3472 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

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). 

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. While REAL ID issuance data 

through October 2024 is available, based on the 

most recent data, DHS expects the percentage of 

REAL IDs by the card-based enforcement date to be 

on par with the forecasts presented in the NPRM. 

As a result, the regulatory analyses (section 

V(b)(2)(d) Adoption of REAL ID-Compliant DL/IDs) 

maintains the values used in the NPRM which DHS 

published in September 2024. 

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 4. 

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: Final rule. 

SUMMARY: This rule ensures 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 these provisions 

in phases. Under this rule, 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 rule also requires agencies 

to coordinate their plans with DHS, 

make the plans publicly available, and 

achieve full enforcement by May 5, 

2027. 

DATES: Effective January 14, 2025. 

FOR FURTHER INFORMATION CONTACT: 

George Petersen, 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. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Document 

You can find an electronic copy of 

this rulemaking using the internet by 

accessing the Government Publishing 

Office’s web page at https://

www.govinfo.gov/app/collection/FR/ to 

view the daily published Federal 

Register edition or accessing the Office 

of the Federal Register’s web page at 

https://www.federalregister.gov. Copies 

are also available by contacting the 

individual identified for ‘‘General’’ in 

the FOR FURTHER INFORMATION CONTACT

section. Make sure to identify the docket 

number of this rulemaking. 

Abbreviations and Terms Used in This 

Document 

APA—Administrative Procedure Act 

DHS—Department of Homeland Security 

DL/IDs—Driver’s Licenses and Identification 

Cards 

DMV—Departments of Motor Vehicles 

EDL—Enhanced Driver’s Licenses 

NPRM—Notice of Proposed Rulemaking 

TSA—Transportation Security 

Administration 

Table of Contents 

I. Executive Summary 

A. Purpose of the Regulatory Action 

B. Summary of the Major Provisions of the 

Regulatory Action 

C. Costs and Benefits 

II. Background 

A. Statutory and Regulatory History 

B. Phased Enforcement Rulemaking 

C. Broad DHS Approach 

III. General Discussion of the Rulemaking 

A. Rulemaking Objectives 

B. Summary of Regulatory Provisions 

C. Maintaining the May 7, 2025, CardBased Enforcement Deadline 

D. Phased Enforcement Guidance 

IV. Discussion of Comments 

A. General Opposition to REAL ID 

B. Legal Authority 

C. General Support for the Rulemaking 

D. Immediate Transition to Full 

Enforcement 

E. Extension of the Card-Based 

Enforcement Deadline 

F. Confusion Associated With Phased 

Enforcement Generally 

G. Public Availability of Agencies’ Phased 

Enforcement Plans 

H. Length of Phased Enforcement Period 

I. Relevant Factors and Resources for 

Development and Approval of Phased 

Enforcement Determinations by Federal 

Agencies 

J. Phased Enforcement Implementation 

Concerns 

K. Alternative Approaches to Phased 

Enforcement 

L. Costs of the Rule 

V. Statutory and Regulatory Analyses 

A. Administrative Procedure Act 

B. Paperwork Reduction Act 

C. Economic Impact Analysis 

D. Executive Order 13132 (Federalism) 

E. Executive Order 13175 (Tribal 

Consultation) 

F. Environmental Analysis 

G. Energy Impact Analysis 

H. Small Business Regulatory Enforcement 

Fairness Act of 1996 (Congressional 

Review Act) 

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 REAL ID Act and its 

implementing regulations set minimum 

security standards for State-issued 

driver’s licenses and identification cards 

(DL/IDs), which are designed to improve 

the security and reliability of those 

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 REAL ID regulations, 

REAL ID card-based enforcement begins 

on May 7, 2025. Card-based 

enforcement means that Federal 

agencies may only accept DL/IDs for 

official purposes, defined in the REAL 

ID Act and regulation, if the DL/IDs are 

issued in accordance with REAL ID 

requirements.3 In order to fully realize 

the enhanced security provided by the 

REAL ID requirements, DHS is 

committed to beginning card-based 

enforcement on May 7, 2025. However, 

as of January 2024, only approximately 

56 percent of DL/IDs in circulation 

nationally are REAL ID-compliant.4 In 

34 States,5 less than 60 percent of DL/ 

IDs in circulation are REAL IDcompliant, and, of those, in 22 States 

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

history of REAL ID deadlines being 

extended, DHS believes that the public 

may continue to expect that additional 

extensions are likely and not feel 

urgency to obtain a REAL ID-compliant 

card. DHS believes this lack of urgency 

is likely to delay increased adoption in 

many States despite best efforts to 

inform the public, potentially leading to 


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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. Accessing 

a Federal facility that is normally open to the public 

and does not require visitors to establish their 

identity to enter is generally not an official purpose 

under the REAL ID Act and regulation. 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 October 3, 2024). 

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

enforcement’’ means that an agency will not accept 

noncompliant DL/IDs for REAL ID official purposes. 

last-minute surges in demand for REAL 

ID-compliant IDs leading up to the 

deadline. 

DHS believes this surge could 

overwhelm some States with low levels 

of adoption 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 

purpose 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, board a federally 

regulated commercial aircraft, or enter a 

nuclear power plant 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 

rule recognizes these concerns and 

provides 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. This rule 

demonstrates that the Government is 

preparing for and planning to begin 

enforcement 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 

realize and anticipate consequences for 

presenting a non-compliant DL/ID. At 

the same time, the rule is intended to 

allow a transition to full enforcement 

that mitigates the potential negative 

impact to agencies and the public if 

every agency was required to begin full 

enforcement immediately on the cardbased 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/IDs, and the resulting 

concerns Federal agencies may have, the 

rule provides important flexibility to 

agencies to ensure a smooth transition 

to card-based enforcement. The 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 an immediate 

transition to full enforcement.8

B. Summary of the Major Provisions of 

the Regulatory Action 

Under the REAL ID regulations, 

Federal agencies may not accept noncompliant DL/IDs for REAL ID official 

purposes on and after the card-based 

enforcement of May 7, 2025. Under this 

rule, Federal agencies are still required 

to commence REAL ID card-based 

enforcement on May 7, 2025. However, 

this rule provides agencies, for a period 

of up to 2 years, the flexibility to 

implement a phased approach to cardbased enforcement, after considering 

relevant factors including security, 

operational feasibility, and impact to the 

public. The rule provides 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 rule 

requires 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 rule requires 

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 rule’s preamble provides guidance 

to Federal agencies on types of phased 

enforcement plans that agencies may 

consider. 

C. Costs and Benefits 

As described in the notice of 

proposed rulemaking (NPRM) (89 FR 

74137, September 12, 2024) and 

discussed below, DHS estimates the cost 

of the rule, over 2 years, is $1.73 million 

undiscounted and $1.70 million 

discounted at 2 percent. DHS, as the 

agency administering the REAL ID 

program, and other Federal agencies 

will largely bear the cost of the rule 

related to facilitating phased 

enforcement while benefits include 

flexibility to Federal agencies that may 

reduce operational disruptions as well 

as to States and individuals associated 

with additional time to obtain and 

process REAL IDs. 

Specifically, DHS will incur costs to 

coordinate with Federal agencies on 

their phased enforcement plans and 

provide guidance on phased 

enforcement. DHS estimates the 2-year 

cost to DHS is $0.033 million 

undiscounted and $0.031 million 

discounted at 2 percent. Federal 

agencies will incur costs to familiarize 

themselves with the rule, assess 

whether to implement a phased 

enforcement plan, and if so, develop a 

plan. DHS estimates the 2-year cost to 

Federal agencies is $1.70 million 

undiscounted and $1.67 million 

discounted at 2 percent. 

DHS also identifies other nonquantified costs that affected parties 

may incur. A portion of the benefits 

associated with the REAL ID rule will be 

delayed as a result of agencies 

implementing a phased approach, with 

the full security benefit not realized 

until full enforcement occurs. Federal 

agencies will also incur costs related to 

phased enforcement plan 

implementation which may include 

training personnel on the policies of the 

plan and efforts to inform the public of 

the new identity verification policies 

related to plans. Individuals may also 

incur costs to become aware of phased 

enforcement plans and respond 

accordingly. 

DHS identifies various non-quantified 

benefits associated with the final rule. 

Federal agencies will have flexibility to 

enforce the REAL ID card-based 

regulations in a phased manner that 

may reduce security vulnerabilities, 

operational disruption and public 

impact but will not unnecessarily delay 

REAL ID enforcement for those Federal 

agencies ready to fully implement on 

the card-based enforcement deadline. A 

phased approach will also allow 

individuals more time to obtain a REAL 

ID-compliant DL/ID, reduce potential 

queuing and associated delays at access 

points, and may help mitigate potential 

application backlogs at State licensing 

agencies. 


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9Emergency 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). 

10 Id. at section 201. 

11See 73 FR 5272 (Jan. 29, 2008) (codified as 

amended at 6 CFR part 37). 

12 6 CFR 37.51(a) and 37.5. 

13 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). 

Additional background related to extensions of 

card-based deadline as a result of the COVID–19 

pandemic is provided in the Notice of Proposed 

Rulemaking. 89 FR 74137. 

14Under the REAL ID Act and regulations, States 

may also issue noncompliant licenses and 

identification cards, which will not be acceptable 

by Federal agencies for official purposes after the 

card-based deadline. 6 CFR 37.71; REAL ID Act sec. 

202(d)(11). The REAL ID regulations authorize, but 

do not require, Federal agencies to accept these 

noncompliant cards until card-based enforcement 

begins. 6 CFR 37.5(c). 

15 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. While REAL ID issuance data through 

October 2024 is available, based on the most recent 

data, DHS expects the percentage of REAL IDs by 

the card-based enforcement date to be on par with 

the forecasts presented in the NPRM. As a result, 

the regulatory analyses (section V(b)(2)(d) Adoption 

of REAL ID-Compliant DL/IDs) maintains the values 

used in the NPRM which DHS published in 

September 2024. 

16Additional background regarding DHS’ efforts 

to support implementation of the REAL ID Act and 

factors impacting the pace of REAL ID adoption, 

including the effect of the COVID–19 pandemic, is 

provided in the Notice of Proposed Rulemaking. 89 

FR 74137. 

17Over the 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 16 months 

between January 2024 and May 2025 to forecast the 

percentage of REAL IDs in circulation by May 2025, 

relative to all DL/IDs in circulation. 

18See 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). 

19 89 FR 74137. 

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

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

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

II. Background 

A. Statutory and Regulatory History 

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.9 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.10

On January 29, 2008, DHS published 

a final rule implementing the REAL ID 

Act’s requirements (2008 Final Rule).11

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.12 DHS refers to these 

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

Under the REAL ID regulations, cardbased enforcement begins on May 7, 

2025.13 On and after this date, Federal 

agencies may not accept for official 

purposes a DL/ID issued by a State 

unless that DL/ID was issued in 

accordance with the REAL ID standards 

by a REAL ID-compliant jurisdiction.14

B. Phased Enforcement Rulemaking 

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/IDs, which represents 

approximately 56 percent of the 

population possessing a State-issued 

DL/ID.15 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.16

Further, the national adoption rate as of 

January 2024, stands at approximately 

0.56 percent per month. As detailed in 

the regulatory analyses (section 

IV(b)(2)(e) Adoption of REAL IDCompliant DL/IDs) DHS estimates that 

only about 61.2 percent of DL/IDs in 

circulation will be REAL ID-compliant 

by the card-based enforcement deadline 

of May 7, 2025.17

Even taking these estimates into 

account, DHS believes that beginning 

card-based 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.18 Beginning cardbased enforcement will mark an 

important step towards full realization 

of these increased security standards. 

However, DHS recognizes that for some 

agencies, an immediate transition to full 

enforcement may not be appropriate. On 

September 12, 2024, DHS published an 

NPRM that proposed explicitly 

permitting agencies to implement cardbased enforcement in phases if an 

agency determines that a phased 

approach is appropriate after 

considering relevant factors.19

C. Broad DHS Approach 

This rulemaking represents one aspect 

of DHS’ broad approach towards 

transitioning to enforcement of the 

REAL ID requirements on May 7, 2025. 

Although this rule is critical to 

providing agencies with the necessary 

flexibility to ensure a smooth transition 

to full card-based enforcement, DHS is 

also 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,20 and 

communication with the travel industry. 

This rule, in combination with these 

other efforts, lays the necessary 

foundation for transitioning the nation 

to enforcement of REAL ID requirements 

on May 7, 2025. 

III. General Discussion of the 

Rulemaking 

A. Rulemaking Objectives 

DHS is issuing this rule in recognition 

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 

noncompliant DL/IDs for Federal 

official purposes when enforcement 

begins on May 7, 2025. Further, the 

population-wide adoption rate likely 

will 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 also 

is likely to differ across geographic areas 

with certain regions having relatively 

higher or lower concentrations of 

individuals without a REAL IDcompliant DL/ID. 

This rulemaking acknowledges the 

possible risks to Federal agencies and 

potential public impact should a 

significant number of individuals seek 

to use non-REAL ID-compliant DL/IDs 

for REAL ID official purposes when 

enforcement begins on May 7, 2025. In 


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21Although 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. Other Federal agencies may also 

accept identification in addition to REAL IDcompliant DL/IDs. 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. 

22Supra note 15. 

23Beginning 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. State-based enforcement 

concluded with the final phase, boarding federally 

regulated commercial aircraft, going into effect in 

2018. 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. 

24For 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). 

some cases, a sudden transition to full 

enforcement 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. In the example of 

TSA, if large numbers of individuals 

arrived at an airport security checkpoint 

with noncompliant DL/IDs,21 they will 

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 greatly 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. DHS 

anticipates that other Federal agencies 

may also experience a negative impact 

if they begin full enforcement on May 7, 

2025. 

Given that approximately 56 percent 

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

current adoption rates, and DHS’ 

estimate that 61.2 percent of REAL IDs, 

relative to all DL/IDs in circulation, will 

be REAL ID-compliant by May 7, 2025, 

there is a real possibility of disruptions 

like those described above could occur 

if all agencies begin full enforcement on 

the deadline.22 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 ID-compliant DL/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-compliant DL/ID seek to travel. 

DHS anticipates that other agencies that 

operate facilities nationwide or 

experience substantial 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 IDcompliant DL/ID on May 7, 2025, this 

rule provides Federal agencies 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. The 

ability to implement the card-based 

requirements under a phased approach, 

for a 2-year period, allows Federal 

agencies to start card-based enforcement 

in a manner that limits 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 will 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.23

DHS’ approach to State-based 

enforcement demonstrated that phased 

enforcement can be effective in 

achieving compliance with REAL ID 

requirements. This rule provides 

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 in particular 

circumstances. This flexibility allows 

agencies to begin card-based 

enforcement as part of a measured, 

responsible, and achievable plan 

leading to full enforcement of the REAL 

ID regulations. 

Providing agencies the flexibility to 

begin enforcement using a phased 

approach may also facilitate increased 

adoption of REAL ID-compliant DL/IDs. 

DHS anticipates that agencies 

announcing concrete plans for 

beginning enforcement on May 7, 2025, 

will demonstrate that the deadline is not 

being extended and will likely 

incentivize individuals to obtain a 

REAL ID-compliant DL/ID. An agency’s 

specific enforcement phase may also 

encourage increased adoption. For 

example, agencies may choose to issue 

a written or verbal warning the first time 

an individual attempts to use their noncompliant DL/ID after the May 7, 2025, 

enforcement deadline, letting that 

individual know they will be denied 

entry if they attempt to use their noncompliant card at that location another 

time. Individualized warnings like this 

may be more effective at encouraging 

compliance than broad public 

messaging. 

Finally, increased demand leading up 

to and after the deadline may outpace 

the ability of licensing jurisdictions to 

meet that demand. During DHS’ 

engagement with States in preparation 

for the beginning of card-based 

enforcement, some States have 

expressed concern with ability to meet 

potential demand.24 Allowing agencies 

to use a phased approach may also 

provide licensing jurisdictions the 

opportunity to make adjustments to 

alleviate potential backlogs. 

B. Summary of Regulatory Provisions 

1. Agency Determination in 

Consideration of Relevant Factors 

This rule permits agencies to make a 

determination that phased enforcement 

is appropriate, in consideration of 

relevant factors including security, 

operational feasibility, and public 

impact. The rule recognizes that 

individual Federal agencies are in the 

best position to determine how to 

ensure successful implementation of the 

REAL ID requirements within their own 

unique operational contexts. It allows 

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 


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25The requirements of the REAL ID Act and 

regulations specifically apply to Federal agencies 

accepting DL/IDs for official purposes. As such, the 

official purpose of boarding a federally regulated 

commercial aircraft is primarily operationalized at 

the TSA security checkpoint rather than at an 

airport departure gate where passengers physically 

board commercial aircraft. 

26See 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 October 9, 2024). 

27See 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 October 9, 2024). 

28More detailed discussion of these options is 

provided in section D. below. 

risks of immediately transitioning to full 

enforcement on May 7, 2025. 

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 addition to these factors, 

agencies may consider other factors they 

deem relevant and necessary to make 

their determination. 

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 weighs 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 25 creating 

soft targets for terrorists or violent 

extremists.26 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 

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 general public that 

necessitate individuals seeking to access 

Federal facilities to present proof of 

identity for entry. In other 

circumstances, 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 large 

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 

for 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. 

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.27 Card-based enforcement 

does not impact access to Federal 

facilities that do not require 

identification (for example, public areas 

of the Smithsonian museums). Cardbased enforcement also does 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 carry out that function. 

DHS anticipates that 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 

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, this 

rule maintains the current regulatory 

default of an immediate transition to 

full enforcement. Agencies that 

determine that commencing full cardbased enforcement on May 7, 2025, is 

not appropriate after considering the 

relevant factors, may utilize a phased 

approach. A phased approach would 

allow them to facilitate continued 

secure and orderly operations and 

minimize impacts to the public while 

implementing enforcement phases that 

lead to full enforcement. This flexibility 

allows 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. 

2. Coordination of Phased Enforcement 

Plans With DHS 

Should an agency determine that 

phased enforcement is appropriate, DHS 

also recognizes that the individual 

agency is best positioned to structure its 

enforcement plan to account for its 

particular operational setting. The rule 

therefore allows agencies to develop 

individual phased enforcement plans 

best suited for specific contexts. 

Although this 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.28

For example, agencies’ plans may 

include an initial phase during which 

warning notices are issued and/or a 

phase involving progressive 

enforcement measures—such as a 

‘‘three-strikes’’ system or other 

methods—that enable agencies to begin 


khammond on DSK9W7S144PROD with RULES4
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 3477 

29 49 U.S.C. 30301 note; 73 FR 5271. 

30On 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. 

31https://www.dhs.gov/real-id. 32 Id. 

33Throughout this rule DHS uses ‘‘DMV’’ to 

generally refer to licensing jurisdictions’ motor 

vehicle licensing agencies. 

34The 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. 

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 grants DHS authority 

to implement the Act’s requirements.29

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. It also maintains DHS 

oversight of successful implementation 

of the Act and regulatory requirements. 

Agencies seeking to use a phased 

enforcement plan are required to 

coordinate with DHS through the TSA 

REAL ID Program Office.30

DHS strongly encourages agencies to 

make a determination of 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 

while agencies may seek to begin full 

enforcement on the deadline, they may 

encounter unanticipated challenges. 

Similarly, agencies that developed a 

phased enforcement plan may 

encounter or have 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.31

3. Public Notice 

DHS acknowledges the potential for 

some confusion resulting from the 

possibility of agencies implementing 

phased enforcement plans that vary 

across agencies. The 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 32 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. 

4. Two-Year Phased Enforcement Period 

Under the rule, 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 

increase in demand may challenge the 

capacity of licensing jurisdictions and 

may create backlogs in issuance of 

REAL ID-compliant cards. The 2-year 

window during which agencies may 

implement enforcement in phases is 

designed, in part, to provide States 

additional time to meet increases in 

demand for REAL ID-compliant cards. 

Agencies that 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 also considered setting the 

maximum phased enforcement period 

for other durations between at 1 and 5 

years. DHS chose 2 years as the 

maximum 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’ phased enforcement plans to 

incentivize greater adoption rates, limit 

negative enforcement impacts (where 

appropriate), and provide States time to 

meet increased demand. 

DHS believes that a 1-year timeframe 

may not provide agencies sufficient 

flexibility to develop a phased 

enforcement plan with a long enough 

duration time to leverage the anticipated 

effects of phased enforcement, reflected 

in increased 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). If agencies were limited to 

a 1-year phased enforcement period, 

they would not be able to design a plan 

that would account for individuals who 

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

1-year period—possibly through a 

warning notice as part of an agency’s 

phased enforcement plan—and who 

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 

Departments of Motor Vehicles 

(DMVs),33 1 year may not be sufficient 

time for States to make any necessary 

adjustments to process potential 

backlogs. Although a 1-year phased 

enforcement period would provide a 

shorter delay in obtaining the full 

security benefits of REAL ID,34 DHS 

believes it may not provide a long 

enough period for agencies to leverage 

the effects of phased enforcement as 

individuals and States both apprehend 

the need for action as a result of cardbased enforcement and take the 

necessary actions. 

DHS did not select 3, 4, or 5 years 

because DHS believes a maximum time 

period longer than 2 years would 

unduly delay the security benefits of 

REAL ID and is unlikely to provide the 

same incentive for individuals to 

prioritize obtaining a complaint DL/ID. 

DHS believes that 2 years after the cardbased enforcement deadline strikes the 

appropriate balance and provides 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 


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3478 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

35For 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. 36Supra note 17. 

discourage individuals and States from 

prioritizing necessary action. 

5. Acceptance of Noncompliant Marked 

DL/IDs 

Finally, to avoid any confusion about 

the ability of Federal agencies to 

continue to accept noncompliant 

marked DL/IDs issued under § 37.71, the 

rule clarifies 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.35 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. 

C. Maintaining the May 7, 2025, CardBased Enforcement Deadline 

During the development of this rule, 

DHS also considered further extending 

the REAL ID card-based enforcement 

deadline to allow for more time for the 

adoption rate to increase. However, 

based on DHS’ observation of public 

behavior following prior extensions, 

DHS has concluded that many 

individuals will continue to delay 

obtaining a REAL ID in part due to a 

perceived lack of need. DHS believes 

that maintaining the deadline of May 7, 

2025, while providing agencies the 

flexibility to implement the 

requirements through a phased 

enforcement plan where appropriate, 

will allow for a faster and smoother 

transition to full card-based 

enforcement than another extension of 

the deadline. 

DHS prefers this rule’s approach 

rather than an extension for several 

reasons. By maintaining the current 

deadline, agencies that do not determine 

that phased enforcement is appropriate 

will immediately transition to full cardbased enforcement on May 7, 2025. This 

allows the security benefits of REAL ID 

to be fully realized in contexts where 

full enforcement is unlikely to create 

other security risks, interfere with 

operational feasibility, or disrupt public 

services. If DHS had extended the 

deadline, agencies that could have 

immediately transitioned to full 

enforcement on May 7, 2025, would 

likely have waited until the new 

deadline, delaying security benefits that 

were otherwise 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. 

Further, DHS believes that this 

rulemaking’s approach is likely to have 

a positive impact on the REAL ID 

adoption rate, while an extension would 

not have incentivized an increase in 

demand for REAL ID-compliant DL/IDs. 

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).36

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 this 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-compliant DL/ID. As a result, 

DHS believes that an extension of the 

card-based enforcement date would not 

have been an effective means of 

incentivizing changed behavior. 

Conversely, DHS expects that 

allowing agencies to enforce the May 7, 

2025, deadline through a phased 

approach will incentivize increased 

demand for REAL ID-compliant DL/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 cardbased deadline several months before 

the enforcement date, limiting the effect 

of urgency to obtain a compliant DL/ID 

related to the deadline. As the May 7, 

2025, deadline approaches, and DHS 

does not issue an extension, DHS 

expects individuals that were otherwise 

relying on another extension will obtain 

a compliant DL/ID. This rule 

demonstrates that DHS is planning for 

enforcement to begin on May 7, 2025, 

and not extending the deadline. DHS 

expects that as this becomes apparent to 

the public, more individuals will 

prioritize obtaining a REAL 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-compliant DL/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. A 

phased approach will in turn lessen the 

likelihood of disruption when agencies 

transition to full enforcement because 

the individuals who most often use 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 REAL IDcompliant DL/ID. 

D. Phased Enforcement Guidance 

Under this rule, agencies 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 

card-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. It will also allow DHS to serve 

in a liaison role between agencies where 

there may be overlapping equities. 

During the coordination process, DHS 

will 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 requirements in this rule, they 


khammond on DSK9W7S144PROD with RULES4
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 3479 

37As an example, the NPRM discussed DHS’ use 

of an Informed Compliance model to enforce the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users. See 

89 FR 74145. 

have broad discretion as to how they 

structure their plans. 

As guidance to Federal agencies and 

to promote consistency, DHS provides 

the below 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 to most 

agencies that decide to implement 

through a phased enforcement plan. 

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 noncompliant DL/ID for 

an official purpose on or after the cardbased 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 IDcompliant DL/ID, and what to expect if 

the individual presents a noncompliant 

DL/ID and no other acceptable form of 

identification in the future. 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.37

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 reliably identify the 

individual. This PII would need to be 

collected, maintained, and used in 

accordance with all applicable Federal 

guidelines and policy requirements 

related to collection of PII. This would 

likely require agencies to obtain an 

Office of Management and Budget 

(OMB)-approved Paperwork Reduction 

Act (PRA) information collection and 

prepare a Privacy Threshold Analysis, 

Privacy Impact Assessment, System of 

Records 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., record of transmittal). 

4. The agency may wish 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. 

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’’ or ‘‘warning’’ before 

incurring a subsequent ‘‘strike’’ or 

‘‘warning’’). 

Agencies would need to choose an 

appropriate time period during which 

individuals would continue to use their 

noncompliant DL/ID without it being 

treated as an additional instance of 

noncompliance (‘‘strike’’ or ‘‘warning’’). 

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. This may include 

language or consequences of subsequent 

notifications under this that progress in 

seriousness. For example, an agency 

may choose to permit access on the first 

two instances of noncompliance and 

deny access on the third (and any 

subsequent instance). 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 accepted by that 

agency for the REAL ID official purpose. 

The Federal agency would not accept 

the individuals noncompliant DL/ID at 

that time and on all future instances 

unless the individual obtains a REAL ID 


khammond on DSK9W7S144PROD with RULES4
3480 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

38 89 FR 74137. 

39The NPRM provided for a comment period of 

30 days. The Regulations.gov system was 

unavailable on October 12th and 13th due to a 

planned outage, so the comment period closed on 

October 15th to provide the public with the full 30 

days to comment. 

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 only 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 

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 

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. Discussion of Comments 

DHS published the NPRM on 

September 12, 2024,38 and the deadline 

for public comments was October 15, 

2024.39 During the 30-day comment 

period, DHS received over 11,000 

comments on the NPRM. DHS carefully 

considered every comment received as 

part of the official record. DHS also 

received 103 comments submitted after 

the comment period closed. Although 

DHS did not consider comments 

submitted after the comment period 

closed, DHS determined that these 

comments were substantively similar to 

other comments received within the 

comment period and are addressed by 

DHS’ response to those comments. 

DHS received several comments 

suggesting that the 30 days provided for 

comment was not long enough. DHS 

considered these comments and 

determined not to extend the comment 

period for the NPRM. As discussed 

above, under the REAL ID regulations, 

Federal agencies may only accept 

compliant State-issued DL/IDs for 

official purposes beginning on May 7, 

2025, which at the time of publication, 

is less than 6 months away. Given the 

importance of providing clarity for 

Federal agencies and to the public on 

agencies’ authority to implement cardbased enforcement through a phased 

approach, extending the comment 

period beyond 30 days would delay 

issuance of this final rule, thereby 

depriving Federal agencies certainty and 

valuable time as they plan to begin cardbased enforcement. Further, suggestions 

that a longer comment period would be 

appropriate did not articulate any 

particular reason why the 30-day 

comment period was insufficient, and 

instead provided generalized statements 

that additional time would allow for 

greater public awareness. Moreover, the 

regulatory changes made by this rule are 

not overly complex, and DHS believes 

that 30 days provided sufficient time for 

the public to provide meaningful 

comments. 

A. General Opposition to REAL ID 

Comments: Many commenters 

expressed general opposition to the 

requirements of the REAL ID Act and 

implementing regulations. Several 

commenters asserted that the REAL ID 

Act and implementing regulations are 

generally unconstitutional, including 

under the 1st (individual freedoms), 4th 

(search and seizure), 5th (criminal 

procedures), 6th (criminal procedures), 

7th (jury trial), 9th (rights not 

enumerated), 10th (rights reserved to 

states or people), and 14th (due process 

and equal protection) amendments to 

the U.S. Constitution. In making these 

claims, commenters asserted that the 


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40 49 U.S.C. 30301 note. 

41Title X of Division U of the Consolidated 

Appropriations Act, 2021, Public Law 116–260, 134 

Stat. 2304. 

42Sec. 205(a) of the REAL ID Act. 

43 49 U.S.C. 30301 note, section 202(a)(1). 

REAL ID Act and regulations violate 

privacy or put personal information at 

risk, including by establishing a 

national ID or social credit reporting 

system; mandating a digital ID, 

collecting biometrics unlawfully; 

intruding on citizens privacy and 

facilitating government surveillance; 

creating a vast collection of sensitive 

personal data that makes citizens more 

vulnerable to identity theft; or allowing 

for sharing of individuals’ information 

with foreign governments and 

international organizations. Other 

comments asserted that the REAL ID Act 

and regulations interfere with a 

constitutionally protected right to 

interstate travel. Some commenters 

asserted that the REAL ID Act and 

implementing regulations are 

unauthorized, including claims that 

they exceed the Federal government’s 

statutory jurisdiction; create a system 

whereby the Secretary of DHS has 

unilateral authority to add new official 

purposes and curtail constitutional 

rights; waste taxpayer money; or 

constitute Government overreach. 

Regarding the impact on States, 

commenters asserted that the REAL ID 

Act and regulations are inconsistent 

with State authority, including by 

encroaching on state sovereignty; 

undermining principles of federalism; 

imposing significant costs on States, 

which would require increased Federal 

funding and technical support; and 

imposing these costs as an unfunded 

mandate on states. 

Commenters also state that the REAL 

ID Act and regulations negatively affect 

individuals by burdening certain 

populations unjustly, including noncitizens, who may not have sufficient 

documentation to obtain a REAL ID, 

which would thereby limit their access 

to essential services and travel; by 

constituting a significant financial 

burden to obtain a REAL ID-compliant 

DL/ID; or by imposing an undue burden 

on individuals that have changed their 

name (for example, in relation to 

marriage or divorce). Additionally, 

commenters suggested that indefinite 

phased enforcement be used to nullify 

the REAL ID act and regulations, or that 

the phased enforcement rule be revised 

to instead provide an individual opt-out 

mechanism from the REAL ID 

requirements. Finally, commenters 

assert that the REAL ID Act and 

implementing regulations are outdated, 

do not actually provide increased 

security benefits, and will not make the 

nation safer. On a related issue, several 

commenters raised concerns that DHS 

takes for granted that DHS has certified 

all 56 licensing jurisdictions when, in 

the commenter’s view, all DHS 

certifications erroneously determine the 

states to comply; and that the 

rulemaking will result in inconsistent 

DL/ID issuance procedures across the 

states. 

DHS response: DHS appreciates the 

many comments received regarding the 

REAL ID Act and regulations. Although 

these concerns are sometimes 

represented as directed at the current 

rulemaking, DHS did not propose 

substantive amendments to the REAL ID 

requirements, and comments expressing 

opposition to those underlying 

requirements or their implementation 

by current State implemented REAL ID 

issuance processes are outside of the 

scope of this rulemaking. Congress 

passed the REAL ID Act in 2005, 

enacting the 9/11 Commission’s 

recommendation that the Federal 

government set minimum standards for 

the issuance of sources of identification, 

such as drivers’ licenses, and charged 

DHS with implementing the statutory 

requirements.40 DHS went through 

notice and comment rulemaking and 

published a final rule on January 29, 

2008, implementing the REAL ID Act’s 

requirements. In 2020, Congress 

reaffirmed its commitment to REAL ID 

by passing the REAL ID Modernization 

Act, which updated certain provisions 

of the original statutory language.41 The 

Phased Enforcement NPRM did not 

propose changes to the existing 

regulatory requirements that provide the 

substantive standards for REAL ID 

issuance. Under the REAL ID 

regulations card-based enforcement 

begins on May 7, 2025. This rule only 

modifies provisions related to the 

enforcement deadline to provide 

Federal agencies with the flexibility to 

implement card-based enforcement 

through a phased enforcement plan 

where appropriate. This final rule does 

not alter any of the substantive 

requirements of the REAL ID regulations 

and only amends the provisions related 

to the deadline for card-based 

enforcement. As DHS did not propose 

substantive amendments to REAL ID 

requirements, comments expressing 

opposition to those underlying 

requirements are outside the scope of 

this rulemaking. 

B. Legal Authority 

Comments: Some commenters stated 

that the REAL ID Act does not provide 

authority for this rulemaking. Another 

commenter expressed the view that the 

flexibility provided by this rule 

constitutes an improper delegation of 

authority to DHS components and other 

agencies and exceeds DHS’ authority 

under the REAL ID Act. The commenter 

suggests that, through this rule, DHS is 

redelegating its regulatory authority to 

other agencies. The commenter noted 

that instead of setting standards for the 

acceptance of IDs, this rule allows 

agencies to make decentralized and 

nonstandard determinations regarding 

the acceptance or rejection of 

noncompliant DL/IDs. Additionally, the 

commenter stated that agencies’ phased 

enforcement plans, themselves, would 

constitute Federal regulations. 

DHS response: DHS disagrees that the 

REAL ID Act does not provide authority 

for this rulemaking, as the statute 

explicitly authorizes DHS to promulgate 

regulations to implement the Act’s 

requirements. Section 205 of the REAL 

ID Act provides that ‘‘[a]ll authority to 

issue regulations . . . shall be carried 

out by the Secretary.’’ 42 In issuing this 

rule, DHS is exercising its rulemaking 

authority to implement the REAL ID 

requirements in consideration of 

Federal agencies’ authority to make 

agency-specific decisions about 

enforcement actions affecting 

individuals presenting DL/IDs which 

are not compliant with the READ ID Act 

and regulations.43 Under the REAL ID 

Act and regulations, all agencies are still 

required to begin card-based 

enforcement on May 7, 2025, but the 

rule provides a formal structure under 

which agencies may flexibly exercise 

their existing enforcement authority. 

The rule clarifies and reinforces that the 

general principles underpinning 

agencies’ enforcement authority apply 

to the prohibition on Federal agency 

‘‘acceptance’’ of noncompliant DL/IDs. 

DHS further disagrees with the 

position that this rule inappropriately 

delegates rulemaking authority to other 

agencies. This rule does not provide 

agencies with any authority or 

discretion to modify the substantive 

requirements of the REAL ID 

regulations. Agencies’ phased 

enforcement plans cannot alter the 

standards that govern whether a DL/ID 

is REAL ID-compliant. DHS also 

disagrees with the notion that REAL ID 

authority was provided solely to DHS, 

and that agencies’ phased enforcement 

plans constitute regulations. Although 

the REAL ID Act generally granted DHS 

authority to implement the Act’s 

provisions, Congress vested the 

authority to enforce acceptance of REAL 

ID-compliant DL/IDs with each 


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3482 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

44 49 U.S.C. 30301 note, section 202(a)(1), 

‘‘Beginning 3 years after the date of the enactment 

of this division, a Federal agency may not accept, 

for any official purpose, a driver’s license or 

identification card issued by a State to any person 

unless the State is meeting the requirements of this 

section’’ (emphasis added). 

45 6 CFR 37.5(b). 46Supra III.C. 

individual agency.44 This rule 

acknowledges the statutory authority of 

other agencies to enforce acceptance of 

REAL ID-compliant DL/IDs in matters 

under their purview. The rule enhances 

agencies’ existing enforcement authority 

by explicitly providing temporary, 

limited flexibility for agencies to begin 

card-based enforcement in a manner 

that takes into account relevant factors, 

allowing agencies to more smoothly 

transition to full card-based 

enforcement. The rule also provides 

DHS oversight of phased enforcement 

plans by requiring agencies to 

coordinate such plans with DHS, which 

mitigates the commenter’s concern by 

allowing DHS to ensure that plans 

advance the objectives of the REAL ID 

regulations and maintain consistent 

progress towards full enforcement and 

to ensure consistency, as appropriate. 

Comments: One commenter stated 

that this rule purports to impose a new 

ID requirement for airline passengers 

because it implies that passengers who 

do not present a REAL ID-compliant DL/ 

ID or acceptable alternative would not 

be able to board federally regulated 

commercial aircraft. 

DHS response: This rule only relates 

to Federal agency, including TSA, 

acceptance of State-issued DL/IDs for 

defined REAL ID official purposes. 

Boarding federally regulated 

commercial aircraft is an official 

purpose under the REAL ID Act and 

regulations. Upon full card-based 

enforcement, TSA may not accept 

noncompliant State-issued DL/IDs at 

security screening checkpoints for the 

purpose of boarding federally regulated 

commercial aircraft.45 This rule does not 

otherwise effect TSA’s policies related 

to acceptable forms of identification and 

identity verification. 

C. General Support for the Rulemaking 

Comments: Several commenters 

expressed general support for the 

proposed rule. Commenters wrote that 

they agreed that a phased roll out was 

a necessary step to begin enforcement 

and that this approach is a blend of 

practicality and foresight that benefits 

everyone. One commenter noted that 

the rule balances the purpose of the 

REAL ID Act and regulations with 

practical considerations. The 

commenter stated that by allowing 

agencies to gradually implement 

enforcement, the rule may alleviate 

potential disruptions at airports and 

Federal facilities. Other commenters 

noted that allowing agencies to use a 

phased enforcement plan is a practical 

and thoughtful approach that will 

ensure security while giving agencies 

the opportunity to address challenges 

associated with enforcement. Another 

commenter shared that this approach 

allows some agencies to quickly 

transition to full enforcement where 

they do not anticipate challenges while 

allowing other agencies flexibility to 

make necessary plans to enforce the 

requirements efficiently. 

DHS response: DHS agrees with these 

comments and believes that this rule 

provides appropriate flexibility that will 

enable Federal agencies to help ease the 

transition to full implementation of the 

card-based enforcement provisions of 

the REAL ID regulations. DHS believes 

this rule appropriately balances the 

security benefits that card-based 

enforcement provides with the negative 

effects that some Federal agencies may 

experience if they were to immediately 

transition to full enforcement on May 7, 

2025. 

D. Immediate Transition to Full 

Enforcement 

Comments: Several commenters 

expressed opposition to agencies using 

a phased approach and any delay to full 

card-based enforcement. Commenters 

pointed to a number of reasons 

supporting the position that full 

enforcement should begin on May 7, 

2025, including: that the public has had 

ample time to obtain REAL IDcompliant DL/IDs; that agencies have 

had twenty years to determine how to 

enforce REAL ID; and that allowing 

phased enforcement will serve as a 

disincentive to adoption if the public 

delays obtaining a REAL ID because 

they either (1) expect agencies to use a 

phased approach and not enforce 

immediately or (2) simply perceive this 

as an extension of the deadline; and that 

many individuals can provide 

alternative, acceptable identification, 

such as passports to reduce operational 

impacts. Commenters also noted that 

REAL ID requirements help protect the 

aviation transportation system and that 

phased enforcement would delay the 

security benefits of card-based 

enforcement. One commenter stated 

DHS’ estimate that only 4 percent of 

agencies may determine that a phased 

enforcement plan is appropriate implies 

that the rule is unnecessary. Yet another 

commenter suggested that in lieu of a 

regulation allowing phased 

enforcement, DHS should conduct a 

public awareness campaign to inform 

the public about the card-based 

enforcement deadline and to understand 

to what degree individuals are aware of 

REAL ID. 

DHS response: DHS considered not 

issuing this rule and allowing cardbased enforcement to begin across all 

Federal agencies as an alternative and 

agrees with the comments about the 

important security benefits that REAL 

ID provides. However, DHS believes 

that providing agencies flexibility to 

consider relevant factors and make a 

determination to, in some cases, begin 

implementation through phased 

enforcement will facilitate a smoother 

transition to full card-based 

enforcement and mitigate potential risks 

associated with an immediate transition 

across all agencies. 

Given the current number of DL/IDs 

that are non-compliant, DHS anticipates 

that a significant number of individuals 

seeking to use their DL/ID for a REAL 

ID official purpose on and after May 7, 

2025, may not have a REAL IDcompliant DL/ID. DHS delayed 

implementation of the REAL ID 

deadline for a number of years to allow 

for more individuals to obtain REAL–ID 

compliant DL/ID. Despite the Federal 

government’s years of preparation for 

REAL ID, the adoption rate remains low 

and instances of individuals seeking to 

use a noncompliant DL/ID for a defined 

official purpose may occur on a large 

scale, raising concerns related to 

security, agency operations, and 

potential impact to the public. In 

contexts where agency operations 

involve large numbers of individuals 

presenting DL/IDs for REAL ID official 

purposes or where agencies have 

limited capacity to conduct identity 

verification processes where REAL ID is 

required, this may result in longer lines, 

general delays, confusion, and 

frustration. Disruptions to agency 

operations caused by large numbers of 

individuals attempting to use 

noncompliant DL/IDs are also likely to 

have broader effects and impact 

individuals who bring a valid form of 

identification. Such disruptions pose 

potential security risks at access points 

to TSA security checkpoints or other 

Federal facilities. DHS believes that the 

potential risks an immediate transition 

to full enforcement would cause for 

some agencies will be mitigated by the 

flexibility provided by phased 

enforcement. 

In addition, some commenters may 

have misunderstood this rule as an 

extension of the card-based deadline 

until May 5, 2027. As explained 

above,46 this rule is not an extension of 


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47Supra III.C. 

the deadline. The rule maintains an 

immediate transition to full enforcement 

on May 7, 2025, for those agencies that 

do not determine that a phased 

approach to enforcement is appropriate. 

Recognizing the security benefits 

provided by REAL ID, this rule provides 

an enforcement approach that allows 

agencies to realize security gains in 

contexts where a swift transition to full 

enforcement poses little risk, while 

reducing the risks in contexts where 

large numbers of individuals seeking to 

use noncompliant DL/IDs raises serious 

concerns. Under this rule, agencies must 

specifically consider security when 

determining whether a phased 

enforcement plan is appropriate. DHS 

anticipates that for many agencies, 

phased enforcement will not be 

appropriate where the benefits of 

beginning full card-based enforcement 

on May 7, 2025, outweigh the other 

factors and benefits of phased 

enforcement. A phased approach will be 

more likely for those agencies where 

potential risks related to security, 

operational feasibility, and public 

impact strongly weigh in favor of and 

support implementing a phased 

enforcement plan. In this way, the rule 

appropriately balances obtaining the 

security benefits of REAL ID with the 

need to mitigate potential risks. 

DHS also does not agree that allowing 

agencies to enforce through a phased 

approach will disincentivize the public 

in obtaining a REAL ID-compliant DL/ 

ID. Rather, implementation of this rule 

and enforcing the regulatory deadline 

beginning May 7, 2025, will incentivize 

the public to obtain compliant DL/IDs 

while considering the need of some 

agencies to enforce through a phased 

approach to address security and public 

interest concerns. Beginning May 7, 

2025, DHS anticipates that many 

agencies will begin full enforcement, 

and not accept non-compliant DL/ID. 

Those agencies that choose to 

implement the regulatory deadline 

using a phased approach will decide the 

timeline and conditions appropriate for 

their agency to implement within the 2- 

year period. DHS expects the public to 

see the tangible results of attempting to 

use a non-compliant ID/ID for official 

purposes, either directly, through media 

coverage, or via DHS and agency public 

messaging, and decide to obtain a 

compliant DL/ID. 

DHS’ estimate that only 4 percent of 

agencies may ultimately determine that 

a phased enforcement plan is 

appropriate does not indicate that the 

rule is unnecessary. The frequency and 

volume of Federal agencies’ interactions 

with the public that may require 

presentation of a DL/ID for a REAL ID 

official purpose varies significantly. 

Based on its stakeholder engagements 

with Federal agencies, DHS believes 

that the vast majority of agencies do not 

handle a significant volume of 

individuals presenting DL/IDs for an 

official purpose under the REAL ID Act 

and regulation. However, other agencies 

(for example, TSA) encounter a much 

larger volume of individuals on a daily 

basis that must present an identification 

document for a REAL ID official 

purpose. Although DHS estimates that 

only 4 percent of agencies will make a 

determination to use a phased 

enforcement plan, this rule 

acknowledges that each individual 

agency is in the best position to 

consider the relevant factors and make 

a determination based on the agency’s 

own mission and operational context. 

DHS believes it is important for all 

agencies to have the flexibility provided 

by this rule as they prepare to begin 

card-based enforcement on May 7, 2025. 

Finally, DHS also appreciates the 

value of increasing public awareness of 

REAL ID requirements. TSA has 

undertaken efforts to conduct surveys 

on the public’s awareness of REAL ID 

and is engaged in public awareness 

campaigns through multiple media 

outlets. Given the modest changes to the 

REAL ID adoption rate over the past 

year notwithstanding DHS’ significant 

public outreach, DHS does not believe 

a public awareness campaign on its own 

would sufficiently increase the adoption 

rate of compliant DL/IDs by May 7, 

2025, to effectively mitigate the risks 

some agencies may face if they 

immediately transitioned to full 

enforcement. 

E. Extension of the Card-Based 

Enforcement Deadline 

Comments: Some commenters 

suggested that rather than beginning 

card-based enforcement on May 7, 2025, 

DHS should issue an extension of the 

card-based enforcement deadline. 

Commenters wrote that the deadline 

should be extended because of low rates 

of adoption of REAL ID-compliant DL/ 

IDs, the impact of the COVID–19 

pandemic on States’ ability to issue 

REAL ID-compliant DL/IDs, and a lack 

of public awareness. One commenter 

wrote that an extension of 2 or 3 years 

would be appropriate. Other 

commenters suggested that REAL ID 

enforcement should be extended for 5 

years, 7 years, 10 years or more. Some 

commenters stated that individuals had 

encountered challenges in obtaining a 

REAL ID due to complexity in meeting 

eligibility requirements or unequal 

access to DMVs due to physical distance 

from DMV locations, work schedules, 

and lack of transportation. Another 

commenter stated that REAL ID 

enforcement should not begin until the 

Federal government or State 

governments provide funding such that 

the cost of obtaining a REAL IDcomplaint DL/ID is not passed on to 

individuals. 

DHS response: DHS considered an 

extension to the card-based enforcement 

deadline but chose the approach 

provided by this rule for several 

reasons. As discussed above,47 DHS 

believes that maintaining the deadline 

of May 7, 2025, will continue to 

encourage REAL ID adoption whereas 

an extension of the deadline would 

reduce adoption incentives. Maintaining 

the deadline while providing agencies 

the flexibility of phased enforcement 

where appropriate will allow for a faster 

and smoother transition to full cardbased enforcement than another 

extension of the deadline. 

This approach maintains the current 

deadline, facilitating an immediate 

transition to full enforcement for 

agencies that do not determine phased 

enforcement is appropriate. In this way, 

the security benefits of REAL ID can be 

fully realized in contexts where full 

enforcement poses little risk of creating 

other security risks, interfering with 

operational feasibility, or disrupting 

public services. Further, DHS believes 

that this approach will encourage REAL 

ID adoption by maintaining the urgency 

to obtain a compliant DL/ID prior to the 

deadline and after the deadline, when 

individuals experience the 

consequences of card-based 

enforcement. As individuals learn that 

their noncompliant DL/ID can no longer 

be used for defined official purposes, 

they will be incentivized to obtain a 

REAL ID-compliant DL/ID. 

DHS appreciates concerns raised that 

an extension is necessary due to the 

current REAL ID adoption rate and the 

impact of COVID–19 to State’s ability to 

issue REAL ID-compliant IDs. DHS has 

previously issued a number of 

extensions to account for slow growth in 

the REAL ID adoption rate, as well as 

COVID–19 impact, however, even given 

these prior extensions the rate of REAL 

ID issuance remains low. To increase 

adoption and realize the benefits of the 

REAL ID Act, the REAL ID deadline 

must be enforced. DHS believes that 

maintaining the enforcement date along 

with measures encouraging adoption as 

part of phase enforcement plans will 

help increase adoption rates thereby 

providing the security benefits of REAL 

ID while also addressing concerns about 

low adoption rates and State’s ability to 


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3484 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

48https://www.dhs.gov/enhanced-driverslicenses-what-are-they. 

49 ‘‘Be Your REAL ID Self’’ Campaign Toolkits, 

https://www.dhs.gov/real-id/campaign-toolkits (last 

visited November 20, 2024). 

issue REAL ID-compliant IDs. 

Specifically, DHS recognizes that many 

individuals still do not have a 

compliant DL/ID, and beginning full 

enforcement on May 7, 2025, may not be 

practical for all Federal agencies. As 

such, the rule allows for agencies to 

determine, after considering relevant 

factors including security, operational 

feasibility, and public impact that they 

should implement the deadline through 

a phase approach. 

DHS does not agree that the date 

should be extended due to the lack of 

public awareness. DHS, in close 

coordination with States, airlines, 

airports, and other industry partners, 

has messaged the importance of 

obtaining a REAL ID-compliant DL/ID 

for a number of years. DHS believes that 

continued messaging alone will not 

result in a substantial increase in 

adoption rates. DHS believes that 

beginning enforcement, with the 

flexibility phased enforcement provides, 

will increase public awareness and 

increase REAL ID adoption rates more 

quickly than an extension of the 

deadline. 

DHS recognizes some individuals 

have encountered challenges in 

obtaining a REAL ID-compliant DL/ID 

due to an inability to meet eligibility 

requirements. DHS recommends that 

individuals contact their State licensing 

agency directly to determine if they are 

able to meet issuance requirements. In 

addition, many agencies allow for 

individuals to provide other acceptable 

forms of identification or allow 

individuals to proceed using alternative 

access control procedures. DHS 

recommends that individuals without a 

REAL ID-compliant ID contact the 

Federal agency in question to determine 

that agency’s unique access control 

requirements. 

DHS also does not agree that the 

deadline should be extended because of 

challenges that individuals may face in 

obtaining a REAL ID-compliant DL/ID 

due to unequal access to DMVs. DHS 

recognizes that some individuals may 

have a more difficult time traveling to 

a DMV to obtain a REAL ID-compliant 

DL/ID than others. However, to realize 

the security benefits of REAL ID, DHS 

believes that beginning card-based 

enforcement on May 7, 2025, is 

appropriate and that individuals will 

have had sufficient time to obtain a 

REAL ID-compliant DL/ID before that 

date. To the extent agencies implement 

card-based enforcement through phased 

enforcement plans, this rule may 

provide additional time after the 

deadline for individuals to obtain REAL 

ID-compliant DL/IDs. 

Finally, DHS disagrees with the 

comment that DHS should delay cardbased enforcement until Federal or State 

funding reduces the costs of obtaining a 

REAL ID compliant-DL/ID. Congress 

passed the REAL ID Act in 2005 and 

DHS issued a final rule implementing 

the Act’s requirements in 2008. The Act 

and regulations provide for the statutory 

and regulatory framework for REAL ID. 

Under this framework, neither Congress 

nor DHS set parameters on the cost to 

individuals to obtain a REAL IDcompliant DL/ID. Therefore, DHS 

believes enforcement of REAL ID 

requirements should not be tied to the 

cost of obtaining a REAL ID-compliant 

DL/ID. 

Comment: One commenter suggested 

extending the deadline because 

Washington state does not issue REAL 

ID DL/IDs. 

DHS response: The State of 

Washington issues Enhanced Driver’s 

Licenses (EDLs), which are designated 

as acceptable border-crossing 

documents by DHS under the Western 

Hemisphere Travel Initiative and are an 

acceptable form of identification for 

REAL ID official Federal purposes such 

as accessing a Federal facility or 

boarding a commercial aircraft. 

Michigan, Minnesota, New York, 

Vermont, and Washington are the only 

States that currently issue EDLs. For 

more information on EDLs, please visit 

the DHS website.48

F. Confusion Associated With Phased 

Enforcement Generally 

Comments: Multiple commenters 

stated that the REAL ID requirements, 

delays, and shifting deadlines were 

already confusing, and that a phased 

approach will only add more confusion 

and complexity. Some commenters 

noted that the proposed rule could 

cause confusion through inconsistent 

enforcement timelines across Federal 

agencies. Another commenter noted that 

DHS did not prescribe the form that 

agencies’ plans must take, claiming it 

would cause unspecified harm, which 

DHS assumes refers to confusion related 

to inconsistent enforcement plans across 

agencies. Other commenters also 

expressed concerns over public 

awareness of the proposed rule. These 

commenters suggested that a lack of 

public awareness could impede the 

effectiveness of the rule in encouraging 

REAL ID adoption, and result in 

demand surges at DMVs at the end of 

the phased enforcement period. 

There were also comments about 

public awareness of the REAL ID 

requirements and enforcement plans. 

Specifically, some commenters 

expressed concerns that people who do 

not fly often may not see postings by 

TSA and may not be aware of REAL ID 

requirements. Others who supported the 

rule emphasized the importance of an 

expansive public campaign. 

DHS response: DHS appreciates that 

some commenters are concerned that 

REAL ID messaging, to date, has been 

confusing, and that the phased 

implementation plans allowed through 

this rule could add to that confusion. To 

mitigate potential confusion regarding 

the REAL ID dates changes in the 

regulation, DHS has worked closely 

with States, industry and media 

partners to ensure the public was aware 

of the REAL ID extensions. DHS will 

continue its current messaging that the 

REAL ID deadline will not be extended 

past May 7, 2025, and that individuals 

should obtain a REAL ID-compliant ID, 

or other acceptable form of 

identification, as soon as possible. To 

ensure public visibility and reduce 

confusion regarding individual 

enforcement plans, agencies that 

implement card-based enforcement 

using a phased approach must make 

their plan publicly available on their 

web page. DHS must also make publicly 

available a list of agencies that have 

implemented a phased enforcement 

plan. Additionally, to prepare the public 

for REAL ID enforcement, DHS is 

conducting public awareness campaigns 

through internet, currently, and 

television and radio campaigns starting 

in 2025, which will continue through 

the card-based enforcement date. 

TSA’s REAL ID Program is also 

working closely with States and the 

travel industry to support efforts to raise 

awareness among their citizens and 

customers. This includes a media 

campaign ‘‘toolkit,’’ which provides 

stakeholders with digital, print, social 

media, and audio/video materials, that 

can be used by stakeholders in their 

own media campaigns.49 DHS has also 

collaborated with States and other 

stakeholders on media events designed 

to increase public awareness of the 

REAL ID deadline. DHS believes these 

public awareness efforts will help 

mitigate, but not eliminate, the risk of 

demand surges towards the end of the 

phased enforcement period. DHS 

believes that despite public awareness 

campaigns, many individuals will 

choose to wait until the last minute to 

obtain a REAL ID compliant-DL/ID, so it 

may not be possible to eliminate all risk 


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50Supra IV.D., IV.E. 51Supra III.D. 

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

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

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

of a demand surge. However, by 

targeting messaging at individuals more 

likely to need a compliant DL/ID (e.g., 

domestic commercial air travelers) 

media campaigns will likely encourage 

some individuals to obtain a compliant 

DL/ID, mitigating a potential surge 

approaching the deadline. 

DHS acknowledges that this rule 

could potentially create confusion due 

to the possibility of inconsistent 

enforcement timelines, with some 

agencies implementing full enforcement 

and other agencies implementing 

varying phased enforcement plans. The 

rule’s requirement that agencies post 

their plans publicly on their web page 

is intended to provide transparency and 

mitigate potential confusion. To the 

extent variation in enforcement across 

Federal agencies still results in some 

confusion, DHS believes that the 

approach offered by this rule will be 

more effective than other alternatives 

that may offer more straightforward 

messaging. Although immediately 

beginning full card-based enforcement 

across all agencies or extending the 

deadline for card-based compliance 

might present a simpler message to 

communicate to the public, as explained 

above in DHS’ response to other 

comments,50 DHS believes the approach 

provided in this rule will better enable 

a smooth transition to full card-based 

enforcement. DHS believes that the 

benefit of allowing enforcement to begin 

with the flexibility for phased 

enforcement, where appropriate, 

outweighs the risk of potential 

confusion, particularly with the 

mitigation through public 

communication. 

Finally, DHS acknowledges that a 

successful implementation of REAL ID 

enforcement relies on public awareness 

of the REAL ID requirements, upcoming 

deadline, and phased enforcement 

plans. For years, DHS has made 

significant efforts to raise public 

awareness of REAL ID enforcement, to 

include providing information at the 

TSA security checkpoint about the 

upcoming REAL ID deadline, and will 

continue to do so through May 7, 2025. 

To continue DHS’s commitment to 

transparency and public awareness 

regarding REAL ID requirements, as 

discussed below, this final rule requires 

agencies to post their phased 

enforcement plans, if they choose to use 

them, on their agency website. 

G. Public Availability of Agencies’ 

Phased Enforcement Plans 

Comment: One commenter expressed 

concern that online publication of 

agency phased enforcement plans may 

not provide sufficient public awareness 

or adequately prepare the public for 

what to expect when seeking to use a 

noncompliant DL/ID for a defined 

official purpose. The commenter 

suggested that agencies should also be 

required to maintain information 

regarding their phased enforcement 

plans on site at locations where 

individuals may need to use a DL/ID for 

a defined official purpose. 

DHS response: DHS appreciates this 

comment highlighting the importance of 

ensuring that information regarding 

agencies’ phased enforcement plans is 

available to the public. Given the scope 

of potential phased enforcement plans, 

which range from full enforcement to 

non-enforcement through the 2-year 

period, DHS does not believe it is 

appropriate to prescribe specific means 

by which the individual agency must 

inform members of the public about 

their plan, beyond the general 

requirement to make it publicly 

available on an agency website. One of 

DHS’ goals in requiring agencies to 

make their plans available on their 

websites is to allow individuals to 

prepare in advance of arriving at an 

agency location and seeking to use to a 

noncompliant DL/ID for a REAL ID 

official purpose. This requirement does 

not prevent agencies from also 

providing their plan, or information 

about their plan, ‘‘on-site’’ for 

individuals who arrive and seek to use 

a noncompliant DL/ID. 

As a component of the individual 

agency plan, that agency may choose to 

engage in a variety of outreach and 

engagement activities relevant to their 

specific goals; but imposition of general 

requirements in this rule cannot 

effectively account for the specific 

needs of the plan, variation in agency 

location and operations, and relevant 

audience. For example, in the informed 

compliance phased enforcement model 

described above,51 agencies could 

provide a notice to individuals 

presenting a noncompliant DL/ID. The 

notice could inform the individual that 

their DL/ID is noncompliant with REAL 

ID requirements and that they should 

contact their DMV for further 

information regarding obtaining a REAL 

ID-compliant DL/ID. The notice could 

also tell the individual what to expect 

if the individual presents a 

noncompliant DL/ID and no other 

acceptable form of identification in the 

future. 

As noted above, DHS is engaged in a 

layered approach to improve adoption, 

including 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,52 and 

communication with the travel industry. 

H. Length of Phased Enforcement Period 

Comments: Multiple commenters 

expressed support for a phased 

approach but highlighted concerns over 

the timeframe for the phased 

enforcement period. Some commenters 

believe a phased enforcement period of 

2 to 3 years is appropriate. Other 

commenters expressed that DHS did not 

provide sufficient data or evidence to 

support a 2-year phased enforcement 

period. One commenter states a 2-year 

period is not long enough based on 

adoption rates to date and the current 

proportion of DL/ID holders that have a 

REAL ID-compliant DL/ID. The 

commenter notes that 2 years might not 

allow for a significant increase in the 

proportion of REAL ID-compliant DL/ 

IDs and that Federal agencies may 

experience the same operational risks at 

the end of the 2-year enforcement 

period in the presence of significant 

REAL ID noncompliance. Another 

commenter noted that many individuals 

have obtained noncompliant marked 

DL/ID with validity periods of up to 8 

years, depending on the state, and that 

these individuals would need to visit a 

DMV in advance of the expiration of 

their current DL/ID in order to obtain a 

REAL ID-compliant DL/ID. This 

commenter suggested that DHS should, 

at a minimum, extend the phased 

enforcement period to 4 years, which 

would align with shortest validity 

period amongst most populous states. 

Still other commenters proposed that 

Federal agencies should be permitted to 

specify their own dates for achieving 

full enforcement, that the phased 

enforcement period should be 

indefinite, or that DHS consider future 

rulemaking to modify the phased 

enforcement period if necessary. 

DHS response: DHS appreciates the 

thoughtful comments it received 

regarding the appropriate length of the 

phased enforcement period. In 

determining the length of the phased 

enforcement period, DHS balanced 

factors supporting a shorter period of 

phased enforcement with those possibly 

warranting a longer period. In support 

of providing a shorter phased 

enforcement period, DHS seeks to 

reduce the delay in realizing the 


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53 73 FR 5272, 5322. 

54See infra table 5. DHS forecasts that the number 

of DL/IDs that are REAL ID-compliant may rise to 

83 percent by May 2027. 

security benefits associated with REAL 

ID, and additionally seeks to ensure that 

imminent enforcement provides a 

compelling rationale for members of the 

public to obtain a REAL ID-compliant 

DL/ID. In support of a longer phased 

enforcement period, DHS seeks to 

provide sufficient time for phased 

enforcement plans to exert an effect on 

public perception, to limit negative 

enforcement impacts on agency 

operations and the public, and to 

provide sufficient time for States to 

meet increased demand. DHS has 

balanced these factors to arrive at an up 

to 2-year period available for phased 

enforcement. The 2-year period allows 

agencies to develop plans that adjust for 

operational impacts and provides 

individuals and States time to take 

necessary action. This period allows 

States to adjust or reallocate resources to 

meet increased demand over annual 

budgeting cycles, while still 

maintaining a level of urgency necessary 

to prioritize such action. Allowing for 

more than 2 years for phased 

enforcement would potentially further 

delay the security benefits of REAL ID 

and would likely not provide members 

of the public a compelling reason to 

prioritize obtaining a REAL ID 

compliant DL/ID. 

DHS also does not believe that it 

would be appropriate to allow each 

Federal agency to specify the duration 

of their own phased enforcement period 

beyond the 2 years permitted by this 

rule. Doing so would permit agencies to 

use a phased approach indefinitely, 

avoiding the implementation of the legal 

requirements associated with the REAL 

ID act and regulations. Allowing a more 

lengthy phased enforcement period than 

2 years would also unnecessarily delay 

realization of the security benefits of 

REAL ID. Finally, a common defined 

available period for phased enforcement 

ensures consistent, accountable, and 

transparent national action, while still 

allowing agencies to balance operational 

needs, security benefits, and public 

impact to determine the individualized 

timeframe of their own enforcement, 

within those bounds. 

As described above, one comment 

suggested that DHS should base the 

phased enforcement period on the 

minimum length of the validity period 

for DL/IDs in some states, rather than 

balancing various factors to determine 

the enforcement. The commenter 

recommended 4 years because this is 

the shortest validity period amongst 

more populous States. Since there is not 

a single common validity period among 

all states, the choice of a 4-year period 

rather than the many longer periods in 

other States implicitly acknowledges the 

interests DHS has described above 

compelling shorter phased enforcement 

periods. The diversity in length of 

validity periods across States also 

suggests that there is highly limited 

benefit to tying the phased enforcement 

period to one particular validity period, 

as it would not be common to most 

members of the public. In addition, the 

length of validity of DL/IDs has limited 

utility in light of states ability to 

continue issuance of non-REAL ID 

compliant DL/IDs. While DHS 

acknowledges that some individuals 

who have recently obtained 

noncompliant DL/IDs may need to 

obtain a REAL ID-compliant DL/ID 

before their noncompliant DL/ID 

expires, the avoidance of this 

circumstance in some limited instances 

(namely, the class of persons who have 

a DL/ID which would specifically expire 

between 2 and 4 years from the REAL 

ID enforcement date) is not compelling 

when compared to the broader interests 

DHS has considered in providing a 

shorter period of phased enforcement, 

as described above. 

Individuals may also continue to 

choose to obtain a noncompliant DL/ID, 

even after the enforcement date, because 

they do not anticipate needing an 

acceptable form of identification to 

verify their identity for a defined official 

purpose or because they had another 

identity document, such as a passport, 

that is widely accepted. DHS does not 

believe it is appropriate to further delay 

the security benefits of REAL ID based 

on individual’s decisions to obtain 

noncompliant-marked cards. For any 

individual holding a noncompliant DL/ 

ID, who realizes that they need to obtain 

a compliant DL/ID, a 2-year phased 

enforcement period provides sufficient 

time for them to do so. 

Additionally, some commenters 

discussing the appropriate maximum 

phased enforcement period appear to 

assume that 100 percent of state-issued 

DL/IDs in circulation must be REAL IDcompliant before the Federal 

Government begins full card-based 

enforcement. This is incorrect. In the 

2008 final rule DHS assumed, in 

response to public comments, that only 

75 percent of DL/ID holders may ever 

obtain a REAL ID-compliant DL/ID.53

Individuals may choose not to obtain a 

REAL ID-compliant DL/ID for a number 

of reasons, including that they do not 

anticipate needing identification for a 

REAL ID official purpose or that they 

have another form of acceptable 

identification (e.g., a passport). 

Although the balance point that the 

actual percentage of REAL ID-compliant 

DL/IDs will eventually reach is 

uncertain (i.e., it could be more or less 

than 75 percent), DHS anticipates that 

the number of individuals presenting 

noncompliant DL/IDs for REAL ID 

official purposes at the time agencies 

transition from phased enforcement to 

full enforcement will have fallen and 

thereby reduce potential security risks, 

operational disruption, or significant 

public impact.54

Finally, DHS appreciates the 

recommendation that DHS consider 

future rulemaking to modify the phased 

enforcement period if necessary. As 

with this rulemaking, DHS will leverage 

its rulemaking authority as necessary to 

ensure successful implementation of the 

REAL ID requirements. 

I. Relevant Factors and Resources for 

Development and Approval of Phased 

Enforcement Determinations by Federal 

Agencies 

Comments: Some commenters 

expressed that the relevant factors DHS 

identified and that the rule requires 

agencies to consider when determining 

whether a phased approach is 

appropriate are overly broad and allow 

Federal agencies too much discretion in 

determining whether to implement a 

phased enforcement plan and what form 

the plan would take, resulting in widely 

varying policies that may hinder 

compliance and enforcement by 

individuals and agencies, respectively. 

These commenters also expressed 

concern that with this discretion, 

agencies may transition to full 

enforcement prior to the end of the 2- 

year maximum phased enforcement 

period, arguing instead that REAL ID 

should be repealed or extended outright 

for 2 years, citing general concerns 

regarding the REAL ID Act unrelated to 

this rulemaking. One commenter 

expressed concern about the adequacy 

of the TSA REAL ID Program’s resources 

to support the required DHS 

coordination of agencies’ phased 

enforcement plans. The commenter 

suggested that DHS should work to 

achieve a common understanding of the 

REAL ID regulations across all Federal 

agencies. 

DHS response: Under this rule, DHS 

intentionally provides Federal agencies 

significant discretion and flexibility to 

implement the REAL ID requirements 

using an approach that is best suited to 

their operations and contexts. Given the 

large number of Federal agencies, their 

variety of missions and operational 

settings, and significant variation in the 


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55Supra III.C. 

frequency and volume of interactions 

with the public in the context of a 

defined REAL ID official purpose, DHS 

believes that attempting to develop a 

uniform phased enforcement approach 

or more specific list of factors is not 

feasible. Further, DHS believes that each 

individual agency is in a better position 

than DHS to weigh factors and make 

judgments regarding whether phased 

enforcement is appropriate and, if so, 

what form an agency’s phased 

enforcement plan should take. The rule 

requires that agency plans be 

coordinated with DHS, which will allow 

DHS to ensure a level of consistency, as 

appropriate, and oversight of successful 

implementation of the REAL ID 

requirements. 

As discussed above,55 this rule 

maintains the card-based enforcement 

deadline and a regulatory default of full 

enforcement on May 7, 2025, absent an 

affirmative determination by an agency 

to use a phased enforcement plan. The 

rule is structured in this way to 

facilitate each agency’s transition to full 

implementation of REAL ID 

requirements as soon as practicable. 

DHS anticipates that many agencies will 

determine that a phased approach is not 

necessary or appropriate and will 

transition to full enforcement 

immediately on May 7, 2025. For 

agencies that do determinate that 

phased enforcement is appropriate, DHS 

does not expect that all phased 

enforcement plans will take the entire 2- 

year period. In some cases, agencies’ 

phased enforcement plans may provide 

for reaching full enforcement well in 

advance of May 5, 2027. 

Finally, DHS notes that the TSA 

REAL ID Program is well-prepared to 

support DHS coordination of agencies’ 

phased enforcement plans. Since Fall 

2023, the TSA REAL ID Program Office 

has been hosting monthly stakeholder 

engagement sessions with Federal 

agencies. During these sessions, DHS 

has briefed Federal agencies on the 

REAL ID regulations’ card-based 

enforcement requirements and this 

rulemaking to allow agencies the 

flexibility to implement card-based 

enforcement through a phased 

approach, if appropriate. Through 

interagency discussion during these 

sessions, DHS has built an 

understanding of which agencies may 

consider phased enforcement plans and 

what form those plans may take. 

Although the rule provides agencies 

broad discretion to structure their 

phased enforcement plans in a manner 

best suited to their operations, the rule 

requires agencies to coordinate their 

plans with DHS to ensure that plans 

advance the objectives of the REAL ID 

regulations and maintain consistent 

progress towards full enforcement. 

Through this coordination, DHS will 

maintain oversight of successful 

implementation of the REAL ID Act and 

ensure consistency, as appropriate. 

J. Phased Enforcement Implementation 

Concerns 

Comments: DHS received some 

comments related specifically to the 

official purpose of boarding a federally 

regulated commercial aircraft and cardbased enforcement at TSA security 

screening checkpoints. These 

commenters expressed concerns that 

beginning card-based enforcement at 

TSA security checkpoints may increase 

passenger wait times and congestion in 

the public areas of airports, potentially 

increasing the burden on law 

enforcement officers who respond to 

issues arising at airports. One 

commenter suggested that TSA should 

develop a plan that clearly provides 

criteria for incidents that rise to level 

requiring notification to law 

enforcement. Another commenter 

suggested that, as part of phased 

enforcement, TSA should require 

individuals enrolled in TSA Precheck®

to present a REAL ID-compliant DL/ID 

to use the TSA Precheck® lane. Multiple 

commenters recommended that TSA 

develop a ‘‘contingency’’ plan to 

address travelers who may be unable to 

use their noncompliant DL/ID to 

proceed through the screening 

checkpoint. 

DHS also received comments 

asserting that the proposed phased 

approach would exacerbate costs to 

individuals and to the Federal 

Government, for example, because 

individuals may need to update their 

identification multiple times to comply 

with evolving standards. Other 

commenters asked that DHS provide 

more detail about the consequences of 

the rule; and concerns that phased 

enforcement will be ‘‘increasingly 

painful’’ on the public and is thus not 

in their best interests. 

DHS response: DHS appreciates the 

thoughtful comments received regarding 

TSA’s implementation of card-based 

enforcement. This rule allows TSA to 

make a determination, after considering 

relevant factors, that a phased approach 

to card-based enforcement may be 

appropriate. Consistent with this rule, 

TSA is planning for a number of 

scenarios, including considering a 

phased approach to enforcement. In 

making its determination, TSA will take 

into account the relevant factors of 

security, operational feasibility, and 

public impact, including TSA 

checkpoint operations that involve 

interaction with law enforcement and 

potential impact to travelers and 

transportation stakeholders. 

Concerns regarding costs associated 

with compliance with requirements of 

the REAL ID Act and regulation were 

addressed in the 2008 final rule and are 

outside the scope of this rulemaking. 

Regarding the concern that a phased 

approach will add additional costs to 

implementation because of a need to 

update identification multiple times, 

DHS notes that the REAL ID card-based 

requirements, issued through the 2008 

final rule, were not amended by this 

rulemaking. Further, nothing in this rule 

will impact the requirements for 

issuance. The rule instead provides 

individuals potentially more time to 

obtain a REAL ID compliant license if 

they plan to present their DL/ID to an 

agency that is implementing the May 7, 

2025, enforcement deadline through a 

phased approach. 

Regarding commenters’ questions 

about the consequences of the rule, if an 

individual attempts to provide a noncompliant DL/ID after May 7, 2025, and 

the agency does not have a phased 

enforcement plan in place, the Federal 

agency may not accept that noncompliant DL/ID. Each individual 

agency is responsible for determining 

access control procedures at their 

facilities, and what alternatives may be 

available, such as other acceptable 

forms of identification. If the agency 

does have a phased enforcement plan in 

place, that plan must be posted on the 

agency website. For example, an agency 

may only accept a non-compliant DL/ID 

from an individual twice before it is 

rejected. In that instance, the individual 

will be subject to the agency’s published 

plan. 

DHS understands that some 

commenters are concerned that the 

phased enforcement plans may be 

‘‘increasingly painful’’ on the public. 

However, without the flexibility for a 

phased approach, no Federal agencies 

may accept non-compliant DL/IDs for 

REAL ID official purposes on and after 

May 7, 2025. This rule provides 

flexibility to agencies, allowing them to 

implement phased enforcement plans 

that provide more time for individuals 

to obtain a REAL ID-compliant DL/ID. 

Comments: Some commenters 

expressed concern that agencies’ phased 

enforcement plans may involve the 

collection of personal information and 

privacy issues, particularly if agencies 

implement a phased enforcement plan 

using the informed compliance with 

limits model. One commenter expressed 


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56Supra III.D. 57Supra III.D. 

58United States v. Gavrilovic, 551 F.2d 1099 (8th 

Cir. 1977) (noting that the ‘‘legislative history of the 

APA’’ indicates that the waiting period ‘‘was not 

intended to unduly hamper agencies from making 

a rule effective immediately,’’ but intended ‘‘to 

‘afford persons affected a reasonable time to prepare 

for the effective date of a rule . . . or to take other 

action which the issuance may prompt’ ’’ (citing S. 

Rep. No. 752, 79th Cong., 1st Sess. 15 (1946); H.R. 

Rep. No. 1980, 79th Cong., 2d Sess. 25 (1946))). 

59 5 U.S.C. 553(d)(1). See Independent U.S. 

Tanker Owners Commission v. Skinner, 884 F.2d 

587, 591 (D.C. Cir. 1989). 

the need for transparency and clear 

policies to protect PII. 

DHS response: DHS appreciates these 

comments and acknowledges the 

importance of privacy protections and 

safeguarding of personally identifiable 

information. This rule only provides 

agencies with the flexibility to 

implement the card-based enforcement 

deadline through a phased approach 

and, as noted above.56 Any PII collected 

as part of an agency’s phased 

enforcement plan must be collected, 

maintained, and used in accordance 

with all applicable Federal guidelines 

and requirements related to collection of 

PII. Depending on the type and manner 

of information collected, this will likely 

require agencies to obtain an OMBapproved PRA information collection, 

or to prepare a Privacy Threshold 

Analysis, Privacy Impact Assessment, 

System of Records Notice, and other 

documentation to ensure adequate 

protections are in place regarding the 

collection, storage, and use of PII. 

Comments: One commenter expressed 

concern that Federal agencies’ 

implementation of phased enforcement 

plans may result in a burden on States 

because individuals will seek 

information from State DMVs regarding 

Federal card-based enforcement. 

DHS response: DHS appreciates 

concerns related to increasing the 

burden on States. Overall, DHS believes 

this rule lessens the burden on States by 

allowing agencies to implement cardbased enforcement using a phased 

approach. In the event of backlogs at 

State DMVs due to increased demand 

leading up to and after the deadline, this 

rule may provide States additional time 

to make adjustments to meet increases 

in demand for REAL ID-compliant 

cards. DHS acknowledges that States, 

including DMV personnel, may receive 

inquiries regarding Federal agencies’ 

phased enforcement plans. To mitigate 

potential confusion associated with 

phased enforcement, this rule requires 

agencies using a phased approach to 

make their plans available on their 

website. It also requires DHS to make 

available on the DHS REAL ID web page 

a list of agencies that have coordinated 

phased enforcement plans. DHS 

welcomes States to direct individuals 

with questions regarding Federal cardbased enforcement to the DHS REAL ID 

web page. 

K. Alternative Approaches to Phased 

Enforcement 

Comments: One commenter suggested 

an alternative approach to phased 

enforcement based on the issuance date 

of the identification document. In the 

suggested alternative, Federal agencies 

could choose to accept, for a period up 

to 2 years after the card-based 

enforcement deadline, noncompliant 

DL/IDs with issuance dates before May 

7, 2025. After the phased enforcement 

period, Federal agencies would only 

accept REAL ID-compliant 

identification for official purposes. 

DHS response: DHS appreciates this 

comment suggesting an alternative to 

the phased enforcement approach taken 

by this rule. DHS believes that if an 

agency determines that phased 

enforcement is appropriate, the agency 

is in the best position to structure a 

phased enforcement plan that meets the 

needs of its operational context. While 

the rule requires agencies to coordinate 

phased enforcement plans with DHS, 

the rule provides agencies broad 

discretion to design a plan that will 

achieve a smooth transition to full 

enforcement within their context. DHS 

provides some phased enforcement 

models that agencies may consider,57

but agencies have discretion to develop 

their own models. 

A phased enforcement plan based on 

DL/ID issuance date would be 

compatible with the broad scope of 

discretion given to individual agencies 

under this rule. That is, individual 

agencies could adopt such a model of 

enforcement if they choose to do so 

based on their specific circumstances. It 

is, however, not appropriate to adopt 

universally, because DHS believes that 

each individual agency is in the best 

position a phased enforcement plan that 

meets their own particular 

circumstances. In light of agencies’ 

varying operational contexts and 

interaction with REAL ID requirements, 

DHS believes that providing agencies 

broad discretion is preferable to 

universally mandating a specific phased 

enforcement plan for every agency. 

L. Costs of the Rule 

Comment: One commenter expressed 

opposition to the rule, citing the 

financial implications and estimated 

costs of the REAL ID Act. The 

commenter stated an additional delay in 

card-based enforcement will only 

exacerbate costs and demand further 

financial backing for the eventual 

enforcement in a decades old policy, 

without citing specific amounts in 

additional costs. 

DHS response: The rule results in an 

estimated $1.73 million in quantifiable 

costs over 2 years to Federal agencies 

and DHS, which are separate, and a 

fraction of the estimated costs related to 

the REAL ID Act. In addition, the rule 

will help individuals without REAL IDcompliant identification, or an 

acceptable alternative, avoid costs that 

they may face when attempting to use 

a DL/ID for an official purpose during 

the phased enforcement period. 

DHS does not possess data on State 

expenditures, but as all States have met 

the state-based deadline for compliance, 

many of the costs associated with 

implementation of the REAL ID Act 

have already been incurred and will not 

be impacted by this rule. States and 

individuals would continue to incur 

costs related to obtaining REAL IDs; 

with or without this rule, which may be 

impacted by the rate at which they 

occur. As stated in the rule, DHS 

anticipates providing the opportunity 

for a phased approach may actually 

reduce and/or spread overall costs 

(rather than processing a higher number 

of REAL ID requests in a shorter period 

of time and consequences of a large 

portion of the population not having 

acceptable ID). 

V. Statutory and Regulatory Analyses 

A. Administrative Procedure Act 

The Administrative Procedure Act 

(APA), 5 U.S.C. 553(d) requires 

publication of an amendment in the 

Federal Register at least 30 days before 

the effective date of the final rule, 

unless good cause, as prescribed in the 

APA, is found. Here, DHS has 

concluded there is good cause to make 

this rule effective immediately. In 

determining whether the good cause 

exception of section 553(d) may be 

invoked to allow an immediate 

publication date, an agency is required 

to balance the necessity for immediate 

implementation against principles of 

fundamental fairness which require that 

all affected persons be afforded 

reasonable time to prepare for the 

effective date of the rule.58 Agencies 

may also dispense with the delayed 

effective date requirement for rules that 

‘‘recognize an exemption or relieve[ ] a 

restriction.’’ 59

Here, finalizing the provisions of this 

rule immediately may serve to lessen a 

burden on the public by providing 

agencies more time before the May 7, 


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60Riverbend Farms, Inc. v. Madigan, 958 F.2d 

1479, 1485 (9th Cir. 1992). 61See United States v. Gavrilovic 551 F.2d 1099 

(8th Cir. 1977). 

62 58 FR 51735 (Oct. 4, 1993). 

63 76 FR 3821 (Jan. 21, 2011). 

64 88 FR 21879 (Apr. 11, 2023). 

65Public 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)). 

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

(codified at 2 U.S.C. 1181–1538). 

2025, enforcement date to determine 

whether to implement phased 

enforcement plans and, if using a 

phased enforcement plan, to develop 

and communicate that plan to the 

public. If agencies choose to implement 

card-based enforcement using phased 

enforcement plans, the public may be 

provided with additional time beyond 

the enforcement date to obtain a REAL 

ID-compliant DL/ID, reducing potential 

negative impacts on May 7, 2025. 

Further an immediate effective date 

would not result in unfairness because 

the REAL ID requirements of the 2008 

final rule are already in effect and this 

rule does not alter any of the substantive 

REAL ID requirements or the 

enforcement date. Therefore, there are 

no new requirements that States or the 

public need to prepare to meet because 

of this final rule. The purpose of the 

waiting period is ‘‘to give affected 

parties time to adjust their behavior 

before the final rule takes effect.’’ 60 As 

this rule does not alter the substantive 

REAL ID requirements or enforcement 

date, a waiting period is not necessary 

because this rule does not change the 

date by which the public must adjust 

their behavior. Allowing this rule to 

become immediately effective does not 

alter the May 7, 2025, date on which 

agencies will begin card-based 

enforcement, so finalizing the 

provisions in this rule does not require 

anyone to change their conduct or to 

take any particular steps in advance of 

the effective date.61

B. 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 final 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, will likely need to 

submit or modify an OMB information 

collection request. 

C. Economic Impact Analyses 

1. Regulatory Impact Analysis Summary 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order (E.O.) 12866 

(Regulatory Planning and Review),62 as 

affirmed by E.O. 13563 (Improving 

Regulation and Regulatory Review),63

and as amended by E.O. 14094 

(Modernizing Regulatory Review) 64

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.65

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).66

2. Executive Orders 12866, 13563, and 

14094 Assessment 

Executive Order 12866 (Regulatory 

Planning and Review), as affirmed by 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) and 

amended by Executive Order 14094 

(Modernizing Regulatory Review), 

directs agencies to 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). 

Executive Order 13563 emphasizes the 

importance of quantifying costs and 

benefits, reducing costs, harmonizing 

rules, and promoting flexibility. 

DHS summarizes the findings: 

• In accordance with E.O. 12866, the 

OMB has designated this rulemaking a 

‘‘significant regulatory action’’ as 

defined under section 3(f)(1) of E.O. 

12866, as amended by E.O. 14094. 

Accordingly, the rule has been reviewed 

by OMB. 

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

605(b), certifies that the final rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The final rule is only applicable 

to Federal Government agencies, who 

under the RFA are not considered small 

entities. 

• This final 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 is not 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 final rule. 

TABLE 1—OMB CIRCULAR A–4 ACCOUNTING STATEMENT

[$ Millions] 

Category 

Estimates Units 

Notes 

Primary Low High Year 

dollar 

Discount 

rate 

Time 

horizon 

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. 


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67See 88 FR 14473 (Mar. 9, 2023), codified at 6 

CFR 37.5. 

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

[$ Millions] 

Category 

Estimates Units 

Notes 

Primary Low High Year 

dollar 

Discount 

rate 

Time 

horizon 

Unquantified ....................................................................................... The final rule will provide Federal agencies the 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 will not 

unnecessarily delay REAL ID enforcement for those Federal agencies 

ready to fully implement on the card-based enforcement deadline. A 

phased approach will 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. 

Costs 

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

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 will not be realized, as 

a result of agencies implementing a phased approach, until full 

enforcement occurs. Federal agencies will 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.67

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 

rulemaking is necessary to provide 

flexibility to mitigate potential risks 

related to security, operational 

feasibility, and public impact. 

Without the flexibility the final 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 will not have an acceptable 

form of identification to board federally 

regulated aircraft upon card-based 

enforcement. This represents a large use 


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68The 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. 

69Card-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 will impact their ability to provide that 

service. 

70Office 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. 

71The 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). 

72Alternate acceptable forms of identification 

may include, and are not limited to, U.S. passports, 

and passport cards. 

73 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. 

74 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 will be able to use a passport as an 

alternate form of identification. 

75 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. 

76 41.08 Percent of REAL ID-compliant IDs in 

October 2020 = 112,807,718 REAL IDs ÷ 

274,611,013 Total IDs in Circulation. 

case for REAL ID. These individuals 

will not have an acceptable form of 

identification 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.68 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 

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, will benefit from 

phased enforcement, and will be able to 

implement a phased enforcement plan, 

coordinated with DHS, to provide a 

smoother transition to full card-based 

enforcement.69 This final rule will 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. 

c. Baseline Summary 

The baseline represents DHS’ best 

assessment of what the world will be 

like absent this regulatory action.70

Absent this regulatory action, 

beginning on May 7, 2025 (card-based 

enforcement date), all Federal agencies 

will be prohibited from accepting nonREAL ID-compliant State-issued DL/IDs 

for REAL ID official purposes.71 If an 

individual does not have a REAL IDcompliant DL/ID, the individual may 

use another acceptable form of 

identification as determined by 

individual agencies’ identity 

verification and access policies.72 In 

accordance with the 2008 Final Rule, 

enforcement on the card-based 

enforcement date will 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 will be REAL IDcompliant based on adoption data 

provided by States, to DHS, through 

January 2024. The lower-end values 

represent a monthly adoption rate 

similar to current rates through cardbased enforcement.73 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 will be non-compliant 

(either legacy or non-compliant marked 

DL/IDs). Individuals with non-REAL IDcompliant DL/IDs will 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.74

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.75

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 

41 percent.76 Three years later, in 


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77 56.11 Percent of REAL ID-compliant IDs in 

October 2023 = 160,039,272 REAL IDs ÷ 

285,246,641 Total IDs in Circulation. 

78 56.42 Percent of REAL ID-compliant IDs in 

January 2024 = 162,111,658 REAL IDs ÷ 

287,321,596 Total IDs in Circulation. 

79 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). 

80U.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. 

81U.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. 

82 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). 

October 2023, the national REAL ID 

compliance rate increased to 

approximately 56 percent.77 Despite a 

modest increase in the number of 

compliant REAL IDs between October 

2023 and January 2024, the percentage 

of REAL ID DL/ID remains unchanged at 

56 percent over this time period, with 

the remaining 44 percent of State-issued 

DL/IDs being noncompliant.78

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 3 years following 

October 2020, 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.79

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 2022.80 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 2027.81

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.82 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 

will 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 ID-compliant DL/IDs, 

will take steps to ensure they will not 

be turned away from Federal facilities 

where a REAL ID will be required for 

official purposes. 

DHS assumes such a spike will be 

similar to a 23 percent increase that the 

Department of State experienced in 


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83The 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. See 71 FR 68412 (November 24, 2006). 

84 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. 

85See footnote 63. 

86Based 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-based 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). 

87Under 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 DL/IDs being REAL ID 

compliant in May 2025. 

88 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. 

89The 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 final 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 will likely be a decrease in 

adoption rates, before a second spike leading up to 

the May 2027 full compliance date. 

90 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. 

91 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). 

92 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. 

93 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). 

94Supra note 76. 

95The 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). 

96 DHS anticipates future renewal surges 

associated with existing REAL–ID holders, and 

additional initial adoptions associated with 

population growth. 

97 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. 

passport applications after 

implementation of the first phase of the 

Western Hemisphere Travel Initiative 

(WHTI).83 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 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.84

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,85

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).86 Using this 

methodology,87 by May 2025, 

approximately 70 percent or 202.7 

million of the total 289.6 million IDs in 

circulation would be REAL–ID 

compliant.88

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.89

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.90

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 2026.91 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 ID-compliant.92 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 2027.93 Under this assumption, 

DHS estimates that approximately 87 

percent of DL/IDs would be REAL IDcompliant by October 2027.94

DHS assumes that once the percentage 

of REAL IDs, relative to all DL/IDs in 

circulation reach a natural adoption 

threshold or equilibrium 95 (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.96

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 which preceded 

the 2008 Final Rule included DHS’s 

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.97 DHS noted that 

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 will choose to receive 

non-compliant licenses because they 

may not need a REAL ID for Federal 


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3494 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

98 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. 

99 DHS believes there is a greater likelihood of the 

actual REAL ID threshold being greater than 75 

percent rather than lower than 75 percent. 

100Supra note 76. 

101 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 final 

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. 102 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. 

103 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). 

official purposes or they may already 

possess a compliant alternate form of 

identification.98 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 will 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.99

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 2024.100

Next, DHS applies the 0.56 CMGR over 

the 16 months between January 2024 

and May 2025 to forecast the percentage 

of REAL IDs in circulation by May 2025, 

relative to all IDs in circulation. Using 

this methodology, DHS estimates that 

approximately 61 percent of all IDs in 

circulation would be REAL IDcompliant by the card-based 

enforcement date. 

The aforementioned methodology 

assumes that the 16 months between 

January 2024 and May 2025 will be 

similar to the trends seen between 

January 2023 and January 2024.101

Accordingly, DHS provides an alternate 

forecast on the percentage of REAL IDcompliant DL/IDs in May 2025 using the 

1.03 percent CMGR for the adoption of 

REAL ID over last 4-years.102 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.103

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 

Difference Between Threshold and 

Forecasted.

40,043,762 (13.8%) ...................... 26,203,971 (9.0%) ........................ 0 (0.0%) 


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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 3495 

104The 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. 

105 0.79 Percent CMGR = (0.557 Percent CMGR 

(Last Twelve Months) + 1.031 Percent CMGR (Last 

48 Months)) ÷ 2. 

106 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. 

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, 

2 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.104

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.105 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.106 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. 

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 

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 


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3496 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

107Transportation Security Administration. 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. 

108Federal Register. Retrieved from https://

www.federalregister.gov/agencies. Accessed on May 

10, 2023. 

109 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 2, 2024. 

110While engagements with Federal stakeholders 

have continued since the publication of the NPRM, 

there have not been significant updates that would 

impact the supporting analysis. As such, DHS 

retains its initial assumptions for the Final Rule. 

compliance increases being spread over 

the 2-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.107 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 

also recognizes that impacts on a 

smaller scale could apply to other 

Federal agencies. If TSA chooses to 

employ phased enforcement at security 

screening checkpoints, the impacts 

associated with travelers presenting 

non-compliant DL/IDs would be 

reduced and spread out over the course 

of the phased enforcement plan, rather 

than absorbed in the initial days of 

enforcement. TSA may also employ 

other actions to limit or address 

concerns and mitigate any impediments 

on the traveling public associated with 

enforcement, but any such actions and 

associated impacts are separate from 

this rule. Regardless, DHS believes a 

phased enforcement approach will 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 will 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 will 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 rule 

requires 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.108 To estimate the number of 

Federal agencies that will submit a 

phased enforcement plan under this 

rulemaking, DHS considered 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.109 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 

will 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 

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 will still be 

required to enforce REAL ID 

requirements on the card-based 

enforcement date, the enforcement will 

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.110 During these 

sessions, DHS briefed agencies 

regarding the card-based enforcement 

date and this 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 will follow guidance put forth by 

their cabinet-level department. Of the 

sample of agencies invited, 


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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 3497 

111 DHS notes that most Federal employees and 

contractors have existing access to their respective 

facilities via employee identification/access cards 

and will not require separate submission of a REAL 

ID for access. 112TSA 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. 

113 DHS retains the evaluation of cost for the rule 

over a 2-year period, as presented in the NPRM. 

Based on engagements with stakeholders, DHS 

believes that federal agencies have already incurred 

some costs in 2024 as they have discussed the 

necessity, and the possibility of, implementing a 

phased enforcement plan. DHS also acknowledges 

there are minimal impacts to cost in terms of 

discounting. 

114Salary 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. 

115The 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. 

116OPM 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. L. 99–272, April 

7, 1986). 

117Compensation 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. 

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 will pursue a 

phased enforcement plan. 

Based on these three factors, DHS 

assumes that of the 434 Federal 

agencies, 96 percent will not submit a 

phased enforcement plan. As such, 

these agencies will join the Department 

of Defense and begin full card-based 

enforcement on May 7, 2025. While 

individuals will 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.111

DHS assumes that the remaining 4 

percent of Federal agencies will develop 

and coordinate phased enforcement 

plans with DHS. The majority of such 

plans are anticipated to represent a lowto-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.112

b. Cost of the Final Rule 

The following summarizes the 

estimated costs of the final 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.113

Federal agencies will incur costs to 

familiarize themselves with the rule, 

assess whether to implement a phased 

enforcement plan, and if so, develop a 

plan. DHS, as the agency administering 

the REAL ID program, will 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.114 For Senior Executive 

Service (SES) employees, DHS uses the 

midpoint of the range of basic pay as the 

estimate for the SES annual wage.115

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.116 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 117

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 

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

Note: Calculation may not be exact due to rounding. 

DHS Costs 

DHS will 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 will publish the list 

of agencies that have coordinated 

phased enforcement plans. 

DHS will 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 will 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 


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118 $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). 

119Phased Enforcement Plan coordination and 

review time estimate is less than it would take for 

a formal approval. 

120 $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). 

121 DHS assumes 4 percent of the 434 Federal 

agencies will submit phased enforcement plans, or 

about 18 agencies (see Phased Enforcement 

Population). DHS coordination cost = 18 agencies 

× 16 hours × $84.37 = $24,298. 

122 $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). 

123 DHS estimates a familiarization cost and time 

burden based on the time required to read all of the 

words in the final rule. DHS also assumes that 

individuals responsible for reviewing the final rule 

read at a rate of 238 words per minute. 1.09 

familiarization time burden = 15,616 words in final 

rule ÷ 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). 

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

employee will spend an equal amount of time to 

review the final 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). 

125Note: Calculation may not be exact due to 

rounding. 

respective groups of employees 

contributing to the efforts.118 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 will also include 

reviewing phased enforcement plans to 

ensure compliance with the REAL ID 

Act and regulations (but will 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.119 DHS uses the midpoint of 

the range, 16 hours per plan, to 

calculate DHS coordination costs. DHS 

assumes this time will 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.120 DHS 

estimates the coordination cost by 

multiplying the 18 agencies that will 

develop plans, the 16-hour time burden, 

and weighted average coordination 

compensation rate of $84.37 per hour 

for a total coordination cost of 

$24,298.121

DHS will also incur costs to make 

publicly available a list of agencies that 

have coordinated phased enforcement 

plans with DHS. DHS will publish the 

list of agencies on a web page on DHS’s 

REAL ID website prior to the card-based 

enforcement date. DHS SMEs estimate it 

will 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.122

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 the incremental 

maintenance costs for this one web page 

will be minimal because DHS already 

maintains the DHS REAL ID website. 

Furthermore, DHS will not need to 

update the website content frequently 

because all Federal agencies that 

voluntarily implement a phased 

enforcement plan will 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 final 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 

a b c 

d = a + b + c 

Undiscounted Discounted at 2% 

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

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 will need to 

familiarize themselves with the final 

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 will review the rule. DHS 

estimates that each person reviewing the 

rulemaking will spend an average of 1.1 

hours.123 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.124 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 $94,145.125

In addition to familiarization, all 

Federal agencies will need to determine 

if based on their specific environment, 

developing and coordinating a phased 

enforcement plan is necessary. DHS 

SMEs estimate Federal agencies will 

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 

will be split between a GS–15 and SES, 

with a respective burden of 50 percent 

and 50 percent. DHS calculates a 


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126 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 will 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). 

127Note: Calculation may not be exact due to 

rounding. 

128 $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). 

129 DHS assumes 4 percent of the 434 Federal 

agencies will submit phased enforcement plans, or 

about 18 agencies (see Phased Enforcement 

Population). 

130Note: Calculation may not be exact due to 

rounding. 

131 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. 

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.126

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.127

Federal agencies that develop phased 

enforcement plans will also incur costs 

to develop and coordinate their 

respective plans with DHS. DHS 

assumes plan development and 

coordination will 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 will 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 

will 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.128

DHS multiplies the 18 agencies that 

develop plans,129 the 225-hour 

development time burden, and the plan 

development compensation rate of 

$100.64 per hour to calculate a plan 

development cost of $407,594.130

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. 

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 

a b c 

d = a + b + c 

Undiscounted Discounted at 2% 

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 1,666,543 

Note: Totals may not add due to rounding. 

Unquantified Costs 

The final rule will also include nonquantified 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 will 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.131 Nonetheless, this final rule 

will 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 will incur costs related 

to plan implementation. However, DHS 

assumes there will be a high degree of 

variability among such plans, and 

agencies will have discretion to 

determine what aspects to include in a 

phased enforcement plan. Nonetheless, 

Federal agencies will likely incur costs 

related to training necessary personnel 

on the processes and procedures of 

phased enforcement plans. Federal 

agencies will 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 2-year total cost 

of the phased enforcement final rule. 

DHS estimates the total cost of the final 

rule to be $1.73 million undiscounted 

and $1.70 million discounted at 2 

percent. 


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132 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 as reducing additional negative impacts 

associated with rapid enforcement. 

133 Delays may be short and straight forward 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. 

134For 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. 

TABLE 9—TOTAL COST OF PHASED ENFORCEMENT RULE

[Actual dollars, 2023 dollars] 

Year 

Cost to 

DHS 

Cost to 

Federal agencies 

Total cost 

a b 

c = a + b 

Undiscounted Discounted at 2% 

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 Final 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 will 

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, will benefit from more 

time to implement. 

Phased enforcement of the card-based 

requirement will provide the public 

more time to obtain REAL–ID compliant 

DL/IDs. This may mitigate a potential 

backlog of applications for States with 

lower compliance rates.132 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.133 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 will 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 will 

also be delayed. 

b. Alternatives Considered 

DHS considered two alternatives 

under the proposed rule, the no action 

baseline scenario which would 

commence full card-based enforcement 

in May 2025 and an extension of the 

card-based enforcement deadline. 

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.134 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, 


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135 71 FR 68412 (November 24, 2006). 

136State 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. 

137Public Law 96–354, 94 Stat. 1164 (Sept. 19, 

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

Continued 

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.135 The WHTI rule imposed 

new documentation 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.136

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 power plants, and 

aircraft. An additional possible benefit 

of the 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 as it limits 

the flexibility Federal agencies can use 

to implement REAL ID card-based 

enforcement. The potential for large 

numbers of individuals presenting nonREAL 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 

preferred alternative 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 1 and 2 years later 

(Alternative 2). Alternative 2 is distinct 

from the preferred alternative 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 preferred alternative. 

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 will 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 will continue to be delayed and not 

enforced in the near future. Thus, the 

preferred alternative maintains the 

effective date for those Federal agencies 

able to implement yet also provides 

flexibilities for those who will benefit 

from additional time. 

3. Regulatory Flexibility Assessment 

The RFA of 1980 (5 U.S.C. 601, et 

seq.) requires Federal agencies to 

consider the potential impact of 

regulations on small businesses, small 

government jurisdictions, and small 

organizations during the development of 

their rules.137 The Secretary, pursuant 


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3502 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

by the Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA). 138See 73 FR 5272 (Jan. 29, 2008). 

139See Public Law 91–190, 42 U.S.C. 4321–4347. 

140See DHS, Implementing the National 

Environmental Policy Act, DHS Directive 023–01, 

Rev 01 (Oct. 31, 2014), and DHS Instruction Manual 

023–01–001–01, Rev. 01 (Nov. 6, 2014), https://

www.dhs.gov/publication/directive-023-01-rev-01- 

and-instruction-manual-023-01-001-01-rev-01-andcatex (last visited July 17, 2024). 

141 40 CFR parts 1500 through 1508. 

142See 40 CFR 1501.4(a). 

143See Instruction Manual, section V.B.2 (a–c). 

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

will not have a significant economic 

impact on a substantial number of small 

entities. The final rule is only applicable 

to Federal agencies who under the RFA 

are not considered small entities. 

Accordingly, DHS is not required to 

prepare a regulatory flexibility analysis. 

4. 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 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 is not 

required under UMRA. 

D. 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 final rule under E.O. 

13132 and has determined that although 

this rulemaking may indirectly affect 

the States, it does not impose 

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.138 In fact, the 

final rule is responsive to concerns 

expressed by State agencies regarding 

the upcoming deadline and will 

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. 

E. Executive Order 13175 (Tribal 

Consultation) 

This final 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. The 

REAL ID Act applies solely to issuance 

and Federal acceptance of state issued 

DL/ID. Section 202(a)(1) specifically 

provides, ‘‘a Federal agency may not 

accept, for any official purpose, a 

driver’s license or identification card 

issued by a state to any person unless 

the state is meeting the requirements of 

this section.’’ Section 201(5) defines the 

term ‘‘state’’ to mean ‘‘a state of the 

United States, the District of Columbia, 

Puerto Rico, the U.S. Virgin Islands, 

Guam, American Samoa, and the 

Commonwealth of the Northern Mariana 

Islands.’’ Because Tribal governments 

do not fall within the statutory 

definition of ‘‘state,’’ identification 

cards issued by Tribal governments are 

not subject to REAL ID requirements. 

F. Environmental Analysis 

DHS and its components review 

actions to determine whether National 

Environmental Policy Act 139 (NEPA) 

applies to them and, if so, what degree 

of analysis is required. DHS Directive 

023–01 Rev. 01 (Directive) and 

Instruction Manual 023–01–001–01,140

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 141 for 

implementing NEPA. 

The CEQ regulations allow Federal 

agencies to establish in their NEPA 

implementing procedures categories of 

actions (‘‘categorical exclusions’’) which 

experience has shown normally 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.142

Under DHS NEPA implementing 

procedures, 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.143

The clarification and notice provided 

by this final 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 final rule is not part of 

a larger action and presents no 

extraordinary circumstances creating 

the potential for significant 

environmental impacts. Therefore, the 

final rule is categorically excluded from 

further NEPA review. 

G. 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 


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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 3503 

144See 5 U.S.C. 801(a)(3). 

145See 5 U.S.C. 808(2). 

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

that this rulemaking will not be a major 

regulatory action under the provisions 

of the EPCA. 

H. Small Business Regulatory 

Enforcement Fairness Act of 1996 

(Congressional Review Act) 

Under the Congressional Review Act 

(CRA), enacted as part of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Public Law 104– 

121, the Administrator of the Office of 

Information and Regulatory Affairs has 

determined that this final rule meets the 

criteria in 5 U.S.C. 804(2). The CRA 

generally provides a 60-day delayed 

effective date for such rules 144 but an 

agency can bypass that requirement ‘‘for 

good cause.’’ 145 Because this rule 

provides flexibility for agencies to 

implement phased enforcement plans 

none of which will have any impact on 

the public until the REAL ID effective 

date on May 7, 2025, DHS has for good 

cause found that the 60-day delay 

typically required under 5 U.S.C. 

801(a)(3)(A) is unnecessary. Therefore, 

consistent with 5 U.S.C. 808(2), this rule 

will become effective January 14, 2025. 

List of Subjects in 6 CFR Part 37 

Document security, Driver’s licenses, 

Identification cards, Motor vehicle 

administrations, Physical security. 

Regulatory Amendments 

For the reasons set forth in the 

preamble, the Department of Homeland 

Security amends 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 

paragraphs (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 

on the DHS REAL ID web page a list of 

agencies that have coordinated phased 

enforcement plans with DHS pursuant 

to paragraph (d) of this section. 

Dated: January 7, 2025. 

David P. Pekoske, 

Administrator. 

[FR Doc. 2025–00484 Filed 1–13–25; 8:45 am] 

BILLING CODE 9110–05–P 


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