The REAL ID rule paves the way for agencies to accept mobile driver licenses

The Transportation Security Administration is making sure mobile driver’s licenses can still be used at federal buildings and security checkpoints when REAL ID enforcement begins next year.

Under a final rule published today in the Federal Register, TSA will allow individual states to request a temporary waiver from some REAL ID ACT requirements. Once approved, a waiver will allow state-issued mobile driver’s licenses (mDLs) to continue to be accepted at TSA airport security checkpoints and federal facilities when REAL ID enforcement begins in May.

“The waiver established by this rule allows Federal agencies to accept such mDLs for official purposes, defined in the REAL ID Act as accessing Federal facilities, entering nuclear power plants, boarding federally regulated commercial aircraft, and for any other purposes for which the Secretary (internal security) will determine,” the rule states. “Any federal agency that chooses to accept mDLs for official purposes must procure a reader to receive an individual’s identity data.

TSA will grant a temporary waiver to states whose mobile driver’s licenses “provide sufficient safeguards for security and privacy, pending finalization of emerging standards”

TSA is also working on more “comprehensive” requirements that will allow states to issue mDLs and mobile ID cards that comply with the REAL ID Act.

“After emerging industry standards and federal guidance are finalized, TSA plans to issue a future rulemaking to establish more comprehensive requirements for mDLs that will ultimately replace the waiver provisions established by this rule,” TSA said in a statement.

TSA had previewed the waivers as part of the Department of Homeland Security’s burden reduction plan last year. TSA currently accepts mobile driver’s licenses issued by 11 states. The technology to accept these mDLs is in place at 27 airports in those states.

Congress passed the REAL ID Act in 2005 to establish a minimum set of standards for identification cards such as driver’s licenses. By law, federal agencies can only accept ID cards that meet REAL ID requirements starting May 7, 2025.

“Phase Approach” to REAL ID

The TSA earlier this fall also launched a proposed rule which would allow federal agencies to “implement the card-based enforcement provisions through a phased enforcement plan.”

The agency noted that only about 56 percent of IDs in circulation in January 2024 were REAL ID compliant as states faced challenges in adopting the standards, including the COVID-19 pandemic.

The phased approach takes into account what TSA anticipates could be “last-minute increases in demand for REAL IDs” by the May 7 deadline. The increases could “overwhelm states and lead to delays and delays in issuing REAL IDs,” TSA wrote in the proposed rule.

The rule would allow agencies to phase in REAL ID requirements over two years, beginning in May. Agencies could apply the requirements “in a manner that minimizes potential disruption to operations, reduces adverse public impact, and supports a smooth transition to full card-based enforcement and the enhanced security benefits of REAL ID.”

Under the proposed rule, agencies would have to make public their phased implementation plans.

“This flexibility would allow these agencies to maintain operational efficiency; reduce security risks from long queues, incidents and distractions caused by additional identity verification procedures or the rejection of people who do not have acceptable identification; reducing potential public backlash to security personnel enforcing REAL ID; and limit potential negative impacts on the public,” TSA wrote.

Comments on the proposed rule were due Oct. 15.