Notice2022-08509
Agency Information Collection Activities: REAL ID Applicant Information and Documentation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 21, 2022
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 77 (Thursday, April 21, 2022)</title>
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[Federal Register Volume 87, Number 77 (Thursday, April 21, 2022)]
[Notices]
[Pages 23878-23879]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
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]
BILLING CODE 9112-FL-P
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</html>Indexed from Federal Register on April 21, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.