Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Extending Enforcement Date rule (2023)

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The Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Extending Enforcement Date rule is a significant rule issued by the U.S. Department of Homeland Security (DHS) effective March 9, 2023, that extended the REAL ID compliance deadline to May 7, 2025, pursuant to the REAL ID Act.[1]

HIGHLIGHTS
  • Name: Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Extending Enforcement Date
  • Action: Final rule
  • Type of significant rule: Other significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    • March 9, 2023: Final rule was published and took effect. No comment period occurred, as per the provisions of the Regulatory Flexibility Act of 1980.[1]
    • May 2021: DHS extended the REAL ID enforcement deadline to May 3, 2023.[1]
    • April 2020: DHS extended the REAL ID enforcement deadline to October 1, 2021.[1]

    Background

    The REAL ID Act established minimum security standards for state-issued driver's licenses and identification cards, required for accessing federal facilities, boarding regulated commercial aircraft, entering nuclear power plants, and other official purposes. While significant progress had been made, with 55 out of 56 jurisdictions achieving compliance, the DHS estimated that only 56% of the population will have a REAL ID by the amended May 3, 2023 card-based enforcement date. The Secretary of Homeland Security therefore extended the deadline until May 7, 2025, citing ongoing challenges, including the impact of the COVID-19 pandemic on state Department of Motor Vehicle (DMV) operations and issuance backlogs.

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:[1]

    “ On May 3, 2021, DHS published an interim final rule (IFR) extending the card-based enforcement deadline to May 3, 2023. This rule finalizes that IFR and further extends the date for card-based enforcement of the REAL ID regulations from May 3, 2023 until May 7, 2025. Beginning on that date, Federal agencies are prohibited from accepting a state-issued driver's license or identification card for official purposes unless such license or card is a REAL ID compliant driver's license or identification card issued by a state that DHS has determined is in full compliance as defined under this part. The current regulations also permit Federal agencies to accept noncompliant driver's licenses and identification cards for official purposes until May 2, 2023. This rule also extends that date, authorizing Federal agencies to continue to accept non-compliant driver's licenses and identification cards for official purposes until May 6, 2025.[2] ”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    “ The Secretary recognizes that significant challenges continue to persist with the upcoming REAL ID card-based enforcement deadline in light of the COVID-19 pandemic and related issuance backlogs. Based on discussions and information provided by the states, the COVID-19 pandemic has continuing impacts on state DMV operations and the issuance of REAL ID compliant licenses and identification cards. Reduced DMV service hours and facility closures during the pandemic caused many states to offer grace periods and extensions to those with expiring licenses and although states have generally resumed normal operations, the temporary procedures put in place during the pandemic continue to have a lingering impact on REAL ID issuance rates. States have expressed concern that they may not have enough time to process and issue REAL ID compliant cards before the upcoming deadline. DHS has heard similar concerns from individual license holders about their ability to make appointments at their local DMV to obtain a REAL ID. As a result, DHS does not believe that REAL ID adoption rates will significantly change by the current May 3, 2023, card-based enforcement date.

    DHS's estimates of the REAL ID issuance rates align with these concerns. For example, since the beginning of the COVID-19 pandemic, the rate of REAL ID issuance has been reduced by almost half. Before the pandemic, the REAL ID adoption rate was increasing at over 1 percent per month. By contrast, the current adoption rate continues to stand at about half of that amount or at about 0.5 percent per month. At this rate of adoption, DHS estimates that only about 56 percent of the state driver's licenses and identification cards in circulation will be REAL ID compliant by the current May 3, 2023 card-based enforcement deadline.

    As a result, without a change to the current card compliance deadline, DHS estimates that a significant number of individuals may arrive at an airport screening checkpoint without an acceptable form of identification. TSA estimates up to half a million passengers per day without alternate acceptable IDs could be denied access to security screening. This could result in significant backlogs at the TSA security checkpoint, which would not only cause delays and missed flights but may also create a significant security risk both to passengers and TSA personnel by diverting the resources and attention of TSA personnel away from other passengers, including those known to pose an elevated risk.

    The Secretary, with the commitment to fairness and equity in mind, is taking this action to provide additional time for individuals to obtain a REAL ID compliant license or identification card. Notwithstanding this extension, DHS encourages those who are able and eligible to obtain a REAL ID at the earliest possible point, instead of waiting until the end of this extension period.

    Accordingly, the Secretary is finalizing the 2021 interim final rule and extending the date when individuals must present a REAL ID compliant driver's license or identification card to use that document for official purposes until May 7, 2025. This extension is intended to provide sufficient time for individuals to obtain a REAL ID and for DMVs across the country to fully accommodate the demand for those licenses and identification cards.

    Finally, to avoid any confusion about the ability of Federal agencies to continue to accept noncompliant licenses and identification cards issued under § 37.71, DHS also is extending the date by which Federal agencies may continue to accept these licenses and identification cards for official purposes until the end of May 6, 2025. Although some agencies, including TSA, accept noncompliant licenses and identification cards for official purposes, others may decide not to accept, or currently do not accept, noncompliant cards for official purposes. Individuals who need to visit a Federal facility, building, or office should check in advance whether the agency requires identification for access purposes and, if they do, the forms of identification they accept.[2]

    		”

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Extending Enforcement Date rule states that OMB deemed this rule significant, but not economically significant:

    “ This rule constitutes a “significant regulatory action” under Executive Order 12866, as supplemented by Executive Order 13563, and therefore has been reviewed by the Office of Management and Budget (OMB)... DHS is proceeding under the emergency provision at Executive Order 12866 Section 6(a)(3)(D) based on the urgent needs described above.[2] ”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Federal Register, "Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Extending Enforcement Date," March 9, 2023
    2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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