OMB Approves TSA Real ID Standards Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from TSA on “ Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Phased Approach for Card-Based Enforcement”. This final rule was submitted to OIRA on December 2^nd, 2024. The notice of proposed rulemaking for this action was published on September 12^th, 2024.

According to the Fall 2024 Unified Agenda entry for this rulemaking:

“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.  TSA will issue a Final Rule that would explicitly permit Federal agencies to implement the card-based enforcement provisions of the REAL ID regulations under a phased approach after the May 7, 2025, enforcement deadline.  In order to ensure that agencies’ enforcement plans consistently and appropriately advance the objectives of the REAL ID regulations the rule will require the agency to make a determination to implement card-based enforcement under a phased approach after considering relevant factors, including security, operational feasibility, and public impact.  If an agency chooses to take a phased enforcement approach, this rule will require agencies’ plans be coordinated with DHS and that full enforcement is in place by May 5, 2027.  During the development of this rulemaking TSA has engaged Federal agencies, State and Territorial licensing jurisdictions, and members of the public affected by implementation of REAL ID requirements.”

As I reported in an earlier post:

“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.

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.

OMB Approves TSA Real ID Enforcement NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NPRM) from the TSA on REAL ID Phased Approach for Card-Based Enforcement. TSA sent the NPRM to OIRA on May 3^rd, 2024.

According to the Spring 2024 Unified Agenda entry for this rulemaking:

“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.”

I do not expect to cover this rulemaking in any detail, but I will announce it’s publication in the appropriate ‘Short Takes’ post.

TSA Sends Real ID Proposed Rule to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the TSA on “REAL ID Phased Approach for Card-Based Enforcement”.

This rulemaking was not listed in the Fall 2023 Unified Agenda, so there is no official public statement about the purpose of this potential rulemaking. Current TSA regulations {6 CFR 37.5(b)} state that:

“On or after May 7, 2025, Federal agencies shall not accept a driver’s license or identification card for official purposes from any individual unless such license or card is a REAL ID–compliant driver’s license or identification card issued by a State that has been determined by DHS to be in full compliance as defined under this subpart.”

While that date has been pushed back a couple of times now, I suspect that this rulemaking is going to deal with how that ‘new’ requirement is going to be ‘phased in’.

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.