A Senate panel told officials with the Homeland Security and State departments on Tuesday that their strategies to implement two programs to tighten security along the borders were flawed, leading to high costs, threats to Americans' privacy and an interruption of international commerce.
At issue are the 2005 REAL ID Act, which established minimum standards for state-issued driver's licenses and identification cards, and the Western Hemisphere Travel Initiative, which Congress passed in 2004 requiring travelers to and from the Americas, the Caribbean and Bermuda to have a passport or other accepted document that establishes the bearer's identity and nationality to enter or re-enter the United States.
States have been concerned about the cost of complying with the REAL ID law, which requires them to issue tamper-proof driver’s licenses. At least eight states have passed laws that reject the Real ID Act, largely because of the expense to comply. DHS estimates it will cost states $3.9 billion to meet the terms of the law. The government will provide $80 million in grants and another $280 million in general funding.
DHS published a final rule for REAL ID on Jan. 29. A phased approach was introduced to help reduce costs, with all citizens required to obtain a DHS-compliant driver’s license by Dec. 1, 2017.
Many of the states that have refused to comply have agreed to incorporate the security requirements of REAL ID into their driver’s licenses, without saying the changes have been included as a result of the law. Stewart Baker, assistant secretary for policy at DHS, said he hopes such arrangements will continue to drive progress toward issuing the new driver’s licenses, “without arguing about what bumper sticker is on the car.” States that don’t comply will not receive dedicated federal funds.
"I'm emotional about Real ID," Sen. Jon Tester, D-Mont., said at a hearing of the Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia "It's the worst kind of Washington prodigal [legislation]. . . . [States] have no idea whether to go forward, and if they do undertake these costly efforts, they do so with no guarantee that the federal government will compensate their efforts. I'm not impressed with how [REAL ID] is being handled, and I don't have confidence it's getting better."
Congress also questioned DHS’ policy of not requiring states to obtain the personal information on the new driver’s licenses using secure technologies such as encryption. Tester questioned whether hackers could access information maintained in databases, for example, or if retail establishments such as bars, which routinely check IDs, could save the information in their own systems to then use to commit fraud.
DHS' Baker defended the decision to not secure the information. "A state trooper [who] pulls someone over needs to read information quickly," he said. "If [the trooper] needs to find an encryption key, that wouldn't be easy."
Baker also noted that personal information contained on the new driver’s license is no different from the information printed on the front of current driver’s licenses.
Panel members also asked DHS about the Western Hemisphere Travel Initiative. In March, DHS and the State Department announced the final rule to check identities at land and sea ports, requiring all travelers to present a passport or other approved secure document denoting their citizenship. The initiative applies to citizens of the United States, Canada and Bermuda, countries that previously were exempt. The rule will go into effect on June 1, 2009. In preparation, DHS ended accepting on Jan. 31 travelers’ oral declaration of identity and citizenship at land borders.
Panel members noted a number of examples in which the initiative could cause economic problems. Sen. Susan Collins, R-Maine, said the Aroostook Valley Country Club is a golf course that straddles the borders for Maine and New Brunswick, Canada. The pro shop and parking lot are in the United States, and the golf course and clubhouse are in Canada.
"Members and guests come from both countries and have done so for more than 80 years," Collins said in her statement for the record. "Recently, however, the Border Patrol blocked a road leading from Canada to the golf course. This inconveniences local residents and, if continued, could endanger the existence of the golf course."
Sen. George Voinovich, R-Ohio, said the new rules have caused long waits in lines for commercial vehicles entering the United States from Canada. "Canada is a No. 1 trading partner for 36 states," he said. "Our economies are intertwined. We need to protect that."
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