local, or Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million ($183 

million in 2023 dollars) or more 

annually (adjusted for inflation).49

2. Executive Orders 12866, 13563, and 

14094 Assessment 

Under the requirements of E.O. 12866, 

as amended by E.O. 14094, agencies 

must assess the costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). These requirements were 

supplemented by E.O. 13563, which 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

DHS summarizes the findings: 

• In accordance with E.O. 12866, the 

Office of Management and Budget 

(OMB) has designated this rulemaking a 

‘‘significant regulatory action’’ as 

defined under section 3(f) of E.O. 12866, 

as amended by E.O. 14094 but not 

significant under section 3(f)(1). 

Accordingly, the proposed rule has been 

reviewed by OMB. 

• The Secretary, pursuant to 5 U.S.C. 

605(b), certifies that the proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. The proposed rule would only 

be applicable to Federal Government 

agencies, who under the RFA are not 

considered small entities. 

• This proposed rule is not likely to 

result in the expenditure by State, local, 

or Tribal governments, in the aggregate, 

or by the private sector, of $100 million 

($183 million in 2023 dollars) or more 

annually (adjusted for inflation) such 

that a written statement would not be 

required under UMRA. 

a. OMB A–4 Statement 

The OMB A–4 Accounting Statement 

presents the annualized costs and 

benefits, as well as the qualitative 

benefits of the proposed rule. 

TABLE 1—OMB CIRCULAR A–4 ACCOUNTING STATEMENT

[$ millions] 

Category 

Estimates Units 

Notes 

Primary Low High Year 

dollar 

Discount 

rate 

(%) 

Time 

horizon 

(years) 

Benefits 

Annualized Monetized ........................................................................ N/A N/A N/A N/A 2 N/A Not Quantified. 

Annualized Quantified, But Non-Monetized ....................................... N/A N/A N/A N/A 2 N/A Not Quantified. 

Unquantified ....................................................................................... The proposed rule would provide Federal agencies flexibility to decide 

whether to enforce the REAL ID card-based regulations in a phased 

manner that may reduce security vulnerabilities, operational disruption 

and public impact related to official Federal purposes. A phased approach would not unnecessarily delay REAL ID enforcement for those 

Federal agencies ready to fully implement on the card-based enforcement deadline. A phased approach would also allow individuals more 

time to obtain a REAL ID and may help mitigate potential application 

backlogs at State licensing agencies. Furthermore, a phased approach 

may reduce potential queuing and associated delays at access points. 


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50See 88 FR 14473 (Mar. 9, 2023), codified at 6 

CFR 37.5. 

51The requirements of the REAL ID Act and 

regulations specifically apply to Federal agencies 

accepting DL/IDs for official purposes. To the extent 

air carriers also require individuals to present a 

compliant DL/ID for check-in or to drop off luggage, 

lines and crowding may also occur at ticket 

counters and baggage drop-off locations at airports. 

See U.S. Department of Homeland Security. ‘‘Soft 

Targets and Crowded Places Security Plan 

Overview’’. (May 2018). Available at https://

www.cisa.gov/sites/default/files/publications/DHSSoft-Target-Crowded-Place-Security-Plan-Overview052018-508_0.pdf. Accessed on Apr. 17, 2024. 

TABLE 1—OMB CIRCULAR A–4 ACCOUNTING STATEMENT—Continued 

[$ millions] 

Category 

Estimates Units 

Notes 

Primary Low High Year 

dollar 

Discount 

rate 

(%) 

Time 

horizon 

(years) 

Costs 

Annualized Monetized ........................................................................ $0.87 N/A N/A 2023 2 2 

Annualized Quantified, But Non-Monetized ....................................... N/A N/A N/A N/A 2 N/A Not Quantified. 

Unquantified ....................................................................................... Full security benefits associated with REAL ID rule would not be realized, 

as a result of agencies implementing a phased approach, until full enforcement occurs. Federal agencies would also incur costs related to 

plan implementation, including, but not limited to training personnel on 

the policies of the plan, and efforts to inform individuals of the new identity verification policies related to plans. Individuals may also incur costs 

to become aware of phased enforcement plans and respond accordingly. 

Transfers 

Annualized Monetized Federal Budgetary Transfers ......................... N/A N/A N/A N/A 2 N/A Not Quantified. 

From/To .............................................................................................. From: To: 

Other Annualized Monetized Transfers ............................................. N/A N/A N/A N/A 2 N/A Not Quantified. 

From/To .............................................................................................. From: To: 

Net Benefits 

Annualized Monetized Net Benefits ................................................... N/A N/A N/A N/A 2 N/A Not Quantified. 

Effects 

State, Local, and/or Tribal Government ............................................. None 

Small Business ................................................................................... None. 

Wages ................................................................................................ None. 

Growth ................................................................................................ Not measured. 

b. Need for Regulation 

In January 2008, DHS published the 

Minimum Standards for Driver’s 

Licenses and Identification Cards 

Acceptable by Federal Agencies for 

Official Purposes Final Rule to 

implement the requirements of the Act. 

Since the publication of the original 

Final Rule, DHS extended the original 

compliance date multiple times in 

response to challenges in REAL ID 

adoption, including but not limited to, 

the COVID–19 pandemic. In accordance 

with the Final Rule published in March 

2023, Federal agencies are required to 

commence card-based enforcement on 

May 7, 2025, at which point Federal 

agencies may not accept for official 

purposes a license or identification card 

issued by a State unless that license or 

card was issued in accordance with the 

REAL ID standards by a REAL IDcompliant jurisdiction.50

DHS does not intend to extend the 

card-based enforcement deadline further 

and intends to commence enforcement 

of the REAL ID card-based requirements 

on May 7, 2025. However, based on 

current adoption rates of REAL IDcompliant DL/IDs and the projected 

number of compliant DL/IDs in 

circulation by the card-based 

enforcement date (discussed in the 

succeeding section), DHS believes this 

proposed rulemaking is necessary to 

provide flexibility to mitigate potential 

risks related to security, operational 

feasibility, and public impact. 

Without the flexibility the proposed 

rule permits, agencies may be faced 

with serious concerns that immediate 

implementation of full enforcement may 

create including security vulnerabilities, 

operational challenges, and disruption 

of government services. For instance, 

there could be cases where an agency 

needs to conduct work with a subjectmatter expert or specialist that does not 

have REAL ID-compliant identification 

and is therefore unable to access the 

Federal facility. Barring a phased 

enforcement plan, the agency may need 

to come up with alternate 

accommodations, which could include 

holding meetings or presentations 

offsite or standing up a virtual option. 

These options may result in additional 

costs that would otherwise not be 

incurred if the agency was operating 

under a phased enforcement plan. 

Additionally, absent a phased 

enforcement plan, individuals without a 

REAL ID-compliant DL/ID or acceptable 

alternative would be unable to board 

federally regulated aircraft upon cardbased enforcement. This represents a 

large use case for REAL ID. These 

individuals would not be able to use 

their noncompliant DL/ID to access the 

security checkpoint which could result 

in backlogs and other negative outcomes 

on travel (e.g., delayed or missed 

flights). This may also have a potential 

impact on the customer experience and 

air travel. Long lines, confusion, and 

frustrated travelers at the checkpoint 

may also increase security risks.51 Given 

the current level of REAL ID adoption 

across various States, the start of cardbased enforcement may also create an 

increased demand on States to issue 


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52Card-based enforcement should not impact 

access to Federal facilities that do not require 

identification (e.g., public areas of the 

Smithsonian). Card-based enforcement also should 

not impact public services that require 

identification for purposes other than an official 

purpose as defined by the Act and regulation (e.g., 

applying for or receiving Federal benefits is not a 

REAL ID official purpose). However, in cases where 

provision of a public service does involve a REAL 

ID official purpose, agencies should consider the 

extent to which an immediate transition to full 

enforcement would impact their ability to provide 

that service. 

53Office of Information and Regulatory Affairs. 

Circular No. A–4. November 9, 2023. https://

www.whitehouse.gov/wp-content/uploads/2023/11/ 

CircularA-4.pdf. Accessed February 12, 2024. 

54 73 FR 5272, codified at 6 CFR part 37. 

55The Act does not require individuals to present 

identification where it is not currently required to 

access a Federal facility (such as to enter the public 

areas of the Smithsonian). 

56Alternate acceptable forms of identification 

may include, and are not limited to, Enhanced 

Driver’s Licenses (EDL), U.S. passports, and 

passport cards. 

57 In section IV(B)(2)(d)(4), Forecast of REAL ID 

Compliance Under Phased Enforcement, DHS 

estimates 61.2 percent of REAL ID Compliant DL/ 

IDs by applying a 0.56 percent compounded 

monthly growth rate which represents the adoption 

of REAL IDs between January 2023 and January 

2024. This represents a lower-end forecast where 

DHS assumes the monthly adoption rate of REAL 

IDs remains unchanged leading up to the cardbased enforcement date of May 7, 2025. DHS also 

presents a high-end forecast of 66.0 percent of 

REAL ID compliant DL/IDs that uses a compounded 

monthly growth rate of 1.03 percent and represents 

the adoption of REAL IDs between January 2020 

and January 2024 which captures periods of high 

and low adoption of REAL IDs. 

58 In 2008, DHS issued the Minimum Standards 

for Driver’s Licenses and Identification Cards 

Acceptable by Federal Agencies for Official 

Purposes Final Rule. In the Regulatory Evaluation 

for the Final Rule, DHS noted that 25 percent of the 

population already held a valid passport and that 

in a few years’ time the Department of State 

anticipated that the figure would increase to 

approximately 33 percent. As of 2023, the 

Department of State reports that 160,668,889 valid 

passports (including passport books) are in 

circulation. (https://travel.state.gov/content/travel/ 

en/about-us/reports-and-statistics.html). Over the 

10-year period of 2014 to 2023, approximately 13.24 

percent of passports issued were passports cards. 

The Department of State notes that one customer 

may also have both a passport book and card which 

counts as two valid passports. To prevent double 

counting for individuals that hold both a passport 

book and a passport card, DHS multiplies 

160,668,889 by 1 minus 13.24 percent to estimate 

139,396,328 passports. Using the Census Bureau’s 

projected population for 2023, DHS estimates that 

approximately 41 percent of the population has a 

passport. DHS acknowledges that some percentage 

of individuals with REAL–ID compliant DL/IDs 

may also hold a passport and thus there is 

uncertainty with how many individuals with noncompliant IDs would be able to use a passport as 

an alternate form of identification. 

59 DHS began to collect data from the states 

including, total number of DL/IDs, number of REAL 

IDs, number of non-compliant cards, and number of 

‘‘legacy’’ cards in July 2019. Monthly reporting 

subsequently began in October 2019. 

REAL IDs, which could result in 

strained resources and a potential delay 

of application processing time or 

backlog. Additional disruptive impacts 

to those who currently rely upon nonREAL ID-compliant DL/IDs for official 

Federal purposes may also occur. 

Federal agencies that determine an 

immediate transition to full enforcement 

would raise concerns related to security, 

operational feasibility, or negatively 

impact the public, would benefit from 

phased enforcement, and would be able 

to implement a phased enforcement 

plan, coordinated with DHS, to provide 

a smoother transition to full card-based 

enforcement.52 This proposed rule 

would also enable these agencies to 

minimize negative impact to individuals 

who do not have REAL ID-compliant 

DL/IDs and provide States time to issue 

and individuals time to obtain REAL IDcompliant DL/IDs during initial phases 

of enforcement. 

TSA requests comments on the 

assumptions and estimates presented 

within this economic impact analysis. 

Comments that will provide the most 

assistance to TSA will reference a 

specific portion of this proposed rule, 

explain the reason for any suggestion or 

recommended change, and include data, 

information, or authority that supports 

such suggestion or recommended 

change. 

c. Baseline Summary 

The baseline represents DHS’ best 

assessment of what the world would be 

like absent this regulatory action.53

In January 2008, DHS published the 

Minimum Standards for Driver’s 

Licenses and Identification Cards 

Acceptable by Federal Agencies for 

Official Purposes Final Rule to 

implement the requirements of the 

REAL ID Act of 2005.54 Since the 

publication of the Final Rule in 2008, 

DHS has delayed the card-based 

enforcement date for REAL ID multiple 

times due to various challenges that 

have prevented full enforcement 

including, most recently, the COVID–19 

pandemic. The last extension was 

issued in March 2023, when DHS 

extended the card-based enforcement 

date from May 3, 2023, to May 7, 2025. 

Absent this regulatory action, 

beginning on that date, all Federal 

agencies would be prohibited from 

accepting non-REAL ID-compliant Stateissued DL/IDs for REAL ID official 

purposes.55 If an individual does not 

have a REAL ID-compliant DL/ID, the 

individual may use another acceptable 

form of identification as determined by 

individual agencies’ identity 

verification and access policies.56 In 

accordance with the 2008 Final Rule, 

enforcement on the card-based 

enforcement date would be applied 

unilaterally, across all respective agency 

locations in the United States and its 

territories including, accessing Federal 

facilities, boarding federally regulated 

commercial aircrafts (i.e., TSA airport 

security checkpoints), and entering 

nuclear power plants. 

DHS estimates that by the card-based 

enforcement date, approximately 

between 61 and 66 percent of all Stateissued DL/IDs would be REAL IDcompliant based on adoption data 

provided by States, to DHS, through 

January 2024.57 The lower-end values 

represent a monthly adoption rate 

similar to current rates through cardbased enforcement. However, DHS 

expects that the adoption rate may also 

increase ahead of the card-based 

enforcement date as a result of both 

natural adoption prior to enforcement 

and efforts by DHS to drive awareness 

and action. Ahead of the card-based 

enforcement deadline, DHS plans to 

launch additional phases of its public 

service campaign ‘‘Be Your REAL ID 

Self’’, which in part, provides toolkits 

for government and industry partners. 

To account for this increased rate of 

adoption, DHS uses a Compounded 

Monthly Growth Rate of 1.03 percent 

(compared to a current 0.56 percent 

CMGR) for its higher-end value of 66 

percent of REAL ID compliant DL/IDs 

by the card-based enforcement date. 

As a result, approximately between 34 

percent and 39 percent of DL/IDs in 

circulation would be non-compliant 

(either legacy or non-compliant marked 

DL/IDs). Individuals with non-REAL IDcompliant DL/IDs would not be 

permitted to use those DL/IDs to access 

Federal facilities nationwide, including 

the security checkpoint at airports, 

unless they are able to present an 

approved alternate form of 

identification such as a passport.58

d. Adoption of REAL ID-Compliant DL/ 

IDs 

Prior to the onset of the COVID–19 

pandemic in the United States in 

October 2019, DHS estimated that 

approximately 33 percent, or 90.9 

million of the 274.8 million DL/IDs in 

circulation, were REAL ID-compliant.59

In April 2020, DHS issued an amended 

final rule to further delay the card-based 

enforcement date from October 1, 2020, 

to October 1, 2021. DHS noted that the 

COVID–19 pandemic had caused 

significant disruption citing that State 

and local government offices, including 

the DMV, have restricted all but the 

most essential services, and that in some 

cases, had been temporarily closed to 

the public. In October 2020, national 

REAL ID compliance was approximately 


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60 41.08 Percent of REAL ID-compliant IDs in 

October 2020 = 112,807,718 REAL IDs ÷ 

274,611,013 Total IDs in Circulation. 

61 56.11 Percent of REAL ID-compliant IDs in 

October 2023 = 160,039,272 REAL IDs ÷ 

285,246,641 Total IDs in Circulation. 

62 56.42 Percent of REAL ID-compliant IDs in 

January 2024 = 162,111,658 REAL IDs ÷ 

287,321,596 Total IDs in Circulation. 

63 0.56 percent CMGR (January 2023 through 

January 2024) = ((162,111,658 REAL IDs in January 

2024 ÷ 151,652,714 REAL IDs in January 2023) ∧ 

(1 ÷ 12)¥1). 64U.S. Census Bureau. (December 2019). Annual 

Estimates of the Resident Population for the United 

States: April 1, 2010, to July 1, 2019 (NST– 

EST2019–01). Retrieved from https://

www.census.gov/data/tables/time-series/demo/ 

popest/2010s-national-total.html. Accessed on May 

12, 2023. 

65U.S. Census Bureau. (December 2023). Monthly 

Population Estimates for the United States: April 1, 

2020, to December 1, 2024 (NA–EST2023–POP). 

Retrieved from https://www.census.gov/data/tables/ 

time-series/demo/popest/2020s-national-total.html. 

Accessed on January 4, 2024. 

66 85.5 percent of the population as DL/ID holders 

in January 2024 = 287,321,596 (DL/IDs in 

circulation as of January 2024) ÷ 355,966,451 (total 

population in January 2024). 

41 percent.60 Three years later, in 

October 2023, the national REAL ID 

compliance rate increased to 

approximately 56 percent.61 Although 

there has been a modest increase in the 

number of compliant REAL IDs, the 

overall percentage as of January 2024 

remains unchanged at 56 percent, with 

the remaining 44 percent of State-issued 

DL/IDs being noncompliant.62

However, individual State compliance 

includes a wider range of rates. Table 2 

presents REAL ID compliance over time 

based on the 56 licensing jurisdictions 

percentage of REAL IDs issued relative 

to the total number of IDs in circulation 

for each jurisdiction. As shown in the 

table, State compliance rates have 

generally increased over time. For 

instance, the number of licensing 

jurisdictions where the percentage of 

REAL IDs, relative to all DL/IDs in 

circulation, is greater than 75 percent 

has increased from eight jurisdictions in 

October 2019 to 17 in January 2024. 

Similarly, the number of licensing 

jurisdictions where the percentage of 

REAL IDs, relative to all DL/IDs in 

circulation, is less than 25 percent has 

decreased from 31 in October 2019 to 9 

in January 2024. 

TABLE 2—REAL ID COMPLIANCE OVER TIME

Range 

(REAL IDs as a percentage of total IDs in circulation by jurisdiction) 

Number of licensing jurisdictions 

October 

2019 

October 

2020 

October 

2023 

January 

2024 

0%–24% ........................................................................................................................... 31 22 12 9 

25%–49% ......................................................................................................................... 11 15 16 18 

50%–74% ......................................................................................................................... 6 9 12 12 

75%–100% ....................................................................................................................... 8 10 16 17 

1. Compounded Monthly Growth Rates 

(CMGR) 

DHS began receiving monthly data on 

the number of REAL IDs for each of the 

56 licensing jurisdictions in October 

2019 (and has monthly data through 

early 2024). Using this data, DHS 

calculates the growth, or increase, in 

number of REAL IDs month over month, 

relative to the total number of DL/IDs in 

circulation. Using the historic adoption 

data, DHS calculates CMGRs which 

represents growth over various intervals 

of time. In subsequent sections, DHS 

uses CMGRs to forecast REAL ID 

compliance. 

In the first 6 months that DHS began 

to receive monthly data, between 

October 2019 and March 2020, the 

CMGR of REAL IDs was approximately 

2.5 percent. Between April and May of 

2020, the CMGR of REAL IDs had 

decreased to 0.5 percent. The CMGR 

later increased to approximately 2.0 

percent between June 2020 and October 

2020. Over the next 3 years, the CMGR 

of REAL IDs was 1.3 percent between 

October 2020 and September 2021, 0.9 

percent between October 2021 and 

September 2022, and 0.8 percent 

between October 2022 and September 

2023. Over the 12-month period, 

between January 2023 and January 2024, 

the national CMGR for the adoption of 

REAL IDs was 0.56 percent.63

2. Projection of Total Number of DL/IDs 

DHS leverages monthly data received 

from the 56 licensing jurisdictions to 

estimate the total number of DL/IDs in 

future months. The report provides DHS 

with the total number of DL/IDs in 

circulation, including the proportions of 

REAL–ID compliant, ‘‘legacy’’ cards, 

and non-compliant cards. Based on the 

January 2024 data from the licensing 

jurisdictions, there were 287,321,596 

DL/IDs in circulation. 

DHS uses this value as a starting 

overall DL/ID population. Next, DHS 

leverages the U.S. Census Bureau’s 

Monthly Population Estimates for the 

United States to estimate the total U.S. 

population and proportion with a DL/ 

ID. DHS first estimates the total 

population using Census Bureau annual 

population data to calculate a 

compound annual growth rate (CAGR) 

of 0.60 percent in the U.S. population 

from 2012 to 2022.64 DHS divides the 

CAGR of 0.60 percent by 12 to calculate 

a simple compound monthly growth 

rate (CMGR) of 0.05 percent. DHS then 

uses Census Bureau monthly population 

estimates through December 2023, and 

applies the simple CMGR of 0.05 

percent to forecast the population for 

each month through October 2027.65

DHS estimates a total population of 

355,966,451 in January 2024. 

Last, DHS divides the total number of 

DL/IDs by the total population. As of 

January 2024, 85.5 percent of the 

population held a driver’s license or 

identification card.66 DHS assumes this 

proportion of the population holds true 

through October 2027 (some portion of 

the adult population may not need a 

DL/ID, along with most of the 

population under the legal driving age). 

DHS multiplies the 85.5 percent 

proportion by the projected population 

each month to estimate the total number 

of DL/IDs in circulation. 

3. Forecast of REAL ID Compliance 

Under Status Quo 

If full card-based enforcement, absent 

phased enforcement, were to take place 

on May 7, 2025, DHS assumes that the 

adoption of REAL ID-compliant DL/IDs 

would spike leading up to, and 

continuing for a period of time past, the 

card-based enforcement date as 

individuals, who may otherwise have 

held off on acquiring a REAL IDcompliant DL/IDs, would take steps to 

ensure they would not be turned away 

from Federal facilities where a REAL ID 

would be required for official purposes. 

DHS assumes such a spike would be 

similar to a 23 percent increase that the 

Department of State experienced after 


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67The populations affected by WHTI and REAL 

ID, while not exact, are similar in the sense that 

both initiatives affect identity documentation 

required by the traveling public and are not 

intended to represent the population of those who 

are obtaining government services. DHS believes 

WHTI represents a situation similar enough to 

REAL ID to serve as a proxy absent better 

information, but also requests public comment on 

this estimate. 

68 Government Accountability Office (GAO). (July 

2008). State Department: Comprehensive Strategy 

Needed to Improve Passport Operations. GAO–08– 

891, page 16. Retrieved from https://www.gao.gov/ 

assets/gao-08-891.pdf. Accessed on March 15, 2024. 

69See footnote 63. 

70Based upon the WHTI scenario, DHS assumes 

a 23 percent increase to the total number of REAL 

IDs in April 2024 (164,837,213 REAL IDs), 

approximately one-year prior to card based 

enforcement. TSA assumes the 23 percent increase 

will be spread across the 13 months leading up to 

card-based enforcement on May 7, 2025. 

202,749,772 REAL IDs in May 2025 = 164,837,213 

REAL IDs in April 2024 × (1 + 23 Percent). Since 

the 23 percent increase is spread out over the year 

leading up to the card-base enforcement date, DHS 

uses the resulting number of REAL IDs in May 2025 

to calculate a 1.61 Percent CMGR. 1.61 Percent 

CMGR = (202,749,772 REAL IDs in May 2025 ÷ 

164,837,213 REAL IDs in April 2024) ∧ (1 ÷ 13)¥1). 

71 70.00 Percent of REAL IDs in May 2025 = 

202,749,772 REAL IDs in May 2025 ÷ 289,641,636 

IDs in Circulation in May 2025. 72Under the status quo, which would result in 

full, and immediate, card-based enforcement on 

May 7, 2025, DHS estimates a 23 percent increase 

in the adoption of REAL IDs in the year leading up 

to card-based enforcement, adopted based on the 

implementation of WHTI. Absent this influx, and 

under Phased Enforcement beginning May 7, 2025, 

DHS evaluates two scenarios in section 

IV(B)(2)(d)(4), Forecast of REAL ID Compliance 

Under Phased Enforcement. First, a lower estimate 

which assumes no changes to the 0.56 percent 

CMGR which results in 61.2 percent of all DL/IDs 

in May 2025 being REAL ID compliant. Second, a 

higher estimate which uses a 1.03 percent CMGR 

resulting in 66 percent of all REAL DL/IDs being 

REAL ID compliant in May 2025. 

73The WHTI was implemented in two phases 

with the second impacting land and seaports 

beginning at the end of January 2008 (2008 fiscal 

year). As such, following the initial spike in 

passport applications within fiscal year 2007, the 

Department of State also issued a higher than 

historical number of passports in fiscal year 2008 

despite the total number of passports issued being 

lower than the preceding year. (Department of State. 

Reports and Statistics. U.S. Passports Issued Per 

Fiscal Year (1996–2023). Retrieved from https://

travel.state.gov/content/travel/en/about-us/reportsand-statistics.html. Accessed on March 15, 2024.) 

Absent the proposed rule, following the card-based 

enforcement date, full enforcement would begin so 

there would be no similar resurgence as seen with 

WHTI implementation. However, a similar spike 

may be seen with the implementation of the phased 

enforcement rule. Under which, following the 

initial spike, there would likely be a decrease in 

adoption rates, before a second spike leading up to 

the May 2027 full compliance date. 

74 75.09 Percent of REAL IDs Compliant in 

October 2025 = 218,052,964 REAL IDs in October 

2025 ÷ 290,370,483 IDs in Circulation in October 

2025. 

75 11.5 Percent Increase in REAL IDs (One Year 

After Card-Based Enforcement) = (23 Percent Initial 

Surge ÷ 2) × 100. Equivalent to a 0.91 Percent 

CMGR. 0.91 Percent CMGR = ((243,121,919 REAL 

IDs in October 2026 ÷ 218,052,964 REAL IDs in 

October 2025) ∧ (1 ÷12)¥1). 

76 In the Regulatory Evaluation for the 2008 Final 

Rule, DHS assumed 75 percent of the population 

that hold DL/IDs would seek to obtain a REAL ID. 

DHS describes this assumption further in the 

subsequent section, however, the 83 percent 

compliance rate by October 2026, roughly over oneand-a-half-years post card-based enforcement 

exceeds the 75 percent assumption. DHS notes that 

the adoption rate for REAL ID may decrease when 

REAL ID reaches a natural adoption threshold. 

77 5.75 Percent Increase in REAL IDs = (11.5 

Percent Initial Surge ÷ 2) × 100. Equivalent to a 0.47 

Percent CMGR. 0.47 Percent CMGR = ((257,101,923 

REAL IDs in October 2027 ÷ 243,121,919 REAL IDs 

in October 2026) ∧ (1 ÷12)¥1). 

78Supra note 76. 

79The natural adoption threshold or equilibrium 

is the estimated proportion at which TSA assumes 

most people who want a REAL ID largely have 

them, and it is unlikely to change much in the 

absence of any changes in conditions. This accounts 

for some portion of the population that chooses not 

to obtain a REAL ID (as States continue to offer noncompliant DL/IDs). 

80 DHS anticipates future renewal surges 

associated with existing REAL–ID holders, and 

additional initial adoptions associated with 

population growth. 

81 In 2008, DHS noted that approximately 25 

percent of the population held a valid passport. 

Furthermore, DHS noted that 20 percent of the 

population has never flown on a commercial plane, 

and 47 percent flies rarely or never. Combining the 

two groups, at least 40 percent of the population 

would not need to obtain a REAL ID. However, DHS 

assumed some proportion of the combined grouping 

would obtain a REAL ID regardless, reducing the 

estimate to 25 percent. Subtracting this 25 percent 

estimate from the initial 100 percent assumption 

results in 75 percent that would obtain a REAL ID. 

implementation of the first phase of the 

Western Hemisphere Travel Initiative 

(WHTI).67 Specifically, in fiscal year 

2007, the Department of State 

experienced an influx of passport 

applications prior to, and after, the 

implementation of its first phase of the 

WHTI, which established new 

document requirements for travelers 

entering the United States from within 

the Western Hemisphere at airports of 

entry. At the time, the Department of 

State forecasted it would receive 

approximately 15 million passport 

applications in the 2007 fiscal year, 

however, it ended up receiving 

approximately 18.6 million passport 

applications, an approximate 23 percent 

increase over the original estimate.68

As aforementioned, in January 2024, 

56.42 percent or 162.1 million of the 

287.3 total IDs in circulation are REAL 

ID-compliant. Based on the data range of 

January 2023 through January 2024, 

DHS expects that through April 2024, 

the 0.56 percent CMGR for the adoption 

of REAL IDs to remain unchanged,69

bringing the percentage of REAL IDs 

relative to all IDs in circulation to 57.3 

percent. In the year leading up to the 

card-based enforcement deadline, DHS 

considers a similar situation as the 

influx of passports leading up to, and 

through, the implementation of WHTI, 

and applies a 23 percent increase in the 

adoption of REAL IDs (equivalent to a 

CMGR of 1.61 percent).70 Using this 

methodology, by May 2025, 

approximately 70 percent or 202.7 

million of the total 289.6 million IDs in 

circulation would be REAL–ID 

compliant.71 72 DHS requests public 

comment on the assumptions related to 

the forecast of REAL ID compliance 

under the status quo, including the 

estimate and duration of the spike in 

REAL ID compliance. 

Following the card-based enforcement 

date, DHS expects the spike to remain 

in place for approximately 4 to 5 

months as individuals work to secure 

appointments with their local DMV.73

DHS applies the 1.61 percent CMGR to 

estimate the percentage of REAL IDs in 

October 2025. DHS estimates 

approximately 75 percent of DL/IDs in 

circulation would be REAL IDcompliant.74

To forecast beyond October 2025, 

under the status quo of full enforcement 

beginning May 2025, DHS assumes a 50- 

percent decrease of the initial spike in 

the adoption of REAL IDs between 

October 2025 and October 2026 but 

requests public comment on the 

duration and level of decrease in the 

months following card-based 

enforcement.75 DHS estimates that by 

October 2026, one and a half years after 

the card-based enforcement deadline, 

approximately 83 percent of DL/IDs in 

circulation would be REAL IDcompliant.76 Subsequently, to estimate 

the percentage of REAL IDs relative to 

all DL/IDs in circulation, 2 years after 

the card-based enforcement date, DHS 

assumes an additional 50-percent 

decrease in the adoption of REAL IDs 

between October 2026 and October 

2027.77 Under this assumption, DHS 

estimates that approximately 87 percent 

of DL/IDs would be REAL ID-compliant 

by October 2027.78

DHS assumes that once the percentage 

of REAL IDs, relative to all DL/IDs in 

circulation reach a natural adoption 

threshold or equilibrium 79 (with all 

those who want/need a REAL ID largely 

have them or an alternate form of 

identification), which DHS currently 

assumes as 75 percent, the increase in 

the proportional value over subsequent 

months and years would be minimal.80

In 2008, DHS issued the Minimum 

Standards for Driver’s Licenses and 

Identification Cards Acceptable by 

Federal Agencies for Official Purposes 

Final Rule. The NPRM included DHS’s 

previous assumption that 100 percent of 

the population that hold DL/IDs would 

seek to obtain a REAL ID. However, in 

the 2008 Final Rule, the assumption was 

revised to 75 percent.81 DHS noted that 


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82 Department of Homeland Security. April 28, 

2008. Regulatory Evaluation for REAL ID Program. 

Docket DHS–2006–0030. https://

www.regulations.gov/document/DHS-2006-0030- 

10704. 83 DHS believes there is a greater likelihood of the 

actual REAL ID threshold being greater than 75 

percent rather than lower than 75 percent. 84Supra note 76. 

85 16 months between January 2024 and May 

2025 (card-based enforcement begins). 

86 DHS acknowledges that there is a level of 

uncertainty with compliance rates. For instance, 

closer to the card-based enforcement date, the 

adoption rate may increase. Furthermore, the 

proposed rule, and by extent, subsequent phased 

enforcement plans adopted by some agencies may 

provide individuals additional time to become 

compliant and thus result in lower or stagnant 

adoption rates. 

87 1.03 percent CMGR (January 2020 through 

January 2024) = ((162,111,658 REAL IDs in January 

2024 ÷ 99,076,573 REAL IDs in January 2020) ∧ (1 

÷ 48)¥1). DHS uses the last 4 years of data reported 

by all licensing jurisdictions to represent a more 

comprehensive timeframe, capturing periods of 

high and low adoption of REAL IDs. 

88 1.85 percent CMGR = ((217,231,227 REAL IDs 

to Achieve 75 Percent Threshold in May 2025 ÷ 

162,111,658 REAL IDs in January 2024) ∧ (1 ÷ 

16)¥1). 

the 100 percent assumption was 

unrealistic if States do not require all 

applicants to obtain REAL IDs. DHS 

further cited, that if States offer a choice 

of either compliant or non-compliant 

licenses to applicants, that some portion 

of the population would choose to 

receive non-compliant licenses because 

they may not need a REAL ID for 

[Federal] official purposes or they may 

already possess a compliant alternate 

form of identification.82 While DHS 

maintains the 75 percent assumption 

from the 2008 Final Rule, DHS 

acknowledges the uncertainty and that 

the natural threshold for REAL ID 

compliance may be above or below 75 

percent. 

In subsequent sections, DHS refers to 

the 75 percent assumption as the 75 

percent threshold. The threshold 

represents an assumed natural point 

where REAL ID adoption would slow 

and essentially not grow in proportion 

as all those willing to get a REAL ID 

have done so. While DHS assumed this 

value to be approximately 75 percent, 

the actual rate could be higher or 

lower.83

4. Forecast of REAL ID Compliance 

Under Phased Enforcement 

To estimate the percentage of REAL 

ID-compliant DL/IDs by the card-based 

enforcement date, May 7, 2025, DHS 

uses the 0.56 percent CMGR estimated 

from January 2023 to January 2024.84

Next, DHS applies the 0.56 CMGR over 

the next 16 months to forecast the 

percentage of REAL IDs in circulation 

by May 2025, relative to all IDs in 

circulation.85 Using this methodology, 

DHS estimates that approximately 61 

percent of all IDs in circulation would 

be REAL ID-compliant by the card-based 

enforcement date. 

The aforementioned methodology 

assumes that the next 16 months would 

be similar to the trends seen over the 

last year.86 Accordingly, DHS provides 

an alternate forecast on the percentage 

of REAL ID-compliant DL/IDs in May 

2025 using the 1.03 percent CMGR for 

the adoption of REAL ID over last 4- 

years.87 DHS applies the 1.03 percent 

CMGR over the 16 months between 

January 2024 and May 2025 to forecast 

that approximately 66 percent of IDs in 

circulation by May 2025 would be REAL 

ID-compliant by the card-based 

enforcement date. 

Using the aforementioned CMGRs, 

0.56 percent and 1.03 percent, DHS 

estimates that approximately 61 percent 

(lower-end of forecast) and 66 (upperend of forecast) of all DL/IDs in 

circulation by May 2025 would be REAL 

ID-compliant, respectively. Table 3 

reflects the forecasted number of REAL 

IDs using the two CMGR described in 

this section. 

TABLE 3—FORECASTED NUMBER, AND PERCENTAGE OF, REAL IDS IN MAY 2025 

Last 12 month trend 

(0.56 percent CMGR) 

Last 4 year trend 

(1.03 percent CMGR) 

Approx. IDs in Circulation ........................................................................................................ 289,641,636 

Forecasted Number of REAL IDs ............................................................................................ 177,187,465 191,027,256 

REAL IDs as a Percentage of All IDs ..................................................................................... 61.2% 66.0% 

As shown in table 3, under both the 

0.56 percent CMGR and the 1.03 percent 

CMGR, the forecasted percentage of 

REAL IDs relative to all DL/IDs in 

circulation for May 2025, 61.2 percent 

and 66.0 percent, respectively, falls 

below the 2008 assumption that 75 

percent of all holders would seek to 

obtain a REAL ID. In table 4, DHS 

illustrates the breakdown of how many 

DL/IDs would need to be REAL IDcompliant by the card-based 

enforcement date to meet the 75 percent 

threshold. Applying the 75 percent 

assumption from the 2008 Rule results 

in approximately 217.2 million of the 

289.6 million IDs in circulation, in May 

2025, would be REAL ID-compliant. As 

shown, in addition to the 25 percent of 

DL/IDs in circulation that DHS assumes 

would be non-compliant, an additional 

40.0 million and 26.2 million DL/IDs 

that would have been assumed to be 

REAL ID-compliant, respectively, would 

not be able to be used for official 

purposes beginning May 7, 2025. 

Next, DHS estimates the CMGR 

needed to reach the 75 percent of REAL 

ID-compliant licenses and identification 

cards by the card-based enforcement 

date using the January 2024 national 

compliance rate for REAL ID of 56 

percent. In the sixteen months between 

January 2024 and May 2025, the average 

monthly CMGR for the adoption of 

REAL ID would need to increase to 1.85 

percent.88

TABLE 4—NUMBER OF REAL IDS IN MAY 2025 TO ACHIEVE 75 PERCENT THRESHOLD

Last 12 month trend 

(0.56 percent CMGR) 

Last 4 year trend 

(1.03 percent CMGR) 

75% Assumption 

(1.85 percent CMGR) 

Approx. IDs in Circulation ............................................................ 289,641,636 

Number of REAL IDs Needed to Achieve 75% Threshold ......... 217,231,227 (75.0%) 

DHS Forecasted REAL IDs ......................................................... 177,187,465 (61.2%) 191,027,256 (66.0%) 217,231,227 


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89The 83.4 percent compliance rate by May 2027, 

2 years after the card-based enforcement deadline, 

exceeds the 75 percent assumption from the 2008 

Regulatory Evaluation. DHS notes that the adoption 

rate for REAL ID may dampen as it approaches or 

starts to exceed 75 percent of the population. 

90 0.79 Percent CMGR = (0.557 Percent CMGR 

(Last Twelve Months) + 1.031 Percent CMGR (Last 

48 Months)) ÷ 2. 

91 In the Regulatory Evaluation for the 2008 Final 

Rule, DHS assumed 75 percent of the population 

that hold DL/IDs would seek to obtain a REAL ID. 

However, the 78.8 percent compliance rate by May 

2027, roughly 2 years post card-based enforcement 

exceeds the 75 percent assumption. DHS notes that 

the adoption rate for REAL ID may decrease when 

REAL ID reaches a natural adoption threshold. 

TABLE 4—NUMBER OF REAL IDS IN MAY 2025 TO ACHIEVE 75 PERCENT THRESHOLD—Continued 

Last 12 month trend 

(0.56 percent CMGR) 

Last 4 year trend 

(1.03 percent CMGR) 

75% Assumption 

(1.85 percent CMGR) 

Difference Between Threshold and Forecasted .......................... 40,043,762 (13.8%) 26,203,971 (9.0%) 0 (0.0%) 

Next, DHS uses two scenarios to 

forecast the national compliance rate 

following the card-based enforcement 

date. First, DHS assumes the 61.2 

percent and 66.0 percent REAL ID 

adoption trends presented in table 3 

remain unchanged after the start of cardbased enforcement. Under this scenario, 

two years after card-based enforcement, 

in May 2027, which is when phased 

approach plans would need to 

commence full enforcement by, the 

national REAL ID rate would be 69.1 

percent and 83.4 percent.89

Following the card-based enforcement 

date, DHS expects a change in the rate 

of adoption. Phased enforcement plans 

could result in REAL ID compliance 

being spread over time compared to 

continued increases in compliance if 

full card-based enforcement went into 

effect across all agencies. Phased 

enforcement may also incentivize some 

portion of the public to obtain a REAL 

ID as DHS begins card-based 

enforcement in May 2025 without 

further extensions and as non-compliant 

DL/ID holders attempt to use noncompliant identification for official 

purposes during the period of phased 

enforcement. For this second scenario, 

DHS uses the midpoint of the two 

CMGRs (0.56 percent and 1.03 percent) 

used to estimate the national REAL ID 

rate in May 2025 to estimate the 

national REAL ID rate after the cardbased enforcement date. Using this 

methodology, DHS calculates a 0.79 

percent CMGR which would likely 

capture a balance between potential 

high and low adoption rates for REAL 

IDs.90 Next, DHS applies the 0.79 

percent CMGR to the 61.2 percent and 

66.0 percent estimates for May 2025. 

Two years after the commencement of 

card-based enforcement, by May 2027, 

DHS estimates approximately 73.1 

percent and 78.8 percent of DL/IDs 

issued would be REAL ID-compliant, 

respectively.91 Depending on the 

scenario, the 75 percent threshold may 

be reached as early as July 2026. 

However, under a lower CMGR, in 

which the CMGR stays at 0.56 percent, 

the 75 percent threshold may not be 

reached until October 2028. 

5. Summary of REAL ID Compliance 

Table 5 describes the proportion of all 

DL/IDs that are REAL ID-compliant 

under the baseline scenario and phased 

enforcement at 6-month intervals 

leading up to, and after, the card-based 

enforcement date. In the baseline 

scenario, as discussed in section 

IV.B.2.d.3, DHS assumes a spike in 

REAL ID compliance in the year leading 

up to the card-based enforcement date 

(1.61 percent CMGR). DHS then 

assumes a reduction in the CMGR to 

0.91 percent from October 2025 to 

October 2026 and to 0.47 percent after 

October 2026. This accounts for 

anticipated increases leading up to and 

through enforcement including natural 

adoption prior to a deadline, additional 

informational campaigns, and increased 

incentives for those without REAL ID 

compliant DL/IDs that would be denied 

when using non-compliant DL/IDs for 

official purposes. 

DHS also presents two phased 

enforcement scenarios that each include 

a lower and upper bound range, as 

discussed in section IV.B.2.d.4. Under 

the first phased enforcement scenario, 

DHS assumes trend growth rates remain 

the same before and after the card-based 

enforcement date (0.56 percent CMGR 

for the lower bound estimate, 1.03 

percent CMGR for the upper bound 

estimate). This scenario assumes no 

change in identified trends leading up 

or after enforcement where the lower 

value represents current adoption rates 

(unchanged) and the higher value 

accounts for enforcement and phased 

enforcement impacts on adoption rates. 

Under the second phased enforcement 

scenario, DHS assumes the 0.56 percent 

CMGR for the lower bound estimate and 

1.03 percent CMGR for the upper bound 

estimate up to the card-based 

enforcement date. After the card-based 

enforcement date, DHS assumes a 

change in the CMGR to 0.79 percent, the 

midpoint of the lower bound and upper 

bound trend rates to represent possible 

changes in behavior post enforcement 

date. Specifically, that in the lower end, 

more individuals will get REAL DL/IDs 

and on the higher end, less will seek 

REAL DL/IDs. However, DHS 

acknowledges there is a level of 

uncertainty with such adoption rates 

and seeks public comment on 

anticipated adoption and compliance 

rate impacts. 

TABLE 5—REAL ID COMPLIANCE BY SCENARIO

Month Baseline 

Phased enforcement 

scenario 1 

(constant rates) 

Phased enforcement 

scenario 2 

(post enforcement change) 

Lower bound 

(%) 

Upper bound 

(%) 

Lower bound 

(%) 

Upper bound 

(%) 

May 24 ................................................................................. 58.2 57.6 58.7 57.6 58.7 

Nov 24 .................................................................................. 63.8 59.3 62.2 59.3 62.2 

May 25 ................................................................................. 70.0 61.2 66.0 61.2 66.0 

Nov 25 .................................................................................. 75.7 63.1 69.9 64.0 69.0 

May 26 ................................................................................. 79.7 65.0 74.1 66.9 72.1 

Nov 26 .................................................................................. 83.6 67.0 78.6 69.9 75.4 


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92Transportation Security Administration. (n.d.). 

TSA checkpoint travel numbers (current year versus 

prior year/same weekday). Passenger Volumes. 

Retrieved from: https://www.tsa.gov/travel/ 

passenger-volumes. Accessed on August 1, 2024. 

93Federal Register. Retrieved from https://

www.federalregister.gov/agencies. Accessed on May 

10, 2023. 

94 DoD will continue to accept state-issued 

noncompliant unmarked ‘‘legacy’’ cards until the 

May 7, 2025, deadline. Department of Homeland 

Security. REAL ID Frequently Asked Questions. 

Retrieved from https://www.dhs.gov/real-id/real-idfaqs. Accessed on August 2nd, 2024. 

TABLE 5—REAL ID COMPLIANCE BY SCENARIO—Continued 

Month Baseline 

Phased enforcement 

scenario 1 

(constant rates) 

Phased enforcement 

scenario 2 

(post enforcement change) 

Lower bound 

(%) 

Upper bound 

(%) 

Lower bound 

(%) 

Upper bound 

(%) 

May 27 ................................................................................. 85.7 69.1 83.4 73.1 78.8 

The baseline and phased enforcement 

scenarios present different trade-offs. 

Under the baseline scenario, the REAL 

ID compliance rate grows and increases 

more quickly as a result of more rapid 

surges in adoption. Such a surge in 

application for REAL IDs, may lead to 

potential backlogs at State DMVs and 

provide individuals reduced options 

after the enforcement date (e.g., denied 

DL/ID use for official purpose). This 

may serve as a strong motivator but may 

also have negative consequences (e.g., 

not allowed to board a commercial flight 

for a critical matter). 

Under a phased approach, DHS 

forecasts a slower adoption of REAL ID, 

as compared to the baseline, with 

compliance increases being spread over 

the two-year phased enforcement 

period. This approach provides 

individuals more time to obtain a REAL 

compliant DL/ID and allows individuals 

who possess non-compliant DL/IDs to 

use such DL/IDs for official purposes 

while also creating opportunities for 

enforcement mechanisms (e.g., 

warnings) that may serve to incentivize 

the public to obtain a REAL ID without, 

or reduced, negative consequences. 

DHS notes that differences in 

compliance rates between the baseline 

and scenarios could have large impacts. 

For example, TSA screens 

approximately 2.5 million passengers a 

day.92 If one percent of those passengers 

were to present a noncompliant DL/ID 

at a checkpoint, it would result in 

25,000 passengers being unable to use 

the noncompliant DL/ID at the 

checkpoint in just a single day. If this 

was extrapolated out a week the number 

increases to 175,000, then 750,000 in a 

month and 2,250,000 in three months 

all of which may result in operational 

and security concerns. DHS recognizes 

TSA is a large use case, but impacts on 

a smaller scale could also apply to other 

Federal agencies. In any scenario, DHS 

believes a phased enforcement approach 

would help reduce challenges that large 

numbers of non-compliant DL/ID 

holders could present compared to full 

and immediate enforcement under the 

baseline. 

a. Phased Enforcement Population 

Under the REAL ID Act and 

regulations, on and after the card-based 

enforcement date, Federal agencies are 

prohibited from accepting non-REAL IDcompliant DL/IDs for official purposes. 

The rulemaking would allow Federal 

agencies to implement the card-based 

enforcement requirement of the REAL 

ID Act and regulations under a phased 

approach if the agency determines a 

significant security or operational risk, 

or if public services offered by the 

agency would be impacted with full 

enforcement. Federal agencies that opt 

to do so must coordinate a plan with 

DHS. After coordination of a plan with 

DHS, a Federal agency may continue to 

accept non-REAL ID-compliant licenses 

and IDs on and after May 7, 2025, as 

part of a phased enforcement plan. To 

ensure that agencies’ enforcement plans 

appropriately advance the objectives of 

the REAL ID regulations, this proposed 

rule would require agencies’ plans to 

include measures for full card-based 

enforcement by May 5, 2027. 

Based on agency information in the 

Federal Register, DHS estimates there 

are 434 Federal agencies, including 

cabinet-level departments, who may 

require REAL IDs for official Federal 

purposes.93 To estimate the number of 

Federal agencies that would submit a 

phased enforcement plan under this 

rulemaking, DHS considers three 

factors; (1) agencies that are on track to 

not accept noncompliant marked cards 

on, or before, the card-based 

enforcement date; (2) agencies that do 

not typically require forms of 

identification for official purposes (e.g., 

to be presented for entry); and (3) DHS’ 

monthly engagements with Federal 

stakeholders. 

Agencies on Track To Not Accept 

Noncompliant Marked Cards on or 

Before the Card-Based Enforcement Date 

First, each Federal agency has the 

authority to set its own minimum 

security access requirements and, if 

desired, can decide not to accept 

noncompliant marked cards before the 

card-based enforcement date. For 

example, the U.S. Department of 

Defense (DoD) finalized an update to its 

DoD-wide installation security policy 

and is in the process of no longer 

accepting noncompliant marked cards 

across all of its facilities and 

installations.94 DHS assumes Federal 

agencies on track to implement 

enforcement by the effective date, are 

more likely to not pursue a phased 

enforcement plan. 

Agencies That Do Not, or Do Not 

Typically, Require Forms of 

Identification To Be Displayed for Entry 

Each facility makes a risk-based 

decision to determine if a form of 

identification is needed for entry, and if 

so, which forms would be accepted. For 

instance, an agency may require 

identification as part of their overall 

security strategy including, but not 

limited to, checking the individual 

against a checklist, or to verify that the 

individual is on an invitation or 

approved visitors list. If an agency only 

requires an individual to present a form 

of identification solely to record the 

individual’s presence as opposed to for 

screening and access purposes, the 

requirements under the REAL ID Act of 

2005 would not apply. 

There are agencies that do not 

typically require forms of identification 

for official purposes or only experience 

of low volume of such interactions. A 

key factor in an agency’s consideration 

may be the number of individuals that 

enter, or pass through, the Federal 

facility in a given day. For some Federal 

agencies, access to certain areas of the 

facility is presently granted without the 


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95 DHS notes that most Federal employees and 

contractors have existing access to their respective 

facilities via employee identification/access cards 

and would not require separate submission of a 

REAL ID for access. 

96TSA presents a unique and the largest use case 

for REAL ID enforcement. Each day, the agency 

screens over two million passengers at airport 

security checkpoints across the United States and 

its territories. 

TSA Checkpoint Travel Numbers (Current Year 

Versus Prior Year(s)/Same Weekday). https://

www.tsa.gov/travel/passenger-volumes. Accessed 

August 18, 2023. 

97Salary Table No. 2023–DCB, Pay & Leave: 

Salaries & Wages, Office of Personnel Management, 

https://www.opm.gov/policy-data-oversight/payleave/salaries-wages/salary-tables/23Tables/html/ 

DCB.aspx. DHS typically uses the DHS Modular 

Cost Model (not publicly available) which leverages 

DC-area locality, Step 3, for budgeting to assist with 

calculating benefits, and other forms of 

compensation for Federal employees. DHS uses 

Step 3 for wages to align with DHS Modular Cost 

Model. 

98The basic pay for SES employees in 2023 

ranged from $141,022 to $212,200 with a midpoint 

of $176,561. Salary Table No. 2023–ES, Pay & 

Leave: Salaries & Wages, Office of Personnel 

Management, www.opm.gov/policy-data-oversight/ 

pay-leave/salaries-wages/salary-tables/23Tables/ 

exec/html/ES.aspx. 

99OPM changed the 2,080 work hours to 2,087 by 

amending 5 U.S.C. 5504(b), the latter is assumed to 

capture year-to-year fluctuations in work hours. 

Source: Consolidated Omnibus Budget 

Reconciliation Act of 1985 (Pub. Law 99–272, April 

7, 1986). 

need for an individual to present a form 

of identification for entry. For instance, 

the public areas of the Smithsonian and 

the National Park Service (NPS). While 

the Smithsonian and NPS would still be 

required to enforce REAL ID 

requirements on the card-based 

enforcement date, the enforcement 

would be limited to the individuals 

attempting to access the non-public 

areas. Presumably, as the number of 

individuals to this restricted entry area 

are significantly fewer than the daily 

number of visitors to Smithsonian 

facilities and National Parks, agencies 

like the Smithsonian and NPS may not 

need to submit phased enforcement 

plans due to limited security or 

operational risks. 

DHS’ Monthly Engagements With 

Federal Stakeholders 

In Fall 2023 and the first quarter of 

2024, DHS began hosting monthly 

stakeholder engagement sessions with 

Federal agencies. During these sessions, 

DHS briefed agencies regarding the 

card-based enforcement date and the 

proposed rulemaking to allow agencies 

the option for a phased approach if they 

determine such a plan is appropriate. 

Through hosting the sessions, DHS was 

able to establish a greater 

understanding, across the Government, 

on which agencies may consider a 

phased approach based on security, 

operational, or public impact risks 

associated with full enforcement. For 

instance, some agencies noted that they 

would follow guidance put forth by 

their cabinet-level department. Of the 

sample of agencies invited, 

approximately 63 percent attended one 

or more stakeholder meetings. Based on 

feedback from agencies and recurring 

attendance over months, DHS assumes 

that 50 percent of agencies that attended 

one or more meetings would pursue a 

phased enforcement plan. 

Based on these three factors, DHS 

assumes that of the 434 Federal 

agencies, 96 percent would not submit 

a phased enforcement plan. As such, 

these agencies would join the 

Department of Defense and begin full 

card-based enforcement on May 7, 2025. 

While individuals would need to 

present a REAL–ID compliant 

identification or an approved alternate 

identification for official purposes from 

that date forth; based on engagements 

with DHS subject matter experts (SMEs) 

and Federal agencies, the vast majority 

of agencies do not handle a significant 

volume, on a daily basis, of individuals 

required to present REAL ID for official 

Federal purposes.95

DHS assumes that the remaining 4 

percent of Federal agencies would 

develop and coordinate phased 

enforcement plans with DHS. The 

majority of such plans are anticipated to 

represent a low-to-medium use case 

(e.g., visitor access to a facility) with 

TSA representing a high-use case given 

the volume of individuals boarding 

federally regulated commercial aircraft 

per day.96

b. Cost of the Proposed Rule 

The following summarizes the 

estimated costs of the proposed rule 

over a 2-year period of analysis. 

Specifically, impacts are evaluated 

between 2024 and 2025 to align with 

agency efforts to develop a phased 

enforcement plan prior to the current 

card-based enforcement date. 

Federal agencies would incur costs to 

familiarize themselves with the 

proposed rule, assess whether to 

implement a phased enforcement plan, 

and if so, develop a plan. DHS, as the 

agency administering the REAL ID 

program, would incur costs to 

coordinate with Federal agencies that 

voluntarily implement a phased 

enforcement plan. 

Compensation Rates 

DHS estimates the labor-related costs 

for DHS and other Federal agencies. 

First, DHS uses the GS, step 3 wage 

scale for the Washington DC metro area 

to represent the annual wage for each 

GS level.97 For Senior Executive Service 

(SES) employees, DHS uses the 

midpoint of the range of basic pay as the 

estimate for the SES annual wage.98

DHS then multiplies annual wages for 

each GS level and SES by a 

compensation factor that represents 

fully loaded compensation rates. The 

compensation factor is the sum of all 

annual compensation which includes 

wages and internal DHS data on awards, 

bonuses, personnel benefits, and transit 

benefits, divided by the annual wage. 

DHS calculates a compensation rate 

per hour by dividing the annual fully 

loaded compensation rates by 2,087, 

which represents the number of annual 

work hours.99 Table 6 summarizes the 

compensation rates per hour for the 

relevant labor categories DHS uses in 

the analysis. 

TABLE 6—COMPENSATION RATES PER HOUR

Labor category Annual 

wage 

Compensation 

factor 100

Annual 

compensation 

rate 

Compensation 

rate per hour 

a b c = a × b d = c ÷ 2,087 

GS–13 ................................................................................................................ $119,482 1.353 $161,673 $77.47 

GS–14 ................................................................................................................ 141,192 1.349 190,482 91.27 

GS–15 ................................................................................................................ 166,079 1.346 223,507 107.09 


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100Compensation factors for the different GS 

levels and SES vary because DHS calculates some 

benefits as a percentage of wages and other benefits 

are static amounts that are equal for all GS levels 

and SES. 

101 $86.64 guidance development compensation 

per hour = (45 percent GS–13 burden × $77.47 GS– 

13 compensation per hour) + (45 percent GS–14 

burden × $91.27 GS–14 compensation per hour) + 

(10 percent GS–15 burden × $107.09 GS–15 

compensation per hour). 

102Phased Enforcement Plan coordination and 

review time estimate is less than it would take for 

a formal approval. 

103 $84.37 coordination compensation per hour = 

(50 percent GS–13 burden × $77.47 GS–13 

compensation per hour) + (50 percent GS–14 

burden × $91.27 GS–14 compensation per hour). 

104 DHS assumes 4 percent of the 434 Federal 

agencies would submit phased enforcement plans, 

or about 18 agencies (see Phased Enforcement 

Population). DHS coordination cost = 18 agencies 

× 16 hours × $84.37 = $24,298. 

105 $84.37 weighted average publishing 

compensation per hour = (50 percent GS–13 burden 

× $77.47 GS–13 compensation per hour) + (50 

percent GS–14 burden × $91.27 GS–14 

compensation per hour). 

TABLE 6—COMPENSATION RATES PER HOUR—Continued 

Labor category Annual 

wage 

Compensation 

factor 100

Annual 

compensation 

rate 

Compensation 

rate per hour 

a b c = a × b d = c ÷ 2,087 

SES .................................................................................................................... 176,561 1.345 237,416 113.76 

Note: Calculation may not be exact due to rounding. 

DHS Costs 

DHS would incur costs related to 

coordinating with Federal agencies on 

their phased enforcement plans to 

address any potential concerns ahead of 

the REAL ID card-based enforcement 

date. This includes the cost to develop 

guidance for agencies on phased 

enforcement and time to review and 

coordinate with agencies on their plans. 

Furthermore, DHS must publish the list 

of agencies that have coordinated 

phased enforcement plans. 

DHS would develop guidance to 

inform Federal agencies that they may 

implement REAL ID card-based 

enforcement using a phased approach, 

how to do so, and the level of 

coordination necessary with DHS. DHS 

consulted with internal SMEs who 

estimate a range to develop guidance 

between 60 to 100 hours. DHS uses the 

midpoint of this range, 80 hours, to 

calculate the cost to develop guidance. 

DHS assumes this time would be split 

between GS–13, GS–14, and GS–15 

employees, with a respective burden of 

45 percent, 45 percent, and 10 percent. 

DHS calculates a weighted average 

guidance development compensation 

rate of $86.64 per hour by summing the 

product of the compensation rates and 

the proportion of burdens for the 

respective groups of employees 

contributing to the efforts.101 DHS 

estimates a $6,931 guidance 

development cost by multiplying the 80- 

hour burden and the weighted average 

guidance development compensation 

rate of $86.64 per hour. 

DHS coordination would also include 

reviewing phased enforcement plans to 

ensure compliance with the REAL ID 

Act and regulations (but would not 

include approval of plans). DHS 

consulted with internal SMEs who 

estimate a range to coordinate and 

review plans between 8 and 24 hours 

per plan.102 DHS uses the midpoint of 

the range, 16 hours per plan, to 

calculate DHS coordination costs. DHS 

assumes this time would be split 

between GS–13 and GS–14 employees, 

with a respective burden of 50 percent 

and 50 percent. DHS estimates a 

weighted average coordination 

compensation of $84.37 per hour by 

summing the product of the 

compensation rates and the proportion 

of burdens for the respective groups of 

employees contributing to the efforts.103

DHS estimates the coordination cost by 

multiplying the 18 agencies that would 

develop plans, the 16-hour time burden, 

and weighted average coordination 

compensation rate of $84.37 per hour 

for a total coordination cost of 

$24,298.104

DHS would also incur costs to make 

publicly available a list of agencies that 

have coordinated phased enforcement 

plans with DHS. DHS assumes it would 

publish the list of agencies on a web 

page on DHS’s REAL ID website in year 

two of the analysis, just prior to the 

card-based enforcement date. DHS 

SMEs estimate it would take 16 hours to 

create, review, approve, and publish 

content on its existing REAL ID website. 

DHS assumes this time would be split 

between GS–13 and GS–14 employees, 

with a respective burden of 50 percent 

and 50 percent. DHS estimates a 

weighted average publishing 

compensation of $84.37 per hour by 

summing the product of the 

compensation rates and the proportion 

of burdens for the respective groups of 

employees contributing to the efforts.105

DHS calculates a publishing cost of 

$1,350 by multiplying the 16-hour 

burden and weighted average 

publishing compensation rate of $84.37 

per hour. DHS assumes incremental 

maintenance costs for this one web page 

would be minimal because DHS would 

already maintain the DHS REAL ID 

website. Furthermore, DHS would not 

need to update the website content 

frequently because all Federal agencies 

that voluntarily implement a phased 

enforcement plan would need to do so 

by May 7, 2025. 

DHS estimates the 2-year total cost for 

phased enforcement coordination to be 

$0.033 million undiscounted and $0.031 

million discounted at 2 percent. Table 7 

describes the total costs of the proposed 

rule to DHS. 

TABLE 7—TOTAL COST TO DHS 

[$ Actual dollars, 2023 dollars] 

Year 

Cost to 

develop 

guidance 

Cost to 

coordinate 

Cost to 

publish list 

Total cost 

Undiscounted Discounted 

at 2% 

a b c d = a + b + c 

2024: 1 ......................................................................................... $6,931 $0 $0 $6,931 $6,795 


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I 
Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Proposed Rules 74157 

106 DHS estimates a familiarization cost and time 

burden based on the time required to read all of the 

words in the notice of proposed rulemaking. DHS 

also assumes that individuals responsible for 

reviewing the proposed rule read at a rate of 238 

words per minute. 1.09 familiarization time burden 

= 15,616 words in NPRM ÷ 238 words per minute 

÷ 60 minutes. 

Brysbaert, Marc. ‘‘How many words do we read 

per minute? A review and meta-analysis of reading 

rate.’’ Journal of Memory and Language, Aug. 2019. 

107 DHS estimates one GS–14 and one GS–15 

employee would spend an equal amount of time to 

review the proposed rule (i.e., a 50 percent burden 

for the GS–14 level and 50 percent burden for the 

GS–15 level). $99.18 weighted average 

familiarization compensation per hour = (50 

percent GS–14 burden × $91.27 GS–14 

compensation per hour) + (50 percent GS–15 

burden × $107.09 GS–15 compensation per hour). 

108Note: Calculation may not be exact due to 

rounding. 

109 DHS assumes the burden to make a plan 

determination is split with 50 percent of the effort 

by GS–15 employees and 50 percent by SES 

employees because the determination would be 

made by senior level employees. $110.43 weighted 

average plan determination compensation per hour 

= (50 percent GS–15 burden × $107.09 GS–15 

compensation per hour) + (50 percent SES burden 

× $113.76 SES compensation per hour). 

110Note: Calculation may not be exact due to 

rounding. 

111 $100.64 weighted average plan development 

compensation per hour = (45 percent GS–14 burden 

× $91.27 GS–14 compensation per hour) + (45 

percent GS–15 burden × $107.09 GS–15 

compensation per hour) + (10 percent SES burden 

× $113.76 SES compensation per hour). 

112 DHS assumes 4 percent of the 434 Federal 

agencies would submit phased enforcement plans, 

or about 18 agencies (see Phased Enforcement 

Population). 

113Note: Calculation may not be exact due to 

rounding. 

TABLE 7—TOTAL COST TO DHS—Continued 

[$ Actual dollars, 2023 dollars] 

Year 

Cost to 

develop 

guidance 

Cost to 

coordinate 

Cost to 

publish list 

Total cost 

Undiscounted Discounted 

at 2% 

a b c d = a + b + c 

2025: 2 ......................................................................................... 0 24,298 1,350 25,648 24,652 

Total ...................................................................................... 6,931 24,298 1,350 32,579 31,447 

Note: Totals may not add due to rounding. 

Federal Agency Costs 

All Federal agencies would need to 

familiarize themselves with the 

proposed rule and phased enforcement 

concept and determine if a phased 

enforcement plan is necessary. DHS 

assumes at least one attorney and one 

manager at the GS–14 and GS–15 levels 

within each agency would review the 

proposed rule. DHS estimates that each 

person reviewing the rulemaking would 

spend an average of 1.1 hours.106 DHS 

calculates a weighted average 

familiarization compensation rate of 

$99.18 per hour by summing the 

product of the compensation rates and 

the proportion of burdens for the 

respective groups of employees 

contributing to the efforts.107 DHS 

estimates the cost for all Federal 

agencies to familiarize themselves with 

phased enforcement by multiplying the 

434 Federal agencies, the two 

employees per agency reviewing the 

rulemaking, the 1.1 hours 

familiarization burden and the weighted 

average familiarization compensation 

rate of $99.18 per hour for an initial 

familiarization cost of $94,145.108

In addition to familiarization, all 

Federal agencies would need to 

determine if based on their specific 

environment, developing and 

coordinating a phased enforcement plan 

is necessary. DHS SMEs estimate 

Federal agencies would spend, on 

average, between 10 to 40 hours to make 

a determination. DHS uses the midpoint 

of the range, 25 hours, to calculate the 

cost to make a determination. DHS 

assumes this time would be split 

between a GS–15 and SES, with a 

respective burden of 50 percent and 50 

percent. DHS calculates a weighted 

average plan determination 

compensation of $110.43 per hour by 

summing the product of the 

compensation rates and the proportion 

of burdens for the respective groups of 

employees contributing to the efforts.109

DHS estimates the cost for all Federal 

agencies to determine a need for a 

phased enforcement plan by 

multiplying the 434 Federal agencies, 

the 25-hour burden, and the plan 

determination compensation rate of 

$110.43 per hour. This plan 

determination cost is $1.20 million.110

Federal agencies that develop phased 

enforcement plans would incur costs to 

develop and coordinate their respective 

plans with DHS. DHS assumes plan 

development and coordination would 

also include preparing briefing materials 

for the public and updating the agency’s 

website to inform the public of the 

phased enforcement plan and policies. 

DHS SMEs estimate Federal agencies 

would spend, on average, between 150 

and 300 hours to develop plans. DHS 

uses the midpoint of the range, 225 

hours, to calculate the cost to develop 

plans. DHS assumes this time would be 

split between GS–14, GS–15, and SES 

employees, with a respective burden of 

45 percent, 45 percent, and 10 percent. 

DHS estimates a weighted average plan 

development compensation of $100.64 

per hour by summing the product of the 

compensation rates and the proportion 

of burdens for the respective groups of 

employees contributing to the efforts.111

DHS multiplies the 18 agencies that 

develop plans,112 the 225-hour 

development time burden, and the plan 

development compensation rate of 

$100.64 per hour to calculate a plan 

development cost of $407,594.113

Table 8 presents the total Federal cost 

estimates over the 2-year period of 

analysis which equates to $1.70 million 

undiscounted and $1.67 million 

discounted at 2 percent. 


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114 In GAO Report 12–893 (Driver’s License 

Security), GAO highlights the steps taken by States 

to detect counterfeit documents and identity thefts, 

many of the same requirements of the REAL ID Act. 

For instance, the verification of Social Security as 

well as the use of SAVE have helped reduced the 

number of fraudulent licenses issued. Retrieved 

from https://www.gao.gov/assets/gao-12-893.pdf. 

Accessed on August 28, 2024. 

TABLE 8—TOTAL QUANTIFIED COST TO FEDERAL AGENCIES

[$ Actual dollars, 2023 dollars] 

Year Familiarization 

cost 

Plan 

determination 

cost 

Plan 

development 

cost 

Total cost to Federal agencies 

Undiscounted Discounted 

at 2% 

a b c d = a + b + c 

2024: 1 ........................................................................... $94,145 $1,198,136 $407,594 $1,699,874 $1,666,543 

2025: 2 ........................................................................... 0 0 0 0 0 

Total ........................................................................ 94,145 1,198,136 407,594 1,699,874 1,6666,543 

Note: Totals may not add due to rounding. 

Unquantified Costs 

The proposed rule would also include 

non-quantified impacts and costs to 

affected entities. Such impacts are 

difficult to quantify largely due to a high 

degree of uncertainty. One such impact 

is the delay of benefits from the original 

rule by implementing the card-based 

enforcement requirement of the REAL 

ID rule in a phased manner. Full 

security benefits associated with the 

REAL ID rule would not be realized, as 

a result of agencies implementing a 

phased approach, until full enforcement 

occurs. As the benefits associated with 

the 2008 rule are difficult to quantify, so 

too is the quantification of their 

delay.114 Nonetheless, this proposed 

rule would have less unrealized or 

delayed security benefits compared to 

an extension of the full compliance 

date. 

Federal agencies that voluntarily 

implement card-based enforcement in a 

phased approach would incur costs 

related to plan implementation. 

However, DHS assumes there would be 

a high degree of variability among such 

plans, and agencies would have 

discretion to determine what aspects to 

include in a phased enforcement plan. 

Nonetheless, Federal agencies would 

likely incur costs related to training 

necessary personnel on the processes 

and procedures of phased enforcement 

plans. Federal agencies would also 

likely incur costs to inform the public 

or appropriate stakeholders impacted 

about the new identity verification 

procedures related to the agencies’ 

phased enforcement plans (e.g., 

awareness campaign through media, 

signage at access points, and/or 

providing notices for individuals with 

non-compliant identification). Such 

costs may extend through agencies’ 

phased enforcement plans, beyond years 

one and two of this analysis. Individuals 

may also incur costs to become aware of 

phased enforcement plans and respond 

accordingly. 

Total Cost of Phased Enforcement Rule 

Table 9 presents the two-year total 

cost of the phased enforcement 

proposed rule. DHS estimates the total 

cost of the proposed rule to be $1.73 

million undiscounted and $1.70 million 

discounted at 2 percent. 

TABLE 9—TOTAL COST OF PHASED ENFORCEMENT RULE

[Actual dollars, 2023 dollars] 

Year Cost to 

DHS 

Cost to Federal 

agencies 

Total cost 

Undiscounted Discounted 

at 2% 

a b c = a + b 

2024: 1 ....................................................................................................... $6,931 $1,699,874 $1,706,805 $1,673,339 

2025: 2 ....................................................................................................... 25,648 0 25,648 24,652 

Total .................................................................................................... 32,579 1,699,874 1,732,453 1,697,991 

Annualized .......................................................................................... .................... .............................. .......................... 874,549 

Note: Totals may not add due to rounding. 

a. Benefits of the Proposed Rule 

Phased enforcement provides Federal 

agencies the flexibility on how to start 

enforcing REAL ID card-based 

enforcement requirements in a manner 

that may reduce operational disruption, 

security risk, and public impact. This is 

especially relevant for Federal agencies 

that process large numbers of 

individuals and require identification 

for access purposes. Phased 

enforcement provides Federal agencies 

more time to implement strategies to 

engage stakeholders and encourage 

REAL ID adoption. It can also provide 

time for agencies to develop alternative 

means to ensure continued operations 

for services or activities that require use 

of REAL ID for official purposes. 

Allowance of a phased approach would 

not unnecessarily delay REAL ID 

enforcement for those Federal agencies 

ready to fully implement while also 

allowing more time for those Federal 

agencies who they themselves, or their 

stakeholders, would benefit from more 

time to implement. 

Phased Enforcement of the card-based 

requirement would provide the public 

more time to obtain REAL–ID compliant 

DL/IDs. This may mitigate a potential 

backlog of applications for States with 


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115 DHS forecasts the rate of REAL IDs under the 

baseline scenario would reach 85.7 percent by May 

2027 whereas, DHS forecasts the rate under phased 

enforcement would be between 69.1 to 83.4 percent 

by May 2027. This 2.3 to 16.6 difference helps 

spread the processing of REAL ID requests for states 

as well of reducing additional negative impacts 

associated with rapid enforcement. 

116 Delays may be short and straightforward or 

lengthy and more complex. For example, simply 

explaining the REAL ID requirements and providing 

an alternative form of identification may only take 

a few minutes whereas individuals unable to use a 

noncompliant DL/ID may escalate the situation, 

refusing to leave the access point, request to speak 

with supervisors, or even assaulting security or 

screening workforce which represent longer 

customer interactions and consume more resources 

(e.g., additional workforce and/or law enforcement) 

to resolve each interaction. 

117For example, if an agency processes 2.5 

million visitors a day and 30 percent of visitors 

have non-compliant DL/IDs, it could potentially 

result in 750,000 visitors being unable to use their 

DL/IDs to gain access per day. Such large numbers 

of individuals with non-compliant identification 

could result in operational and security concerns as 

well as negative public impacts. 

118 71 FR 68412 (November 24, 2006). 

119State Department: Comprehensive Strategy 

Needed to Improve Passport Operations, United 

States Government Accountability Office (Jul. 28, 

2008), available at https://www.gao.gov/assets/gao08-891.pdf. 

lower compliance rates.115 The 

percentage of DL/IDs that are REAL IDcompliant lags well behind the national 

average in some States and those States 

may otherwise experience a surge in 

REAL ID applications in the absence of 

phased enforcement. States may thus be 

able to avoid an increase in processing 

times and costs related to measures to 

alleviate backlogs in applications, such 

as longer operating hours, increasing 

staff, and overtime pay. States and their 

DMVs may also be able to smooth out 

their operational needs, as the phased 

enforcement approach may mitigate a 

surge in REAL ID applications prior to 

full enforcement. 

A higher proportion of individuals 

with compliant identification also 

reduces potential queuing and 

associated delays. For example, if an 

individual presents valid, non-REAL IDcompliant identification at an access 

point, security or screening workforce 

may require additional time to confirm 

the individual’s identity, and/or explain 

the requirements of REAL ID and thus 

delay the individual, or not provide the 

individual access.116 Such delays may 

also have downstream impacts and 

cause longer delays for other 

individuals waiting in line at the access 

point, including for those who may 

possess a REAL ID-compliant document. 

However, under a phased enforcement 

plan, after verifying the individual’s 

identity, the individual may be able to 

use the valid, non-compliant 

identification to access Federal facilities 

(for a temporary period of time). 

Finally, any benefits to individuals or 

States associated with procuring a 

noncompliant card would be extended 

to those impacted through the phase-in 

period of card-based enforcement to the 

extent the agencies such individuals 

interact with for official purposes 

determine to implement card-based 

enforcement through a phased 

approach, in place of full and 

immediate enforcement on May 7, 2025; 

however, the security benefits 

associated with full enforcement would 

also be delayed. 

b. Alternatives Considered 

DHS considered one alternative in 

addition to the baseline scenario and the 

proposed rule. 

Alternative 1: Baseline Scenario 

In the no action baseline scenario 

(Alternative 1), full card-based 

enforcement would begin in May 2025 

without further extensions of the 

enforcement date or a phased approach 

to enforcement. 

In the baseline scenario, absent 

phased enforcement, DHS forecasts that 

by May 2025, approximately 70 percent 

of all State-issued DL/IDs would be 

REAL ID-compliant. Full card-based 

enforcement when a significant 

percentage of the population could 

present non-compliant identification 

may increase operational risks to 

Federal agencies; especially agencies 

that process a large number of 

individuals per day.117 Federal agencies 

would be unable to accept 

noncompliant DL/IDs and may have to 

turn away individuals unable to present 

REAL ID-compliant identification, or 

another form of acceptable 

identification. Federal agencies would 

also spend additional time adjudicating 

such transactions where individuals 

present non-compliant identification, 

including handling additional questions 

and waiting for individuals to present 

compliant identification. Individuals 

without compliant identification and 

those waiting in long queues could 

become frustrated and cause incidents, 

such as a backlash to security personnel 

enforcing REAL ID. 

The additional time required to 

adjudicate transactions involving the 

presentation of non-compliant 

identification could lead to delays 

including accessing Federal facilities 

and federally regulated commercial 

aircraft, which could impact both 

individuals with non-compliant 

identification and individuals waiting 

in queues, increasing their time burden 

and associated opportunity costs. These 

delays could have a significant effect on 

the travel industry, with individuals 

unable to present compliant 

identification at TSA checkpoints being 

denied access, or individuals caught in 

long queues, that may result in 

canceling, postponing, or adjusting 

travel plans and incurring associated 

costs. This may include making 

alternative travel arrangements whose 

substitution may include less efficient 

modes of transportation (e.g., travelers 

deciding to drive rather than fly). 

While nationwide, approximately 

56.4 percent of all DL/IDs are REAL IDcompliant as of January 2024, there is a 

wide distribution of compliance across 

States with some lagging well behind 

the national average. Implementation of 

full card-based enforcement in May 

2025 may lead to a surge in REAL ID 

applications and visits to the 

Department of Motor Vehicles, 

especially in those States with lower 

levels of REAL ID adoption. As a result, 

States may incur additional costs to 

resolve such potential surges in 

applications, including, but not limited 

to, operating longer hours, hiring more 

workers, and providing overtime pay for 

employees. Surges in applications could 

also lead to additional costs for 

individuals, including increased 

processing times to obtain a REAL ID 

and increased waiting times at the 

Department of Motor Vehicles. 

For example, in 2007, DHS and the 

Department of State implemented the 

WHTI rule.118 The WHTI rule imposed 

new passport requirements for U.S. 

citizens and nonimmigrant aliens from 

certain countries entering the United 

States from countries within the 

Western Hemisphere. The WHTI rule 

led to a larger than anticipated increase 

in passport applications in 2007, longer 

passport processing times from 5 weeks 

to 10 to 12 weeks, and longer lines and 

crowded waiting rooms at Department 

of State facilities. The Department of 

State incurred $42.8 million in costs (in 

2007 dollars) to alleviate the surge in 

applications through additional staff, 

overtime pay, travel for temporary staff, 

telephone services for its call centers, 

equipment, and furniture.119

Implementing full card-based REAL 

ID enforcement would allow for the full 

realization of the benefits of the REAL 

ID rule without further delay. 

Specifically, DHS believes the primary 

benefit of REAL ID enforcement, as 

discussed in the 2008 rule, would be a 

potential increase to U.S. national 

security by reducing the vulnerability to 

criminal or terrorist activity of Federal 

buildings, nuclear facilities, and aircraft. 

An additional possible benefit of the 


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120Public Law 96–354, 94 Stat. 1164 (Sept. 19, 

1980), codified at 5 U.S.C. 601 et seq., as amended 

by the Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA). 

2008 rule includes reducing fraud, by 

increasing the difficulty of fraudulently 

obtaining a valid license and increasing 

the cost to create false licenses. 

DHS rejects Alternative 1, however, as 

it limits the flexibility Federal agencies 

can use to implement REAL ID cardbased enforcement. The potential for 

large numbers of individuals presenting 

non-REAL ID-compliant identification 

as a means to verify identity to access 

Federal facilities could cause 

operational risks to Federal agencies; 

especially those that process large 

numbers of individuals (e.g., the airport 

security environment). Surges in REAL 

ID applications may also cause negative 

impacts to States in issuing REAL IDs, 

and individuals in obtaining them. The 

proposed rule allows Federal agencies 

to take such factors into account and 

make determinations about how to 

address potential full card-based 

enforcement risks associated with the 

card-based enforcement date. 

Alternative 2: Extension of Card-Based 

Enforcement Deadline 

In this alternative, DHS would issue 

a rule to extend the card-based 

enforcement date from May 7, 2025, to 

some date between one and two years 

later (Alternative 2). Alternative 2 is 

distinct from the proposed rule because 

it extends the card-based enforcement 

date for all Federal agencies and does 

not specifically include an option to 

implement card-based enforcement 

through a phased approach. Under 

Alternative 2, Federal agencies would 

be prohibited from accepting 

noncompliant cards by a new date. 

While Alternative 2 would afford the 

public more time to obtain REAL IDcompliant identification, implementing 

Alternative 2 would potentially allow 

those without REAL ID-compliant DL/ID 

to prolong obtaining such document. 

REAL ID adoption rates may continue to 

decrease further then they have over the 

last 12 months. Issuing another 

extension may send a signal to 

individuals and industry that full 

implementation of REAL ID is delayed 

indefinitely and that additional 

extensions continue to be real 

possibilities thereby not providing 

sufficient encouragement or incentive 

for the public to obtain REAL IDs. 

This alternative would also delay the 

security benefits associated with the 

REAL ID rule across all Federal agencies 

until the extended card-based 

enforcement date. 

Under the Alternative 2, DHS and 

Federal agencies would be able to avoid 

the quantifiable and unquantifiable 

costs related to the proposed rule. For 

Federal agencies, this includes phased 

enforcement plan development and 

implementation. Alternative 2 also 

shares some of the same benefits as the 

proposed rule. For example, extending 

the card-based enforcement date would 

provide the public more time to obtain 

a REAL ID and may mitigate a potential 

backlog of applications for States with 

lower compliance rates (or may simply 

further put off the issue without a real 

solution). States may be able to avoid 

costs related to measures to alleviate 

backlogs in applications for a period of 

time. The alternative would help 

Federal agencies that process large 

numbers of individuals avoid 

operational disruption in May 2025 

because agencies would be able to 

continue to accept valid and unexpired 

non-REAL ID-compliant identification. 

DHS does not prefer Alternative 2. 

Since 2020, DHS has extended the cardbased enforcement date on three 

occasions and by nearly 5 years. DHS 

believes the vast majority of Federal 

agencies would be ready to fully enforce 

the card-based deadline on May 7, 2025. 

Another extension may give the public 

and industry the impression that REAL 

ID would continue to be delayed and 

not enforced in the near future. Thus, 

the proposed rule maintains the 

effective date for those Federal agencies 

able to implement yet also provides 

flexibilities for those who would benefit 

from additional time. 

1. Regulatory Flexibility Assessment 

The RFA of 1980 requires agencies to 

consider the potential impact of 

regulations on small businesses, small 

government jurisdictions, and small 

organizations during the development of 

their rules.120 The Secretary, pursuant 

to 5 U.S.C. 605(b), certifies that the 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The NPRM would only be applicable to 

Federal agencies who under the RFA are 

not considered small entities. 

Accordingly, DHS is not required to 

prepare a regulatory flexibility analysis. 

See 5 U.S.C. 603, 604. 

2. Unfunded Mandates Reform Act 

Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

DHS generally must prepare a written 

Statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘federal mandates’’ that may result 

in expenditures by State, local, and 

Tribal governments in the aggregate or 

by the private sector of $100 million or 

more (adjusted for inflation) in any one 

year. 

Before DHS promulgates a rule for 

which a written statement is required, 

section 205 of the UMRA generally 

requires TSA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective, or least burdensome 

alternative that achieves the objectives 

of the rulemaking. The provisions of 

section 205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows DHS to 

adopt an alternative other than the least 

costly, most cost-effective, or least 

burdensome alternative if the proposed 

or final rule provides an explanation 

why that alternative was not adopted. 

Before DHS establishes any regulatory 

requirements that may significantly or 

uniquely affect small governments, 

including Tribal governments, it must 

develop under section 203 of the UMRA 

a small government agency plan. The 

plan must provide for notifying 

potentially affected small governments, 

enabling officials of affected small 

governments to have meaningful and 

timely input in the development of DHS 

regulatory proposals with significant 

Federal intergovernmental mandates, 

and informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

When adjusted for inflation, the 

threshold for expenditures becomes 

$183 million in 2023 dollars. DHS has 

determined that this proposed rule does 

not contain a Federal mandate that may 

result in expenditures that exceed that 

amount either for State, local, and Tribal 

governments in the aggregate in any one 

year thus a written statement would not 

be required under UMRA. DHS will 

publish a final analysis, including its 

response to public comments, when it 

publishes a final rule. 

C. Executive Order 13132 (Federalism) 

A rule has federalism implications 

under E.O. 13132, ‘‘Federalism’’ (64 FR 

43255, Aug. 10, 1999), if it has a 

substantial direct effect on State 

governments, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. DHS has 

analyzed this proposed rule under E.O. 

13132 and has determined that although 

this rulemaking may indirectly affect 

the States, it does not impose 


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Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Proposed Rules 74161 

121See 73 FR 5272 (Jan. 29, 2008). 

substantial direct compliance costs or 

preempt State law. The direct 

compliance costs to States for 

implementation of REAL ID 

requirements were already accounted 

for in DHS 2008 final rule.121 In fact, the 

proposed rule is responsive to concerns 

expressed by State agencies regarding 

the upcoming deadline and would 

potentially provide States’ residents 

more time to obtain a REAL IDcompliant DL/ID if agencies determine 

to implement card-based enforcement 

through a phased approach. The key 

impact of the rulemaking is to allow 

Federal agencies the authority to 

provide a phased enforcement 

approach. DHS has determined that the 

proposed rule is consistent with E.O. 

13132. 

D. Executive Order 13175 (Tribal 

Consultation) 

This proposed rule does not have 

tribal implications under E.O. 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ because it 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Environmental Analysis 

DHS reviews actions to determine 

whether National Environmental Policy 

Act (NEPA) applies to them and, if so, 

what degree of analysis is required. DHS 

Directive 023–01 Rev. 01 (Directive) and 

Instruction Manual 023–01–001–01 Rev. 

01 (Instruction Manual) establishes the 

procedures that DHS and its 

components use to comply with NEPA 

and the Council on Environmental 

Quality (CEQ) regulations for 

implementing NEPA, 40 CFR parts 1500 

through 1508. 

The CEQ regulations allow Federal 

agencies to establish, with CEQ review 

and concurrence, categories of actions 

(‘‘categorical exclusions’’) which 

experience has shown do not 

individually or cumulatively have a 

significant effect on the human 

environment and, therefore, do not 

require an environmental assessment or 

environmental impact statement. 40 

CFR 1507.3(b)(2)(ii), 1508.4. For an 

action to be categorically excluded, it 

must satisfy each of the following three 

conditions: (1) the entire action clearly 

fits within one or more of the categorical 

exclusions; (2) the action is not a piece 

of a larger action; and (3) no 

extraordinary circumstances exist that 

create the potential for a significant 

environmental effect. Instruction 

Manual section V.B(2)(a)–(c). 

The clarification and notice provided 

by this proposed rule fits within 

categorical exclusion A3(d) 

‘‘Promulgation of rules...that interpret or 

amend an existing regulation without 

changing its environmental effect.’’ 

Instruction Manual, appendix A, table 1. 

Furthermore, the proposed rule is not 

part of a larger action and presents no 

extraordinary circumstances creating 

the potential for significant 

environmental impacts. Therefore, the 

proposed rule is categorically excluded 

from further NEPA review. 

F. Energy Impact Analysis 

The energy impact of this rulemaking 

has been assessed in accordance with 

the Energy Policy and Conservation Act 

(EPCA), Public Law 94–163, as amended 

(42 U.S.C. 6362). DHS has determined 

that this rulemaking would not be a 

major regulatory action under the 

provisions of the EPCA. 

List of Subjects in 6 CFR Part 37 

Document security, Driver’s licenses, 

Identification cards, Motor vehicle 

administrations, Physical security. 

For the reasons set forth above, the 

Department of Homeland Security 

proposes to amend 6 CFR part 37 as 

follows: 

PART 37—REAL ID DRIVER’S 

LICENSES AND IDENTIFICATION 

CARDS 

■ 1. The authority citation for part 37 

continues to read as follows: 

Authority: 49 U.S.C. 30301 note; 6 U.S.C. 

111, 112. 

■ 2. Amend § 37.5 by revising 

paragraphs (b) and (c) and adding 

paragraph (d) and (e) to read as follows: 

§ 37.5 Validity periods and deadlines for 

REAL ID driver’s licenses and identification 

cards. 

* * * * * 

(b) Except as provided in paragraph 

(d) of this section, on or after May 7, 

2025, Federal agencies shall not accept 

a driver’s license or identification card 

for official purposes from any 

individual unless such license or card is 

a REAL ID-compliant driver’s license or 

identification card issued by a State that 

has been determined by DHS to be in 

full compliance as defined under this 

subpart. 

(c) Through the end of May 6, 2025, 

Federal agencies may accept for official 

purposes a driver’s license or 

identification card issued under § 37.71. 

Except as provided in paragraph (d) of 

this section, on or after May 7, 2025, 

Federal agencies shall not accept for 

official purposes a driver’s license or 

identification card issued under § 37.71. 

(d) Federal agencies may implement 

the requirements of paragraphs (b) and 

(c) of this section through a phased 

enforcement plan if the agency 

determines phased implementation is 

appropriate. Federal agencies that 

implement phased enforcement plans 

authorized by this paragraph (d) must: 

(1) Make a determination that a 

phased enforcement plan is appropriate 

in consideration of relevant factors 

including security, operational 

feasibility, and public impact; 

(2) Coordinate the phased 

enforcement plan with DHS; 

(3) Make the phased enforcement plan 

publicly available on the agency’s web 

page; and 

(4) Achieve full enforcement of the 

requirements of paragraphs (b) and (c) of 

this section no later than May 5, 2027. 

(e) DHS will make publicly available 

a list of agencies that have coordinated 

phased enforcement plans with DHS 

pursuant to paragraph (d) of this 

section. 

Dated: September 6, 2024. 

David P. Pekoske, 

Administrator. 

[FR Doc. 2024–20616 Filed 9–11–24; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 35 

[Docket No. RM24–9–000] 

Alliance for Tribal Clean Energy; 

Notice of Petition for Rulemaking and 

Intent To Hold Tribal Consultation 

Meetings 

SUMMARY: Take notice that, on August 9, 

2024, the Alliance for Tribal Clean 

Energy, pursuant to Rule 207(a)(4) of the 

Federal Energy Regulatory 

Commission’s (Commission) Rules of 

Practice and Procedure, filed a petition 

requesting that the Commission conduct 

an expedited rulemaking to revise the 

pro forma Large Generator 

Interconnection Procedures (LGIP) to 

defer the time at which certain tribal 

energy developers must post 

commercial readiness deposits and 

exempt them from potential withdrawal 

penalties. The Commission intends to 

conduct Tribal consultation per the 

Commission’s Policy Statement on 

Consultation with Indian Tribes in 


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