TSA Sends Real ID Implementation Final Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule on “Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Phased Approach for Card-Based Enforcement”. The notice of proposed rulemaking (NPRM) for this action was published on September 12^th, 2024.

According to the Spring 2024 Unified Agenda entry for this rulemaking (see note below):

“TSA will issue an NPRM that would explicitly allow some Federal agencies to implement the card-based enforcement provisions of the REAL ID regulations under a phased approach beginning on the May 7, 2025, enforcement deadline for REAL ID compliance.  TSA intends to propose a framework under which agencies may exercise enforcement discretion through implementation of a phased enforcement plan that takes into consideration REAL ID-compliant card adoption rates, security, and operational feasibility.  To ensure that agencies’ enforcement plans consistently and appropriately advance the objectives of the REAL ID regulations, this rule would require agencies’ plans be coordinated with DHS and that full enforcement is in place by May 5, 2027.  Through this rule, DHS seeks to ensure that Federal agencies are well-positioned to begin enforcing the REAL ID regulations on May 7, 2025, in a manner that meets the objectives of the REAL ID Act and regulations while ensuring that agencies have flexibility to begin enforcement in a manner that minimizes operational and security risks to the Federal agencies and the public.  As TSA continues to develop this regulation, we seek to engage Federal agencies, State and territorial licensing jurisdictions, and members of the public affected by implementation of REAL ID requirements.”

NOTE: Obviously, the Spring 2024 Unified Agenda was published well before the NPRM for this rulemaking was published. That is why there is a significant disconnect between the information provided in that entry and what we should expect from the final rule. The important piece of information in that entry is that the REAL ID Act regulations go into effect on May 7^th, 2025. This rulemaking was designed to ease and coordinate that transition.

It is interesting to note that there were over 11,000 comments submitted on the NPRM. It appears that a significant number of (probably most, but I certainly have not read each and every one) object to the Real ID regulations, not this implementation rule. For example, one anonymous commentor stated: “I do not support the real ID. I feel it is significant government over reach and will limit individual freedoms.” This would be part and parcel of an overweening objection to a ‘national ID card’ by most libertarians and conservatives, even though the ID cards will continue to be issued and administered by State governments.

I will not be covering this rule in any detail, but I will be mentioning its publication in the appropriate ‘Short Takes’ post.