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NCSL Standing Committee on Transportation
On May 11, 2005, the REAL ID Act was enacted as part of supplemental spending bill (P.L. 109-13). Under the REAL ID Act, a state must implement new federal standards for the issuance of drivers licenses (DL) and identification cards (ID) by May 11, 2008 or the federal government will not recognize the state’s DL/ID for federal purposes. The United States Department of Homeland Security is currently developing regulations to implement the Act. Congress is failing to provide adequate funds to implement the Act.
NCSL urges the federal government to:
- Maintain a definition of official purpose consistent with the underlying legislative intent. Establish an official process, which includes state legislatures, to consider future application.
- Provide states sufficient time for conversion of DLs/IDs issued after the underlying federal infrastructure is in place.
- Allow for states to self-certify as to their compliance with the requirements of the Act. DHS should involve states in the development of this process.
- Establish standards and do not set specific substrates for card security features.
- Allow for the display of an alternative address on the face of the license.
- Exempt documents related to verification of proof of principal residence from electronic verification, scanning and retention requirements.
- Make necessary improvements to the Systematic Alien Verification for Entitlements (SAVE) program and other federal systems necessary for the Act’s implementation. These changes should be federally funded.
- Establish a state working group to ensure the appropriate functionality of the SAVE system for the purposes of the Act and to ensure that SAVE is to be used by any jurisdiction only for the purpose for which it is intended.
- Recognize that states issue other temporary licenses. Continue to allow states to use the same method of identifying those drivers.
- Require states to electronically verify identity documents only if the systems for verification are operational, reliable and federally funded.
- Provide states sufficient time to change record retention laws.
- Allow states to convert to front-end image capture as system contracts come up for renewal or upgrade.
- Allow for REAL-ID compliant DLs/IDs to be renewed through the mail or Internet, or other methods that states currently have available.
- Allow states to identify those staff that require security clearances as part of the self certification process, to include disqualifying factors. Allow new hires to be granted a provisional status.
- Access to state information, as it relates to an all-driver’s system should be as a query and response and not wholesale penetration. Access must adhere to the Driver Privacy Protection Act (DPPA) as well as additional state requirements which may exist, and be limited to state issuance and law enforcement management.
- Provide federal funds for implementation and recognize the need for an annual appropriation to maintain the system. Federal appropriations must recognize and cover the costs of new requirements on states in support of federal security initiatives required by the Act.
- Repeal the REAL ID Act if Congress does not provide for full funding or the federal government does not provide for the points listed in this policy on or before December 31, 2007.
This policy replaces and supersedes the NCSL standing committee policy “Identity Security, Driver’s Licenses and State Identification Cards.”
August 2009
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NCSL URGES CONGRESS TO FIX AND FUND THE REAL ID
NCSL Standing Committee on Transportation
WHEREAS, on May 11, 2005, the REAL ID Act (act) was enacted as part of a supplemental spending bill (P.L. 109-13); and
WHEREAS, under the act, a state must implement new federal standards for the issuance of drivers licenses (DL) and identification cards (ID) by May 11, 2008 or the federal government will not recognize the state’s DL/ID for federal purposes; and
WHEREAS, under the act, states must have access to five national identity document verification systems, of which only one is operational; and
WHEREAS, a comprehensive analysis of the act conducted by the National Conference of State Legislatures (NCSL), National Governors Association and the American Association of Motor Vehicle Administrators determined implementation of the act would cost states more than $11 billion over its first five years of implementation, which includes a one-time, up front cost of $1 billion; and
WHEREAS, the U.S. Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) to implement the Real ID (6 CFR Part 37); and
WHEREAS, the NPRM does not adopt the necessary changes to the Real ID as outlined in the September 2006 report—The Real ID Act: National Impact Analysis—issued by NCSL, the National Governors Association and the American Association of Motor Vehicle Administrators; and
WHEREAS, DHS estimated in the NPRM the cost of implementation of the Real ID at $23.1 billion over 10 years, of which $10 billion to $14 billion are costs to states; and
WHEREAS, DHS is expected to publish final regulations to implement the Real ID in August or September of 2007; and
WHEREAS, the May 11, 2008 deadline for the implementation of the act is rapidly approaching; and
WHEREAS, Congress and the Administration have failed to address the fatal shortcomings of the Real ID, including in the area of securing personal identification and biological data; and
WHEREAS, Congress and the Administration have failed to provide adequate funds to implement the act; and
WHEREAS, several members of Congress want to expand the use of the Real ID;
THEREFORE, BE IT RESOLVED, NCSL urges Congress to adopt the necessary changes to the Real ID as outlined in the September 2006 report—The Real ID Act: National Impact Analysis—issued by NCSL, the National Governors Association and the American Association of Motor Vehicle Administrators;
BE IT FURTHER RESOLVED, that NCSL urges the President and Congress to fully fund the federal government’s obligations under the act to develop various document verifications systems for states;
BE IT FURTHER RESOLVED, that NCSL urges the President and Congress to provide at least $1 billion in federal FY 2008 for one-time, up front costs to states to implement the Real ID;
BE IT FURTHER RESOLVED, that NCSL urges the President and Congress to fully fund state implementation of the Real ID through a grant program, which provides each state with a minimum grant award;
BE IT FURTHER RESOLVED, that if, by December 31, 2007, Congress does not provide at least $1 billion in federal FY 2008 for one-time, up front costs to states to implement the Real ID, including in the area of securing personal identification and biological data, and adopt the necessary changes to the Real ID as outlined in the September 2006 report—The Real ID Act: National Impact Analysis— then NCSL urges Congress to repeal the Real ID Act; and
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the President of the United States and to all the members of Congress.
August 2008
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