REAL ID Rulemaking Development

Did the Department of Homeland Security consult with the states in the development of this program?
The Department consulted extensively with the states to develop the rule. The Department met with representatives of nearly all state DMVs and visited nearly two dozen states to tour their DMV operations and discuss implementation of the REAL ID Act. Additionally, this final rule follows a Notice of Proposed Rule Making (NPRM) published on March 9, 2007 that garnered over 21,000 comments that the Department analyzed prior to developing this final rule. The final rule reflects the product of extensive outreach to key stakeholders from state motor vehicle offices, state legislators, governors’ offices, and the associations representing these state groups, as well as discussions with groups representing privacy and civil liberties concerns.

What has changed from the proposed rule to the final rule?
The Department reviewed the many public comments submitted and has taken a balanced approach to effective REAL ID implementation by strengthening the provisions that have the greatest impact on reducing fraud and improving the security and integrity of driver’s licenses and identification cards. DHS has also modified the rule to provide states the flexibility to implement the law’s requirements in a realistic and effective manner. These changes address widespread concerns regarding: adequate time for system improvements and enrollment of driver populations; costs of facility, staff, IT and process changes; prioritization of cost-effective improvements to increase security and to reduce the issuance and use of fraudulent credentials; and enhanced privacy and security of personal information. For example:

• State compliance and driver enrollment deadlines have been extended to give states the additional time necessary to make the investments required to improve security and enroll persons in REAL ID.
• Age-based enrollment will allow DMVs to better manage the flow of people into offices.
• Privacy and security protections have been enhanced to protect the personally identifiable information of individuals and the addresses of certain classes of individuals.
• The final rule reflects a performance-based approach to REAL ID implementation, eliminating costly and prescriptive NPRM requirements and giving states the flexibility to implement solutions that maximize the security and integrity of state-issued credentials.
• Commenter recommendations that would significantly reduce fraud, improve security, and protect privacy have been incorporated into the final rule.

Is REAL ID a federal mandate?
REAL ID is not a federal mandate, and states are not required to participate. The REAL ID Act simply establishes minimum standards that states must meet for their driver’s licenses and identification cards to be accepted for official federal purposes like boarding a commercial aircraft or entering a federal facility.