Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes, 1601-0005, 65601-65603 [2022-23630]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Notices]
[Pages 65601-65603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23630]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2022-0019]


Minimum Standards for Driver's Licenses and Identification Cards 
Acceptable by Federal Agencies for Official Purposes, 1601-0005

AGENCY: Department of Homeland Security (DHS).

ACTION: 30-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. DHS previously published this information 
collection request (ICR) in the Federal Register on Monday, April 25, 
2022, for a 60-day public comment period and there was one comment 
received by DHS. The purpose of this notice is to allow additional 30-
days for public comments.

DATES: Comments are encouraged and will be accepted until November 30, 
2022. This process is conducted in accordance with 5 CFR 1320.10.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

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 by the Act and 
regulations as boarding commercial aircraft, accessing federal 
facilities, or entering nuclear power plants--unless the license or 
card is issued by a State that meets the requirements set forth in the 
Act. Title II of Division B of Public Law 109-13, codified at 49 U.S.C. 
30301 note. The REAL ID regulations, which DHS issued in January 2008, 
establish the minimum standards that States must meet to comply with 
the Act. See 73 FR 5272, also 6 CFR part 37 (Jan. 29, 2008). These 
include requirements for presentation and verification of documents to 
establish identity and lawful status, standards for document issuance 
and security, and physical security requirements for driver's license 
production facilities. For a State to achieve full compliance, the 
Department of Homeland Security (DHS) must make a final determination 
that the State has met the requirements contained in the regulations 
and is compliant with the Act. The regulations include new information 
reporting and record keeping requirements for States seeking a full 
compliance determination by DHS. As discussed in more detail below, 
States seeking DHS's full compliance determination must certify that 
they are meeting certain standards in the issuance of driver's licenses 
and identification cards and submit security plans covering physical 
security of document production and storage facilities as well as 
security of personally identifiable information. 6 CFR 37.55(a). States 
also must conduct background checks and training for employees involved 
in the document production and issuance processes and retain and store 
applicant photographs and other source documents. 6 CFR 37.31 and 
37.45. States must recertify compliance with REAL ID every three years 
on a rolling basis as determined by the Secretary of Homeland Security. 
6 CFR 37.55.

Certification Process Generally

    Section 202(a)(2) of the REAL ID Act requires the Secretary to 
determine whether a State is meeting its requirements, ``based on 
certifications made by the State to the Secretary.'' To assist DHS in 
making a final compliance determination, 37.55 of the rule requires the 
submission of the following materials:
    (1) A certification by the highest level Executive official in the 
state overseeing the DMV that the state has implemented a program for 
issuing driver's licenses and identification cards in compliance with 
the REAL ID Act.
    (2) A letter from the Attorney General of the State confirming the 
State has the legal authority to impose requirements necessary to meet 
the standards.
    (3) A description of a State's exceptions process to accept 
alternate documents to establish identity and lawful status and wavier 
process used when conducting background checks for individuals involved 
in the document production process.
    (4) The State's security plan.
    Additionally, after a final compliance determination by DHS, states 
must recertify compliance every three years on a rolling basis as 
determined by DHS. 6 CFR 37.55(b).
    State REAL ID programs will be subject to DHS review to determine 
whether the state meets the requirements for compliance. States must 
cooperate with DHS's compliance review and provide any reasonable 
information requested by DHS relevant to determining compliance. Under 
the rule, DHS may inspect sites associated with the enrollment of 
applicants and the production, manufacture, personalization, and 
issuance of driver's licenses or identification cards. DHS also may 
conduct interviews of employees and contractors involved in the 
document issuance, verification, and production processes. 6 CFR 
37.59(a).

[[Page 65602]]

    Following a review of a State's certification package, DHS may make 
a preliminary determination that the State needs to take corrective 
actions to achieve full compliance. In such cases, a State may have to 
respond to DHS and explain the actions it took or plans to take to 
correct any deficiencies cited in the preliminary determination or 
alternatively, detail why the DHS preliminary determination is 
incorrect. 6 CFR 37.59(b).

Security Plans

    In order for States to be in compliance with the Act, they must 
ensure the security of production facilities and materials and conduct 
background checks and fraudulent document training for employees 
involved in document issuance and production. REAL ID Act sec. 
202(d)(7)-(9). The Act also requires compliant licenses and 
identification cards to include features to prevent tampering, 
counterfeiting, or duplication. REAL ID Act sec. 202(b). To document 
compliance with these requirements the regulations require States to 
prepare a security plan and submit it as part of their certification 
package. 6 CFR 37.41. At a minimum, the security plan must address 
steps the State is taking to ensure:
     the physical security of production materials and storage 
and production facilities;
     security of personally identifiable information maintained 
at DMVs including a privacy policy and standards and procedures for 
document retention and destruction;
     document security features including a description of the 
use of biometrics and the technical standards used;
     facility access control including credentialing and 
background checks;
     fraudulent document and security awareness training;
     emergency response;
     internal audit controls; and
     an affirmation that the State possesses the authority and 
means to protect the confidentiality of REAL ID documents issued in 
support of criminal justice agencies or similar programs.
    The security plan also must include a report on card security and 
integrity.

Background Checks and Waiver Process

    Within its security plans, the rule requires States to outline 
their approach to conducting background checks of certain DMV employees 
involved in the card production process. 6 CFR 37.45. Specifically, 
States are required to perform background checks on persons who are 
involved in the manufacture or production of REAL ID driver's licenses 
and identification cards, as well as on individuals who have the 
ability to affect the identity information that appears on the driver's 
license or identification card and on current employees who will be 
assigned to such positions. The background check must include a name-
based and fingerprint-based criminal history records check, an 
employment eligibility check, and for newer employees a prior 
employment reference check. The regulation permits a State to establish 
procedures to allow for a waiver for certain background check 
requirements in cases, for example, where the employee has been 
arrested, but no final disposition of the matter has been reached.

Exceptions Process

    Under the rule, a State DMV may choose to establish written, 
defined exceptions process for persons who, for reasons beyond their 
control, are unable to present all necessary documents and must rely on 
alternate documents to establish identity, and date of birth. 6 CFR 
37.11(h). Alternative documents to demonstrate lawful status will only 
be allowed to demonstrate U.S. citizenship. The State must retain 
copies or images of the alternate documents accepted under the 
exceptions process and submit a report with a copy of the exceptions 
process as part of its certification package.

Recordkeeping

    The rule requires States to maintain photographs of applicants and 
records of certain source documents. Paper or microfiche copies of 
these documents must be retained for a minimum of seven years. Digital 
images of these documents must be retained for a minimum of ten years. 
6 CFR 37.31.

Extension Requests

    Pursuant to 37.63 of the Final Rule, States granted an initial 
extension may file a request for an additional extension. Subsequent 
extensions will be granted at the discretion of the Secretary.

Issuance Data

    To assist in program administration and enforcement planning 
efforts, DHS is requesting data from the states describing (1) the 
total number of driver's license/identification card holders in the 
state, (2) the total number of REAL ID compliant licenses and 
identification cards issued by the state, and (3) the total number of 
noncompliant licenses and identification cards issued by the state.
    The collection of the information will support the information 
needs of DHS in its efforts to determine state compliance with 
requirements for issuing REAL ID driver's licenses and identification 
cards. States may submit the required documents in any format that they 
choose. DHS has not defined specific format submission requirements for 
states. DHS will use all of the submitted documentation to evaluate 
State progress in implementing the requirements of the REAL ID Final 
Rule. DHS has used information provided under the current collection to 
grant extensions and track state progress. Collection of the issuance 
data will help DHS and other federal agencies in planning for full 
enforcement.
    Submission of the security plan helps to ensure the integrity of 
the license and identification card issuance and production process and 
outlines the measures taken to protect personal information collected, 
maintained, and used by state DMVs. Additionally, the collection will 
assist other Federal and State agencies conducting or assisting with 
necessary background and immigration checks for certain employees. The 
purpose of the name-based and fingerprint based CHRC requirement is to 
ensure the suitability and trustworthiness of individuals who have the 
ability to affect the identity information that appears on the license; 
have access to the production process; or who are involved in the 
manufacture or issuance of the licenses and identification cards.
    In compliance with GPEA, States will be permitted to electronically 
submit the information for their security plans, certification 
packages, recertifications, extensions, written exceptions processes, 
and issuance data. States will be permitted to submit electronic 
signatures but must keep the original signature on file. Additionally, 
because they contain sensitive security information (SSI), the security 
plans must be handled and protected in accordance with 49 CFR part 
1520. 6 CFR 37.41(c). The final rule does not dictate how States must 
submit their employees' fingerprints to the FBI for background checks; 
however it is assumed States will do so via electronic means or another 
means determined by the FBI.
    The information collection discussed in this analysis applies to 
states, state agencies, and certain employees involved in the card 
production process. Therefore, it is DHS's belief that the information 
collection does not have a significant impact on a substantial number 
of small businesses.

[[Page 65603]]

    In accordance with the regulations, submission of certification 
materials and security plans will assist DHS in determining full 
compliance. DHS may also review documents, audit processes, and conduct 
inspections. Failure to make a compliance determination would prevent 
state-issued licenses and identification cards from being used for 
official purposes, which includes boarding commercial aircraft and 
accessing federal facilities. Additional requirements for 
recordkeeping, document retention and storage, as well as background 
checks for certain employees help to ensure the integrity of the card 
production and issuance process and will assist DHS during audits or 
inspections of a state's processes. Submission of issuance data will 
assist DHS in evaluating individual state and the overall issuance rate 
of REAL IDs, which will help in enforcement planning efforts.
    Information provided will be protected from disclosure to the 
extent appropriate under applicable provisions of the Freedom of 
Information Act, the Privacy Act of 1974, the Driver's Privacy 
Protection Act, as well as DHS's Privacy Impact Assessment for the REAL 
ID Act.
    There has been no program changes or new requirements established 
as a result of this collection request.
    Extensions were covered in the initial request however it was 
incorrectly removed from the subsequent request.
    The submission of issuance data by the states was not included in 
the original ICR or its subsequent renewals or updates.
    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: Minimum Standards for Driver's licenses and Identification 
Cards Acceptable by Federal Agencies for Official Purposes.
    OMB Number: 1601-0005.
    Frequency: Annually.
    Affected Public: State, Local, Tribal Government.
    Number of Respondents: 56.
    Estimated Time per Respondent: 1.
    Total Burden Hours: 444,134.

Kalinka Cihlar,
Deputy Executive Director, Business Management Directorate.
[FR Doc. 2022-23630 Filed 10-28-22; 8:45 am]
BILLING CODE 9112-FL-P