pinkmandy
01-12-2009, 10:43 AM
Dangerous ID Challenged
HB 1587, which would prevent Virginia from formally co-operating with the federal government’s Real ID card if it would “compromise the economic privacy or biometric data of any resident of the Commonwealth” has been assigned to the House Militia and Police Committee. (http://leg1.state.va.us/cgi-bin/legp504.exe?091+com+H15)
The Real ID Act has raised informed citizen opposition because of privacy concerns, significant costs, the issue of a National ID card, firearms purchases, placing domestic violence victims in danger, third-party access to your identity data and/or personal documents, state and federal agency access to your information, illegal immigration, the reliability of yet to be developed data systems, and as yet unstated federal requirements for use of the Real ID card.
You are strongly urged to contact your own House of Delegates member and House Militia and Police members by both phone and E-mail. If you do not know who your delegate is, go to http://conview.state.va.us/whosmy.nsf/main?openform for their name and contact information.
You may contact me at delegatebobmarshall@hotmail.com, Richmond at 804-698-1013, or 703-361-5416 Manassas home office. The 2009 General Assembly session starts January 14.
A detailed explanation follows with quotes from Department of Homeland Security Real ID regulations.
Sincerely,
Delegate Bob Marshall
Delegate Bob Marshall
http://delegatebob.com
Deal ID Introduction - Legislative History
In July 2004, the 9/11 Commission recommended the following: “The federal government should set standards for the issuance of birth certificates and sources of identification, such as driver's licenses.” In part, this was done because 9/11 hijackers used state ID cards and driver’s licenses as ID for boarding four commercial aircraft which they turned into bombs.
In December 2004, President George W. Bush signed into law the National Intelligence Reform Act of 2004 (P.L. 108-458) to implement the recommendation. The NIRA act required the U.S. Secretary of Transportation to establish a negotiated rule making process to establish minimum standards for state-issued driver's licenses (DL) and identification cards (ID).
The negotiated rule making process was repealed with the enactment of an unrelated Iraq War funding measure “Emergency Supplemental Appropriation for Defense, the Global War on Terror, and Tsunami Relief, 2005” (H.R. 1268, P.L. 109-13), which included the “Real ID Act of 2005.”
The Real ID law which envisions modified licenses for 245 million drivers provides that Department of Homeland Security (DHS) approved identification would grant bearers entry to “Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants.” The Act also added that the ID’s were required for “any other purposes that the Secretary shall determine.”
The first Congressional hearings on the operation of Real ID came two years after passage in 2007 in the US Senate committee. Another hearing followed in 2008.
Real ID Costs
In March, 2007 DHS estimated the cost of implementation at $23.1 billion over 10 years, of which $10 billion to $14 billion are costs to states. To date, Congress has appropriated only $90 million to assist states with implementation of the Real ID, of which only $6 million has been obligated. DHS later revised downward the initial cost estimates.
Public Opposition to Real ID
The broad and in part, unspecified purpose for Real ID has led many Americans across the political spectrum who would otherwise have very few political goals in common to conclude that the Real ID law was the precursor or legal authority for a National Identity card. Indeed, DHS regulations issued January, 2008 officially protest that the Real ID card is not a national identity card.
That has not quelled opposition from individuals and 42 state governments. The National Governor’s Association has opposed Real ID and at least ten states have passed laws stating they will not comply with Real ID requirements. And 32 states have petitioned Congress to rescind or significantly amend Real ID.
The Department of Homeland Security has established and then rolled back deadlines for compliance which suggests that the process for implementing the original law had not been well thought out. As of April 2008, all 56 U.S. states and territories had received an extension from DHS for Real ID implementation.
ID Cards and Illegal Immigrants
The Real ID will NOT significantly impact illegal immigrants from securing driver’s licenses or state ID’s because states can still issue non-Real ID compliant lecenses and ID cards. The DHS regulations state: “A number of States issue or plan to issue licenses to individuals that cannot document lawful status. Other States are expected to allow individuals to hold both a driver's license and identification card. Finally, a number of States have evaluated or expressed interest in offering REAL IDs as an additional, voluntary license. … Eight states currently issue licenses to undocumented
immigrants and will--most likely--continue to do so. These States are: Michigan, Maryland, Hawaii, New Mexico, Oregon, Utah, Washington, and Maine.” (For Final Real ID Regulations, click here.)
Security for Personal Identification Documents
The Real ID Act and the DHS regulations provide a floor for state DMV data collection, not a ceiling. Individuals in complying states will be required to present DMV officials with a copy of their birth certificate, social security number, address, financial tax forms (W-2, 1099, etc). This data is required to be available to all state DMV’s for electronic verification across state lines. That is all the information DHS requires to date, but this is an information floor, not a ceiling.
Real ID and Gun Purchases
When DHS’s final comments noted “One commenter voiced concern over possible expansion of the definition to include Federally licensed firearms dealers and that residents of non-compliant States could be blocked from purchasing firearms.”
DHS did NOT directly answer this observation. Instead DHS’s discomforting answer states: “DHS will continue to consider additional ways in which a REAL ID license can or should be used and will implement any changes to the definition of “official purpose” or determinations regarding additional uses for REAL ID consistent with applicable laws and regulatory requirements. DHS does not agree that it must seek the approval of Congress as a prerequisite to changing the definition in the future …” (page 5288)
Real ID Unnecessary for Boarding Airplanes
Real ID proponents claim proper identification of individuals is both necessary and critical for flight safety. However, DHS’s regulations acknowledge individuals can still board planes without a Real ID: “25% of the population already holds a valid passport and the Department of State anticipates that this figure will increase to approximately 33% in the next few years.3 Individuals with valid passports do not need to obtain a REAL ID as passports are likely to also be accepted for the same official purposes (i.e., boarding commercial aircraft) as a REAL ID.”
Proper ID and Terrorists on Planes
Secondly, DHS notes that: “The commenters are correct that the REAL ID rules cannot completely eliminate the possibility that an individual will commit an act of terrorism inside the United States.”
Individuals with proper ID can still represent a threat. NUMBERS USA, an anti-illegal immigration group which supports Real ID for immigration control purposes, recognizes that 17 of 19 terror suspects on September 11 could still have boarded the four airplanes.
Also, in December, 2001 although convicted shoe bomb felon, Richard Reid, had previously been prevented from boarding a plane because he could not answer security questions, the next day he was allowed to board American Airlines Flight 63 from Paris, France to Miami, Florida because he had a valid British Passport! (CNN.com 12/25/2001 Shoe Bomb Suspect to Remain in Custody)
Bomb sniffing dogs, chemical detection devices, security searches, removal of shoes, banning of bottles, and other “carry on” implements and baggage searches of passengers are more important than Real ID. Proper identification is useful to airport security guards ONLY if there is an accurate AND complete list of terror suspects, and the list is used to screen passengers which was not done on September 11. So the question remains, what is the real reason for the Real ID?
Domestic Violence Victims, Real ID Victims Twice
Virginia allows individuals in certain counties and cities an exception to the requirement that victims of domestic violence have their full ID information on a driver’s license. Congress has NO concern for these women as is clear from the regulations published by DHS: “Comment: Both States and victim advocacy groups objected to the full legal name requirement because the rule would not provide exceptions for victims of domestic violence. The rule would require that past names be included in DMV records, which would expose victims to danger. In addition, the SSA requires victims to change their names before changing SSNs and prohibits them from revealing previous names and SSNs. Commenters wrote that the proposed rule conflicts with this prohibition by requiring that the previous names be revealed as well as with the court orders under which many victims are granted new identities. Response: The REAL ID Act does not include any exceptions for victims of domestic violence not to provide their full legal names.” (page 5301, Federal Register, 1-29-08)
Personal Data In-Security
The Real ID act requires that data collected be stored on the Real ID card in a machine readable format. DHS admitted that citizens have valid concerns for the security of their personally identifiable information.
Nevertheless, here is what commentors and DHS said about third party use of the data, including gun ownership data. “Comment: Privacy groups and several States recommended laws limiting the collection and storage of Machine Readable Zone (MRZ) data by third parties. Several other States commented on the importance of accessibility for law enforcement and noted that the same information is available on the front of the identification cards in human-readable form. Some commenters wanted MRZ access restricted to law enforcement, while others supported also providing access for bars and liquor stores … One commenter opposed any indication in the MRZ that a person was an owner or buyer of firearms or was licensed to carry a firearm; the commenter also asked that DHS forbid the inclusion of this information unless required by State law.
Response: The REAL ID Act does not provide DHS with authority to prohibit third party private-sector uses of the information stored on the REAL ID card. … DHS is not aware of any current plans by Federal agencies to collect and maintain any of the information stored in the MRZ. If a Federal agency should decide to use the MRZ to collect and maintain personally identifiable information in the future, any such information collected from the MRZ will, of course, be subject to the protections of the Privacy Act …”(page 5304 Federal Register, 1-29-08)
Entrance to Federal Buildings
DHS acknowledges that individuals who do not possess a Real ID compliant license will still be able to board aircraft or travel in interstate commerce. The regulations note that: “Response: DHS does not agree that the REAL ID Act will hinder individuals' rights to interstate travel. The REAL ID Act states that a Federal agency may not accept State driver's licenses or identification cards for official purposes unless a State is meeting the requirements of the Act. At this time, the definition of “official purposes”' includes boarding Federally-regulated commercial aircraft; no other form of transportation is included. Moreover, travelers will be able to use identification other than a REAL ID driver's license to board an aircraft. While Federally-regulated commercial aircraft are a mode of transportation, the Act only prohibits Federal agencies from accepting a non-REAL ID license or card where a State-issued driver's license is presented by the individual. Where individuals are allowed to board aircraft or enter Federal facilities with documents other than a State-issued driver's license or identification (such as a passport or military identification card), neither the Act nor these rules change those processes and procedures.”
National ID Card
The most far reaching fears of citizens for both civic and religious purposes for the Real ID Act is the concern that the federal government may be issuing all persons a National ID card, much like the Soviet Union did for internal travel and oppressive state police purposes. Indeed, the DHS acknowledges fourteen times that citizens have this perception regarding the Real ID card, “DHS does not intend that a REAL ID document become a de facto national ID.” (page 5288 Federal Register, 1-29-08)
“The availability of better and more reliable security documents means that government and law enforcement officials have a greater opportunity to prevent terrorists and other unauthorized persons from gaining access to commercial airplanes and Federal facilities. … Establishing minimum standards for States to issue more secure licenses does not confer any ability on the government to monitor or track anyone, although it does improve the ability of the government and private sector parties to rely on the identity document an individual presents.”
Other Problems
DHS wants states to spend billions for five national database systems not all of which exist. Some are still in the design stage! Thus, their reliability for access and document and personal ID security have not yet been tested or deemed reliable, nor even funded by Congress! DHS is proceeding by lobbying various state bureaucratic and administrative officials and then attempting to demand compliance from state legislatures.
Unlike other federal programs which hold back education money or grant funds if states fail to comply, there is no monetary penalty for states which fail to meet the terms of the Real ID Act.
DHS regulations note that: “As detailed elsewhere in this document, the REAL ID Act is binding on Federal agencies, rather than on States. The rule would not formally compel any State to issue driver's licenses or identification cards that will be acceptable for Federal purposes.” Indeed, the monetary penalty is for states which comply with Real ID because they will have to spend literally billions to change equipment and train personnel. Lastly, drivers and states will experience significant delays in license issuance and DMV office waits.
To view entire source, click here: http://delegatebob.com/home/deal-id-introduction-legislative-history.html
Authorized and Paid for by Friends of Bob Marshall
HB 1587, which would prevent Virginia from formally co-operating with the federal government’s Real ID card if it would “compromise the economic privacy or biometric data of any resident of the Commonwealth” has been assigned to the House Militia and Police Committee. (http://leg1.state.va.us/cgi-bin/legp504.exe?091+com+H15)
The Real ID Act has raised informed citizen opposition because of privacy concerns, significant costs, the issue of a National ID card, firearms purchases, placing domestic violence victims in danger, third-party access to your identity data and/or personal documents, state and federal agency access to your information, illegal immigration, the reliability of yet to be developed data systems, and as yet unstated federal requirements for use of the Real ID card.
You are strongly urged to contact your own House of Delegates member and House Militia and Police members by both phone and E-mail. If you do not know who your delegate is, go to http://conview.state.va.us/whosmy.nsf/main?openform for their name and contact information.
You may contact me at delegatebobmarshall@hotmail.com, Richmond at 804-698-1013, or 703-361-5416 Manassas home office. The 2009 General Assembly session starts January 14.
A detailed explanation follows with quotes from Department of Homeland Security Real ID regulations.
Sincerely,
Delegate Bob Marshall
Delegate Bob Marshall
http://delegatebob.com
Deal ID Introduction - Legislative History
In July 2004, the 9/11 Commission recommended the following: “The federal government should set standards for the issuance of birth certificates and sources of identification, such as driver's licenses.” In part, this was done because 9/11 hijackers used state ID cards and driver’s licenses as ID for boarding four commercial aircraft which they turned into bombs.
In December 2004, President George W. Bush signed into law the National Intelligence Reform Act of 2004 (P.L. 108-458) to implement the recommendation. The NIRA act required the U.S. Secretary of Transportation to establish a negotiated rule making process to establish minimum standards for state-issued driver's licenses (DL) and identification cards (ID).
The negotiated rule making process was repealed with the enactment of an unrelated Iraq War funding measure “Emergency Supplemental Appropriation for Defense, the Global War on Terror, and Tsunami Relief, 2005” (H.R. 1268, P.L. 109-13), which included the “Real ID Act of 2005.”
The Real ID law which envisions modified licenses for 245 million drivers provides that Department of Homeland Security (DHS) approved identification would grant bearers entry to “Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants.” The Act also added that the ID’s were required for “any other purposes that the Secretary shall determine.”
The first Congressional hearings on the operation of Real ID came two years after passage in 2007 in the US Senate committee. Another hearing followed in 2008.
Real ID Costs
In March, 2007 DHS estimated the cost of implementation at $23.1 billion over 10 years, of which $10 billion to $14 billion are costs to states. To date, Congress has appropriated only $90 million to assist states with implementation of the Real ID, of which only $6 million has been obligated. DHS later revised downward the initial cost estimates.
Public Opposition to Real ID
The broad and in part, unspecified purpose for Real ID has led many Americans across the political spectrum who would otherwise have very few political goals in common to conclude that the Real ID law was the precursor or legal authority for a National Identity card. Indeed, DHS regulations issued January, 2008 officially protest that the Real ID card is not a national identity card.
That has not quelled opposition from individuals and 42 state governments. The National Governor’s Association has opposed Real ID and at least ten states have passed laws stating they will not comply with Real ID requirements. And 32 states have petitioned Congress to rescind or significantly amend Real ID.
The Department of Homeland Security has established and then rolled back deadlines for compliance which suggests that the process for implementing the original law had not been well thought out. As of April 2008, all 56 U.S. states and territories had received an extension from DHS for Real ID implementation.
ID Cards and Illegal Immigrants
The Real ID will NOT significantly impact illegal immigrants from securing driver’s licenses or state ID’s because states can still issue non-Real ID compliant lecenses and ID cards. The DHS regulations state: “A number of States issue or plan to issue licenses to individuals that cannot document lawful status. Other States are expected to allow individuals to hold both a driver's license and identification card. Finally, a number of States have evaluated or expressed interest in offering REAL IDs as an additional, voluntary license. … Eight states currently issue licenses to undocumented
immigrants and will--most likely--continue to do so. These States are: Michigan, Maryland, Hawaii, New Mexico, Oregon, Utah, Washington, and Maine.” (For Final Real ID Regulations, click here.)
Security for Personal Identification Documents
The Real ID Act and the DHS regulations provide a floor for state DMV data collection, not a ceiling. Individuals in complying states will be required to present DMV officials with a copy of their birth certificate, social security number, address, financial tax forms (W-2, 1099, etc). This data is required to be available to all state DMV’s for electronic verification across state lines. That is all the information DHS requires to date, but this is an information floor, not a ceiling.
Real ID and Gun Purchases
When DHS’s final comments noted “One commenter voiced concern over possible expansion of the definition to include Federally licensed firearms dealers and that residents of non-compliant States could be blocked from purchasing firearms.”
DHS did NOT directly answer this observation. Instead DHS’s discomforting answer states: “DHS will continue to consider additional ways in which a REAL ID license can or should be used and will implement any changes to the definition of “official purpose” or determinations regarding additional uses for REAL ID consistent with applicable laws and regulatory requirements. DHS does not agree that it must seek the approval of Congress as a prerequisite to changing the definition in the future …” (page 5288)
Real ID Unnecessary for Boarding Airplanes
Real ID proponents claim proper identification of individuals is both necessary and critical for flight safety. However, DHS’s regulations acknowledge individuals can still board planes without a Real ID: “25% of the population already holds a valid passport and the Department of State anticipates that this figure will increase to approximately 33% in the next few years.3 Individuals with valid passports do not need to obtain a REAL ID as passports are likely to also be accepted for the same official purposes (i.e., boarding commercial aircraft) as a REAL ID.”
Proper ID and Terrorists on Planes
Secondly, DHS notes that: “The commenters are correct that the REAL ID rules cannot completely eliminate the possibility that an individual will commit an act of terrorism inside the United States.”
Individuals with proper ID can still represent a threat. NUMBERS USA, an anti-illegal immigration group which supports Real ID for immigration control purposes, recognizes that 17 of 19 terror suspects on September 11 could still have boarded the four airplanes.
Also, in December, 2001 although convicted shoe bomb felon, Richard Reid, had previously been prevented from boarding a plane because he could not answer security questions, the next day he was allowed to board American Airlines Flight 63 from Paris, France to Miami, Florida because he had a valid British Passport! (CNN.com 12/25/2001 Shoe Bomb Suspect to Remain in Custody)
Bomb sniffing dogs, chemical detection devices, security searches, removal of shoes, banning of bottles, and other “carry on” implements and baggage searches of passengers are more important than Real ID. Proper identification is useful to airport security guards ONLY if there is an accurate AND complete list of terror suspects, and the list is used to screen passengers which was not done on September 11. So the question remains, what is the real reason for the Real ID?
Domestic Violence Victims, Real ID Victims Twice
Virginia allows individuals in certain counties and cities an exception to the requirement that victims of domestic violence have their full ID information on a driver’s license. Congress has NO concern for these women as is clear from the regulations published by DHS: “Comment: Both States and victim advocacy groups objected to the full legal name requirement because the rule would not provide exceptions for victims of domestic violence. The rule would require that past names be included in DMV records, which would expose victims to danger. In addition, the SSA requires victims to change their names before changing SSNs and prohibits them from revealing previous names and SSNs. Commenters wrote that the proposed rule conflicts with this prohibition by requiring that the previous names be revealed as well as with the court orders under which many victims are granted new identities. Response: The REAL ID Act does not include any exceptions for victims of domestic violence not to provide their full legal names.” (page 5301, Federal Register, 1-29-08)
Personal Data In-Security
The Real ID act requires that data collected be stored on the Real ID card in a machine readable format. DHS admitted that citizens have valid concerns for the security of their personally identifiable information.
Nevertheless, here is what commentors and DHS said about third party use of the data, including gun ownership data. “Comment: Privacy groups and several States recommended laws limiting the collection and storage of Machine Readable Zone (MRZ) data by third parties. Several other States commented on the importance of accessibility for law enforcement and noted that the same information is available on the front of the identification cards in human-readable form. Some commenters wanted MRZ access restricted to law enforcement, while others supported also providing access for bars and liquor stores … One commenter opposed any indication in the MRZ that a person was an owner or buyer of firearms or was licensed to carry a firearm; the commenter also asked that DHS forbid the inclusion of this information unless required by State law.
Response: The REAL ID Act does not provide DHS with authority to prohibit third party private-sector uses of the information stored on the REAL ID card. … DHS is not aware of any current plans by Federal agencies to collect and maintain any of the information stored in the MRZ. If a Federal agency should decide to use the MRZ to collect and maintain personally identifiable information in the future, any such information collected from the MRZ will, of course, be subject to the protections of the Privacy Act …”(page 5304 Federal Register, 1-29-08)
Entrance to Federal Buildings
DHS acknowledges that individuals who do not possess a Real ID compliant license will still be able to board aircraft or travel in interstate commerce. The regulations note that: “Response: DHS does not agree that the REAL ID Act will hinder individuals' rights to interstate travel. The REAL ID Act states that a Federal agency may not accept State driver's licenses or identification cards for official purposes unless a State is meeting the requirements of the Act. At this time, the definition of “official purposes”' includes boarding Federally-regulated commercial aircraft; no other form of transportation is included. Moreover, travelers will be able to use identification other than a REAL ID driver's license to board an aircraft. While Federally-regulated commercial aircraft are a mode of transportation, the Act only prohibits Federal agencies from accepting a non-REAL ID license or card where a State-issued driver's license is presented by the individual. Where individuals are allowed to board aircraft or enter Federal facilities with documents other than a State-issued driver's license or identification (such as a passport or military identification card), neither the Act nor these rules change those processes and procedures.”
National ID Card
The most far reaching fears of citizens for both civic and religious purposes for the Real ID Act is the concern that the federal government may be issuing all persons a National ID card, much like the Soviet Union did for internal travel and oppressive state police purposes. Indeed, the DHS acknowledges fourteen times that citizens have this perception regarding the Real ID card, “DHS does not intend that a REAL ID document become a de facto national ID.” (page 5288 Federal Register, 1-29-08)
“The availability of better and more reliable security documents means that government and law enforcement officials have a greater opportunity to prevent terrorists and other unauthorized persons from gaining access to commercial airplanes and Federal facilities. … Establishing minimum standards for States to issue more secure licenses does not confer any ability on the government to monitor or track anyone, although it does improve the ability of the government and private sector parties to rely on the identity document an individual presents.”
Other Problems
DHS wants states to spend billions for five national database systems not all of which exist. Some are still in the design stage! Thus, their reliability for access and document and personal ID security have not yet been tested or deemed reliable, nor even funded by Congress! DHS is proceeding by lobbying various state bureaucratic and administrative officials and then attempting to demand compliance from state legislatures.
Unlike other federal programs which hold back education money or grant funds if states fail to comply, there is no monetary penalty for states which fail to meet the terms of the Real ID Act.
DHS regulations note that: “As detailed elsewhere in this document, the REAL ID Act is binding on Federal agencies, rather than on States. The rule would not formally compel any State to issue driver's licenses or identification cards that will be acceptable for Federal purposes.” Indeed, the monetary penalty is for states which comply with Real ID because they will have to spend literally billions to change equipment and train personnel. Lastly, drivers and states will experience significant delays in license issuance and DMV office waits.
To view entire source, click here: http://delegatebob.com/home/deal-id-introduction-legislative-history.html
Authorized and Paid for by Friends of Bob Marshall