Washington, D.C. - A bipartisan coalition of U.S. Senators today introduced a bill that would implement the 9/11 Commission's recommendation to enhance the security of driver's licenses while reforming and resolving many of the troubling aspects of the REAL ID Act, passed in 2005.

Senators Daniel K. Akaka (D-Hawaii) and George V. Voinovich (R-Ohio) introduced the Providing for Additional Security in States' Identification Act of 2009 (PASS ID) with Senators Patrick J. Leahy (D-Vermont), Jon Tester (D-Montana), Max Baucus (D-Montana), and Tom Carper (D-Delaware) as original cosponsors.  The legislation has the support of the U.S. Department of Homeland Security (DHS), the National Governors Association (NGA) and National Council of State Legislators, and privacy and civil liberties groups.  The legislation is expected to be taken up by the Senate Homeland Security and Governmental Affairs Committee next month. 

Senator Akaka said: "The PASS ID Act does exactly what the 9/11 Commission recommended: it sets strong security standards for the issuance of identification cards and driver's licenses.  What it does not do is go far beyond that recommendation by requiring the collection of Americans' personal information and storing it in a centralized repository accessible by any State DMV.  REAL ID called for all States to store copies of individuals' documents such as birth certificates and their photographs in databases and to provide all other State Departments of Motor Vehicles with access to that information.  REAL ID did not require any privacy protection of these State databases, which would contain massive amounts of personal information.  These databases could provide one-stop shopping for identity thieves and the backbone for a national identification database.  PASS ID addresses those privacy and costs concerns while providing the ID security called for by the 9/11 commission." 

"Safety and security are two of my top priorities in this post 9/11 era," said Senator Voinovich. "In 2004, the bipartisan 9/11 Commission recommended that the federal government set standards for driver's licenses but left to Congress what those standards should be.  After hearing numerous concerns from state and local officials about the standards established in the REAL ID Act, I believe we must address those concerns.  The PASS ID Act sets standards for the issuance of drivers licenses, as recommended by the 9/11 Commission, but does so in a way that takes into account States' needs and capabilities."

Congress passed the REAL ID Act (REAL ID) on May 11, 2005, as part of the conference agreement for the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act (P.L. 109-13) without hearings or formal vetting of the proposal in the Senate.  It established requirements for state-issued driver's licenses that must be met in order for them to be accepted as identification by the Federal Government.  The current requirements have proven to be unworkable and overly burdensome for States.

The PASS ID Act would enhance the security and integrity of driver's licenses and identification cards while addressing the concerns the States have with the REAL ID Act.  The PASS ID Act was developed in conjunction with the NGA, DHS and other stakeholders.

A report based on a nation-wide survey of state Department of Motor Vehicles (DMV) agencies concluded in September 2006 that compliance with REAL ID would cost more than $11 billion over five years, would have a negative impact on DMV services, and would impose unrealistic burdens on States to comply with the Act.  As a result, according to the NGA, 12 States have enacted laws prohibiting compliance with REAL ID and several others have anti-REAL ID legislation pending.

Due to the delay in issuing regulations and because of State's concerns with the Act, DHS granted all States an extension of the Act's May 2008 compliance deadline until December 31, 2009.  States may request an extension until 2011 if "material compliance" has been reached, and full implementation is required by December 2017.

All States have made progress in improving identification security, but many are unable or unwilling to fully implement REAL ID.  PASS ID is an attempt to move beyond the current dispute between States and the federal government.  Creating a framework that all States can embrace will greatly enhance overall identification security. 

PASS ID Retains Security While Eliminating Unworkable Aspects of the REAL ID Act

• PASS ID would eliminate current provisions in the REAL ID Act (specifically, Title II) and would replace it with legislation based on the REAL ID Act, without the provisions that burdened States without adding significant security.
• PASS ID is fully consistent with the 9/11 Commission recommendation that "The federal government should set standards for the issuance of birth certificates and sources of identification, such as drivers' licenses."
• PASS ID increases security by facilitating participation of all jurisdictions by addressing States' largest concerns with REAL ID, making it possible for States with anti-REAL ID laws to come into compliance.
• PASS ID strengthens the protection of personally identifiable information.

Highlights of Changes

• The PASS ID Act was written as the original Act should have been, with States, DHS, interest groups, and Congress all at the table.
• The PASS ID Act will allow States to begin issuing compliant licenses more in line with their current renewal and issuing cycle times by requiring date-forward issuing starting no later than one year after the completion of regulations. Five years after the States begin issuing compliant licenses, federal agencies would not be allowed to accept licenses that are not compliant for any official purpose. If enacted promptly, PASS ID Act would speed the timeline for full compliance.
• Electronic verification of certain documents and information by DMV's is not practical and significantly increases the cost and implementation timeframe for REAL ID. With the exception of Social Security numbers and immigration status, the necessary electronic systems are not in place, so the PASS ID Act would eliminate the need to develop costly new data systems that raise significant fiscal and privacy concerns without markedly increasing security. States will still be required to validate the authenticity of all source documents and to electronically verify immigration status and social security numbers through the SAVE and SOLVE databases. This provision is critical to ensuring 50-state participation in PASS ID.
• Electronic record retention and state-to-state information sharing - REAL ID requires States to electronically store identity source documents and to provide all other States access to the information. This significantly increases the cost of REAL ID and creates serious privacy and data protection concerns. PASS ID would allow States to store electronic or paper copies of source documents, and would eliminate the information sharing requirement. Instead, the proposal would establish a pilot program for state-to-state driver's license information sharing to evaluate the costs associated with such an electronic system, as well as the necessary governance structure, security, and privacy measures.
• Costs - PASS ID establishes the State Driver's License Enhancement Grant Program as a formula grant to help defray States' costs, with one third allocated under the discretion of the Secretary, two thirds allocated based on the number of licenses and IDs issued in each state, and each state guaranteed a minimum of 0.35 percent. Additionally, PASS ID would prohibit the federal government from charging States for using the SAVE and SOLVE databases to implement PASS ID. Finally, by providing States greater flexibility in how they meet federal requirements, for example by clarifying that photographs may be taken when an application for state identification is submitted rather than when a person enters the DMV, the bill will significantly reduce States' compliance cost and lessen the burden of unfunded mandates.
• Privacy - Strengthens privacy protections by requiring procedures to prevent the unauthorized access to or sharing of information; requires public notice of privacy policies; and establishes a redress process for individuals to correct their records. The Act also prohibits the scanning and storing or sharing the information on a machine readable zone of any license. It would also not preempt State privacy laws.

What Does Not Change Under PASS ID

• Individuals still will need to prove that they are lawfully present in the United States to the same extent that the original REAL ID Act called for. Technical changes recommended by DHS have been included to make PASS ID conform to existing immigration law, which the current REAL ID Act never did.
• Individuals will still only be allowed to possess one compliant form of identification that can be used for boarding aircraft and entering certain secure federal buildings. Many States already require this.
• Like REAL ID, PASS ID puts four major documentation requirements in place in order for an individual to obtain a PASS ID:
• 1. A photo identity document.
• 2. Documentation showing the person's date of birth.
• 3. Proof of the person's social security account number (verified electronically).
• 4. Documentation showing the person's name and address of principal residence.

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