DHS Sends Mobile Driver’s License NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced, that it had received a notice of proposed rulemaking from DHS on “Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Waiver for Mobile Driver's Licenses”. According to the Fall 2022 Unified Agenda listing for this rulemaking:

“This proposal is the first rulemaking in a multi-phased project to enable Federal agencies, at their discretion, to continue accepting mobile driver’s licenses and mobile identification cards (collectively referred to as mDLs), while the Department of Homeland Security (DHS) develops comprehensive regulatory requirements for REAL ID-compliant mDLs.  This rule is proposing to add new mDL definitions to 6 CFR part 37 (REALID regulations), and to establish a process that States must follow to apply for a mDL waiver from the REAL ID regulations.  This initial rulemaking would also enable Federal agencies to accept State mDLs for official purposes from States who are issued such a waiver.  After multiple industry technical standards are finalized and published, DHS would repeal the waiver provisions and issue regulations setting the minimum technical requirements and security standards for mDLs to enable Federal agencies to accept mDLs for official purposes.”

I am not really interested (here in this blog) in covering the REAL ID mess, but it will be interesting to see if this NPRM includes any cybersecurity requirements for these mobile driver’s license waivers.