The Transportation Security Administration is ensuring that mobile driver’s licenses can continue to be used in federal buildings and at security checkpoints when REAL ID enforcement begins next year.

Under a finale ruler Published today in the Federal Register, TSA will allow each state to request a temporary waiver of certain 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 next May.

“The waiver established by this rule allows federal agencies to accept such mDLs for official purposes, defined in the REAL ID Act as access to federal facilities, entry into nuclear power plants, boarding aircraft, etc. federally regulated commercial aircraft and for such other purposes as the Secretary (of Homeland Security) directs. shall determine,” the rule states. “Any federal agency that chooses to accept mDLs for official purposes must obtain a reader in order to receive an individual’s identity data.

The TSA will grant a temporary waiver to states whose mobile driver’s licenses “provide sufficient security and privacy safeguards, 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.

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

The TSA had previewed 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 these states.

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

“Gradual approach” to REAL ID

The TSA also released a proposed rule this would allow federal agencies to “implement map-based enforcement provisions through a phased enforcement plan.”

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

The phased approach accounts for what the TSA anticipates will be a “last-minute surge in demand for REAL IDs” ahead of the May 7 deadline. The increases could “overwhelm states and result in backlogs and delays in issuance of REAL IDs,” the TSA wrote in the proposed rule.

The rule would allow agencies to phase in REAL ID requirements over two years starting next May. Agencies would be able to enforce the requirements “in a manner that reduces potential disruptions to operations, reduces negative impact on the public, and promotes a smooth transition to full map-based enforcement and increased benefits in REAL ID security.

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

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

Comments on the proposed rule were due October 15.

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