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.

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.