Federal Register - May 3, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
authorize, but do not require, federal agencies to accept these non-compliant cards until the end of May 2, 2023.10
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B. Progress Towards Full Implementation Since its enactment in 2005, DHS has worked with the states to implement the requirements of the REAL ID Act. DHS
has provided funding, technical assistance, outreach, and engagement.
DHS has awarded over $263 million in grant funding to assist in enhancements to drivers license security programs.11
Additionally, technical infrastructure to support systems to verify applicant information is being used by the states, which is a key security component of the Act and regulation. DHS, the states, and other stakeholders have conducted broad outreach and engagement to inform the public of REAL ID
requirements and upcoming enforcement deadlines. A central and continuing goal has been to simplify the process and to make the various requirements easier to navigate, with the aim of reducing all relevant burdens and of promoting equity.12
These efforts have yielded significant progress towards full REAL ID
implementation. Fifty-five of the 56
jurisdictions subject to REAL ID have achieved compliance with the REAL ID
standards and are currently issuing REAL ID-compliant licenses and identification cards. Based on REAL ID
data compiled by compliant states, DHS
estimates that compliant states, territories and the District of Columbia have issued approximately 119 million compliant licenses and cards, which represent approximately 43 percent of the population eligible for these documents.13 Data from the states also indicates that states have issued approximately 90 million noncompliant marked licenses and identification cards and approximately 64 million individuals still have legacy licenses without any markings that were issued before a states compliance determination. At the current 0.5
percent REAL ID issuance rate, DHS
estimates that approximately 46 percent 10 See 84 FR 55017 Oct. 15, 2019 and 85 FR
23205 Apr. 27, 2020 codified at 6 CFR 37.5
clarifying that the October 1, 2021 deadline by which Federal agencies may no longer accept noncompliant drivers licenses and identification cards for official purposes applies to all non-compliant cards, including state-issued drivers licenses and identification cards marked to indicate that they may not be used for official Federal purposes.
11 Secure Identification State Progress ReportFiscal Year 2012 Report to Congress.
12 See E.O. 13707, Using Behavioral Science Insights to Better Serve the American People, 80 FR
56365 published Sept. 18, 2015.
13 Based on REAL ID issuance data voluntarily submitted monthly to DHS by the compliant states.
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of the population eligible for a REAL ID
license will have one by the current October 1, 2021 full enforcement date.
The remainder of the population would need another acceptable form of identification, where identification is required for REAL ID official purposes, including for use as identification at TSA airport security checkpoints.14
DHS has increased its level of outreach and engagement to the public and other REAL ID stakeholders, including airlines, airports, and others in the travel industry. Through these engagements, DHS has received useful feedback regarding the challenges of fully implementing REAL ID ahead of the October 1, 2021, card-based enforcement deadline.
DHS also has been working with the states and other stakeholders to identify ways to modernize the REAL ID
application process and to reduce complexity and burdens. For example, DHS issued a request for information RFI on November 7, 2019, seeking input from the public, states, private sector entities and other interested stakeholders on ways to improve, streamline, and reduce burdens associated with the current application process through the use of new capabilities and technologies in addition to other modifications to existing application requirements.15 The RFI yielded more than 100 proposals that included suggestions for streamlining the application and issuance process by authorizing the submission of REAL ID applications and identity information through secure electronic or digital transmission methods. Following consideration of these proposals, DHS worked with Congress to enact the REAL ID
Modernization Act, which includes a provision that would authorize states to accept REAL ID applicant information through electronic transmission methods following the issuance of regulations by DHS.16
14 Although a significant segment of the population may not currently possess a REAL ID, they may have other forms of identification acceptable for official purposes e.g., a U.S.
passport, U.S. passport card, or military identification.
15 84 FR 60104 Nov. 7, 2019. This RFI is unrelated to a subsequent RFI issued on April 19, 2021, which seeks information to inform a rulemaking to amend the REAL ID implementing regulation, 6 CFR part 37, to address security standards and requirements for the issuance of mobile or digital drivers licenses and identification cards to enable Federal agencies to accept these credentials for official purposes as defined in the REAL ID Act and regulation. 86 FR 20320 Apr. 19, 2021.
16 The REAL ID Modernization Act, Title X, Div.
U of the Consolidated Appropriations Act, 2021, Public Law 116260 Dec. 27, 2020.
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C. Coronavirus Disease 2019 COVID
19
Coronavirus Disease 2019 COVID
19, a communicable disease caused by a new novel coronavirus named SARSCoV2, is a respiratory disease that can cause fever, cough, and difficulty breathing, with reported illnesses ranging from mildly symptomatic to severe illness and death.
DHS continues to monitor and respond to the COVID19 pandemic. As of April 19, 2021, there have been over 140
million confirmed cases globally, with over 3 million confirmed deaths.17 In the United States, there have been over 31 million reported cases with over 563,000 reported deaths.18
On January 31, 2020, the Secretary of the Department of Health and Human Services declared a nationwide public health emergency under section 319 of the Public Health Service Act, 42 U.S.C.
274d, as a result of confirmed cases of COVID19.19 On March 11, 2020, the World Health Organization announced that the COVID19 outbreak can be characterized as a pandemic. On March 13, 2020, the President determined that the ongoing COVID19 pandemic is of sufficient severity and magnitude to warrant an emergency determination under section 501b of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 51215207. In addition, on March 13, 2020, the President declared a national emergency under sections 201 and 301 of the National Emergencies Act, 50 U.S.C.
1601 et seq.20 More recently, on January 27, 2021, the Acting Secretary of Homeland Security issued a Secretarial Determination of National Emergency.
Moreover, state and local jurisdictions throughout the United States continue to engage in various social distancing practices and other efforts to reduce and mitigate against further spread of COVID19, including closing or reducing service times at government offices and by accepting in-person visits by appointment only.
17 WHO, Coronavirus disease 2019 COVID19
Weekly Epidemiological Update March 3, 2021, available at https covid19.who.int.
18 CDC, COVID Data Tracker accessed March 3, 2021, available at https covid.cdc.gov/covid-datatracker/.
19 HHS, Determination that a Public Health Emergency Exists, https www.phe.gov/
emergency/news/healthactions/phe/Pages/2019nCoV.aspx.
20 Proclamation 9994 of Mar. 13, 2020 on Declaring a National Emergency Concerning the Novel Coronavirus Disease COVID19 Outbreak, 85 FR 15337 Mar. 18, 2020.
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