REAL ID, REAL PROBLEMS

Like so much Congress has done in the name of improved security after 9/11, the Real ID Act is an overreaching measure that will burden states with minimal benefit. A growing chorus of states and national organizations concerned about the act’s looming deadline, lack of federal funding and guidance should prompt Congress to reconsider the act.

In its report, the 9/11 Commission noted that all but one of the hijackers had obtained some form of U.S. identification document, some fraudulently. These presumably made it easier for them to board planes, rent cars and carry out other activities as part of their plot. As a result, the commission recommended that the federal government should set standards for birth certificates, driver’s licenses and other identification materials.

As part of the 9/11 Commission Implementation Act, which Sen. Susan Collins sponsored, a committee was created to develop uniform minimum standards for identification materials. Maine Secretary of State Matthew Dunlap served on the committee as a representative of the National Governors Association.

The committee was making progress on what documents should be required as proof of identity to issue a driver’s license, how often licenses should expire and the like.

It was then disbanded by Congress, which superceded its work with passage of the Real ID act, which was tacked onto a military funding and tsunami relief bill.

The act required licenses that contain machine-readable technology and are valid for eight years. Fraudulent-document training is required for state department of motor vehicle employees. All of this must be in place by May 2008, with minimal federal financial assistance.

While ensuring that people don’t use fraudulent documents to get licenses is a worthwhile endeavor, requiring more than 200 million Americans to get a new, standardized, electronically readable ID within less than two years is unnecessary and, according to state officials, impossible.

The National Governors Association, National Conference of State Legislatures (NCSL) and the American Association of Motor Vehicle Administrators recently released a report calling the requirements “unworkable and counterproductive.” Instead, the NCSL suggests that federal government decide which states have the best systems for document verification and license requirements and help other states adopt these practices.

The conference rightly points out that it is the federal government’s job compile timely, accurate immigration records. Without access to verifiable data about a person’s immigration status, states will not be able to meet the Real ID requirements.

Several states, including New Hampshire, are considering ways to opt out of Real ID. Federal officials have warned that IDs issued in states that don’t comply with the law won’t be accepted to board airplanes or enter federal buildings. Others, including Maine, are taking steps to improve the security of driver’s licenses. Legislators recently passed a bill outlawing the use of expired foreign documents as proof of identity when applying for a Maine driver’s license.

At a minimum, the deadline for compliance should be extended. Better yet, Congress should make Real ID more realistic by building on the best state models, not superceding them.