Will a False Crisis Revive REAL ID?
I’ve written here before about how the National Governors Association is seeking to peddle state power over driver licensing and identification to the federal government in order to cement its role as a supplicant for states in Washington, D.C.
NGA is currently seeking to drum up a false, end-of-year driver license crisis to convince Congress to pass a new version of REAL ID called PASS ID, moving the national ID project forward.
The letter says that states must be “materially compliant” with the REAL ID Act by the end of the year or their citizens will not be able to use their driver’s licenses as identification to board commercial aircraft. This is technically true, in one sense, but it omits some important information.
The statutory deadline for REAL ID compliance was actually a year and a half ago, May of 2008. No state was in compliance then, and the Department of Homeland Security gave out deadline extensions wholesale—even to states that didn’t ask for them.
If Congress takes no action by the end of the year, the DHS will simply do this again. There is no end-of-year driver license crisis.
And it’s no harm, no foul—nobody who has studied identity-based security believes that the national ID law would cost-effectively protect the country. Ignoring or repealing REAL ID are the best paths forward.
The NGA, of course, believes that states will be better off with its preferred version of REAL ID. Some of the sharpest corners are taken off REAL ID in the new ”PASS ID“ version, but states are kidding themselves if they think PASS ID is good for their bottom lines.
As I wrote before—twice!—PASS ID is likely to cost states as much or more than REAL ID. Its requirements are essentially the same, and its implementation deadline—one of the biggest cost drivers—is tighter in some respects than REAL ID.
Will Congress slip PASS ID into law by the end of the year the way REAL ID was slipped into law four-plus years ago? It’ll be interesting to see…
Filed under: Foreign Policy and National Security; Telecom, Internet & Information Policy
Recapping the Costs of the REAL ID Revival Bill
In late July, the Senate Homeland Security and Governmental Affairs Committee passed a new version of PASS ID, the REAL ID revival bill. I’ve posted about various dimensions of it: the national ID question, the politics of PASS ID, whether PASS ID protects privacy, a run-down of the Senate hearing on it, and the inexplicable support of the Center for Democracy and Technology for this national ID law.
Three months later, the committee still has not reported the bill, meaning that the public doesn’t get access to the version the committee passed. (A resolution in the House would require committees there to publish amendments to bills within 24 hours.) But the Congressional Budget Office scored the bill this week. That is often a signal that legislation is on the move.
So it’s a good time to look at costs again. The National Governors Association and the National Conference of State Legislatures both premised their support for PASS ID on the idea that it would reduce costs to states to just $2 billion.
But in July I examined the likely costs of PASS ID and NGA’s cost calculations. To save you a burdensome click, here are some highlights:

