[Federal Register Volume 87, Number 77 (Thursday, April 21, 2022)]
[Notices]
[Pages 23878-23879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08509]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2022-0018]


Agency Information Collection Activities: REAL ID Applicant 
Information and Documentation

AGENCY: Department of Homeland Security (DHS).

ACTION: 60-Day notice and request for comments.

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SUMMARY: The Department of Homeland Security, will submit the following 
Information Collection Request (ICR) to the Office of Management and 
Budget (OMB) for review and clearance in accordance with the Paperwork 
Reduction Act of 1995.

DATES: Comments are encouraged and will be accepted until June 21, 
2022. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: You may submit comments, identified by docket number Docket 
#DHS-2022-0018 at:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Please follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number Docket #DHS-2022-0018. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

SUPPLEMENTARY INFORMATION: The REAL ID Act of 2005 (the Act) prohibits 
Federal agencies from accepting State-issued drivers' licenses or 
identification cards for any official purpose--defined in the Act and 
regulations to include accessing federal facilities, boarding federally 
regulated commercial aircraft, and entering nuclear power plants--
unless the license or card is issued by a State that meets the 
requirements set forth in the Act. The REAL ID regulations, which DHS 
issued in January 2008, establish the minimum standards that States 
must meet to comply with the Act. DHS has a separate collection of 
information related to DHS interaction with States, e.g., State 
certification (see OMB Control No. 1601-0005). By contrast to that 
collection of information, this collection of information relates to 
the States' collection of information from driver's license applicants.

Initial Information and Documentation

    The Act and regulations also prescribe the documents and 
information an individual must present as proof of identity and lawful 
status when applying for a REAL ID compliant license or identification 
card. This includes information and documentation establishing a 
person's identity, date of birth, social security number, residence 
address, and evidence of U.S. citizenship or lawful status in the 
United States. Additionally, states may permit an applicant to 
establish a name other than the name that appears on a source document 
but must require evidence of the name change through presentation of 
documents issued by a court, governmental body or other entity as 
determined by the state. The costs of these activities are one-time 
costs because they accrue as part of the initial issuance process only.

Reissuance and Renewal

    With certain exceptions, the REAL ID regulations generally permit 
an applicant to renew or obtain a reissued replacement REAL ID license 
or identification card remotely and without presenting additional 
documentation or information. States may not, however, remotely renew 
or reissue a replacement license or identification card where there has 
been a material change in any personally identifiable information since 
the prior issuance. In such cases, an applicant must present 
documentation establishing the material change. The regulations also 
require applicants to renew their REAL ID licenses and identification 
cards in-person at least once every sixteen years. Additionally, 
holders of temporary or limited-term REAL ID driver's licenses and 
identification cards must present evidence of continued lawful status 
when renewing their license or identification card.
    In addition to requiring applicants to present certain identity and 
lawful status documentation and information as described in paragraph 1 
above, the REAL ID Act and regulations require states to verify and 
retain copies of that information. These requirements help states to 
ensure the authenticity of an applicant's information and reduce 
opportunities for fraud in the application and document issuance 
process. The regulations specifically require states to verify identity 
and lawful status information and documentation presented by an 
applicant to ensure (1) the source document provided is genuine and has 
not been altered (``document authentication''), and (2) the identity 
data contained on the document is valid (``data verification''). States 
must verify documents and information provided by an applicant with the 
issuer of the document and use electronic validation systems as they 
become available for use. For example, to verify an applicant's lawful 
status in the United States, the regulations require states to verify a 
document issued by the Department of Homeland Security through the use 
of the Systematic Alien Verification for Entitlements (SAVE) system or 
alternate method approved by DHS. Similarly, states must verify 
documents issued by the U.S. Department of State, including U.S. 
passports, with the Department of State, social security information 
with the Social Security Administration, and birth certificates using 
the Electronic Verification of Vital Events (EVVE) system or other 
electronic system when the records are available. The regulations also 
require state department of motor vehicle employees who are involved in 
the handling of an applicant's source documents or who are engaged in 
the issuance of driver's licenses and identification cards to undergo 
periodic fraudulent document recognition training and security 
awareness training. The Act and regulations also require states to 
retain copies of the application, declaration, and source documents, 
including documents establishing name changes for either seven years or 
ten years depending on whether the documents

[[Page 23879]]

are retained electronically or in paper format.
    Applicants for REAL ID licenses and identification cards generally 
submit their documentation and information in-person at a state DMV 
office. During the application process the state will review and make 
copies of an applicant's information, collect the completed 
application, take the applicant's photograph, and obtain a declaration 
that the information presented is true and correct. Although this 
transaction generally occurs in-person, DHS has provided guidance 
authorizing states to allow applicants to pre-submit identity and 
lawful status source documents through a secure electronic process in 
advance of an in-person DMV visit at which time the applicant would 
physically present those same documents for authentication and 
verification by DMV personnel. States that utilize this process have 
indicated that it helps to ensure an applicant has the correct 
information and reduces customer wait times by allowing the state to 
electronically copy the information in advance of the visit.
    In December 2020, Congress enacted the REAL ID Modernization Act, 
which includes provisions that would allow states to accept applicant 
information through electronic transmission methods following the DHS 
issuance of regulations and state certification that they comply with 
those regulations. DHS is in the process of developing regulations to 
implement this provision, which when implemented by the state could 
help to reduce the burden's associated with an in-person DMV visit to 
obtain a REAL ID compliant license or identification card.
    The information collection discussed in this analysis applies to 
applicant's for REAL ID licenses and identification cards. Therefore, 
it is DHS's belief that the information collection does not have a 
significant impact on a substantial number of small businesses.
    Without the presentation, verification, and retention of applicant 
identity and lawful status documentation and information, states would 
be unable to comply with REAL ID requirements. As a consequence, 
individuals would be unable to use their state-issued driver's license 
or identification card for REAL ID official purposes.
    The Office of Management and Budget is particularly interested in 
comments which:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    2. Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.

Analysis

    Agency: Department of Homeland Security (DHS).
    Title: REAL ID Applicant Information and Documentation.
    OMB Number: 1601-NEW.
    Frequency: Annually.
    Affected Public: Public.
    Number of Respondents: 89,958,000.
    Estimated Time per Respondent: 2.42.
    Total Burden Hours: 34,887,000.

Robert Dorr,
Acting Executive Director, Business Management Directorate.
[FR Doc. 2022-08509 Filed 4-20-22; 8:45 am]
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