Senate issues revision to Real ID

17 June 2009

 

A revised version of the 2005 Real ID Act has been introduced in the US Senate.

The revision –  the Providing for Additional Security in States’ Identification (Pass ID) Act of 2009 – has been proposed by six senators (five Democratic and one Republican), and is supported by the National Conference of State Legislatures (NCSL), the National Governors Association (NGA) and the US Department of Homeland Security (DHS).

It is being introduced against a backdrop of opposition to the 2005 bill, which was signed into law by former President Bush. This was deemed controversial because of the costs associated with it – estimated to be as high as US$12 billion – and concerns that it could be a national ID card via thebackdoor.

Although Real ID was signed into law to meet the recommendations of the 9/11 Commission on terrorism, more than 20 states have so far passed measures either rejecting or opposing it. Opponents to the bill included Janet Napolitano, who as governor of Arizonaobjected to Real ID, and as secretary of Homeland Security asked for some viable options.

Supporters of the proposed Pass ID Act say it will limit the official purposes for which a Pass ID credential would be required, compared with Real ID, which has no such restrictions. It eliminates the requirement that all state driving licence databases be linked to each other and be electronically accessible by other states.

States will also only have to validate credentials rather than authenticate them. In addition, the amount of information stored in the machine-readable portion of the licence will be limited

The proposed Pass ID sets out minimum standards for issuing driving licences, such as the need for issuing agencies to ensure that all applicants have credentials establishing their identity, age, principal residence, US citizenship or proper legal status in the US.

It also requires states to establish processes for vetting the credentials presented by applicants, and to periodically check the legal status of individuals who have been issued licences but are not US citizens.

Issuing agencies will have to store digital photos of the individuals to whom driving licences have been issued, as well as digital or paper copies of all supporting documents.

Individuals will eventually need Pass ID-compliant licences to board commercial aircraft or access federal facilities, such as those associated with defence or national security.

However, the new bill has not been met with universal approval. Janice Kephart, director of National Security Policy at the Center for Immigration Studies, points out that: “While no state is required to comply, the 30 or so states that are choosing to actively meet Real ID minimum standards are helping make America less vulnerable… The reality is that Real ID balances liberty and security by protecting legitimate applicants from fraud; states from bad drivers, criminals, and government waste; and federal interests in commercial airport and critical infrastructure security.”

In a backgrounder entitled ‘Repealing Real ID? Rolling Back Driver’s License Security’, Kephart comments: “There is no need to repeal REAL ID. 17 states have publicly stated their commitment to implementing Real ID, while some are preparing to solicit the DHS for a designation as compliant with the first 18 benchmarks. Deadline for this ‘first tier’ compliance under current law is January 1, 2010. More states are working towards compliance, but due to political pressure have decided to keep their compliance efforts discrete. One outcome of Pass ID would be that those states that have Real ID authorization language in place will be forced to abandon that legislation and begin a new authorization and budget cycle.

“Not only would the Pass ID legislation introduce confusion into an ongoing implementation process and repeal 9/11 Commission identity verification recommendations, but it would also give states money without accountability, repeal airport identity security, and eliminate information-sharing between states. Congress should preserve Real ID, fund it adequately, and take steps to ensure its full implementation.”