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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 Transportation Security Administration (TSA) develops comprehensive regulatory requirements for REAL ID-compliant mDLs.  This rule is proposing to add new mDL definitions to 6 CFR part 37 (REAL ID 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, TSA 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. The Department of Homeland Security (DHS) solicited public participation in the development of requirements in this rulemaking through a request for information published in April 2021, including two extensions of the comment period.  As part of this public engagement, DHS also held a virtual public meeting on June 30, 2021, to discuss the purposes of the rulemaking and provide an additional forum of comments by stakeholders and other interested persons.

Effective May 22, 2023, authority to administer the REAL ID program was delegated from the Secretary of Homeland Security to the Administrator of TSA pursuant to DHS Delegation No. 7060.02.1.

Statement of Need:

This rulemaking is necessary to implement authority under the REAL ID Modernization Act, which clarified that REAL ID requirements apply to mDLs issued in accordance with regulations prescribed by the Secretary. The rule would enable continued mDL acceptance when REAL ID enforcement begins in 2025.

Anticipated Costs and Benefits:

TSA anticipates that States, TSA, and some Federal agencies will incur costs associated with using mDLs. States incur costs to submit waiver applications, TSA incurs costs to administer the waiver program, and Federal agencies that choose to accept mDLs for official purposes incur costs to implement mDL acceptance.  TSA anticipates benefits for all stakeholders, including increased convenience, security, privacy, and health benefits from contact-free identity verification.