The bottom line is that because of the states' objections to REAL ID, today four years since its passage, five years after the 9/11 Commission Report, and nearly eight years after 9/11 the United States has not realized secure identification. There has got to be a better way and that is why I support the approach in PASS ID.
PASS ID: A Workable Model for Security Standards
The PASS ID Act establishes the ID security standards the Nation needs while fixing the problems of the REAL ID Act. A few individuals have responded to criticism of REAL ID by suggesting that any change in the law would weaken the standards it established. Such a criticism is just wrong. Strong security standards for driver's licenses remain the same in the two laws. The two laws are different only in that PASS ID is more nimble and provides a feasible way to achieve ID security. The changes PASS ID makes in directing how security standards are to be implemented are enough to bring the states on board and leave behind a status quo where the Nation has not made sufficient progress on secure identification.
Key similarities in PASS ID: Strong security standards called for by the 9/11 Commission
PASS ID will implement the recommendation of the 9/11 Commission that the federal government provide standards for the issuance of secure identification documents. PASS ID would provide standards in fulfilling that recommendation that are just as strong as those in REAL ID.
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Document verification PASS ID would maintain strong standards for ensuring the authenticity of identity source documents applicants show to obtain a driver's license. States would be required to have sufficient processes in place to determine the authenticity of documents, including birth certificates or IDs issued by other states. PASS ID would require electronic verification through two federal databases that are used today SSOLV for social security numbers and SAVE for immigration status.
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Physical security of ID production PASS ID would require states to ensure the physical security of the means of driver's license production, and to conduct background checks on employees who deal with driver's license issuance, in order to reduce the chance of malfeasance and fraud. PASS ID would also require all such employees to be trained in fraudulent document detection. These standards remain unchanged from REAL ID.
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Photographs of ID applicants PASS ID would necessitate that states capture photographs of individuals who apply for a PASS ID-compliant driver's license, including those who are denied, clarifying a provision of REAL ID that states had said was unclear.
*
Requirements to show PASS IDs As under REAL ID, non-secure driver's licenses would no longer be accepted at the end of the PASS ID implementation period in order to enter nuclear power plants; federal facilities dealing with national security, homeland security, or defense; and to board airplanes.6 PASS ID would not extend to federal locations where REAL ID could potentially have been applied but are openly accessible to the public, such as national parks.
All in all, PASS ID would match the security provided in REAL ID, while providing the states with more flexibility to innovate and meet the standards.
Key differences in PASS ID: Fixes problems in implementation, cost, and privacy.
In addition to providing for security standards matching those of REAL ID, PASS ID provides a framework that is more workable from the state perspective.
*
Document verification PASS ID would require states to have adequate means of validating the underlying documents of a state-issued driver's license. But unlike REAL ID, PASS ID would provide options to the states to make these determinations. While REAL ID mandates electronic verification for all source document information, PASS ID would maintain a focus on ensuring the authenticity of identity source documents that applicants present, allowing states to adopt cost-effective ways to achieve or exceed that threshold. This provision eliminates the need for every state to adopt expensive and unnecessary technologies. DHS will continue to work with interested states in developing voluntary electronic verification capabilities, through a demonstration project that will help determine whether state-to-state electronic verification can become accurate and workable, and do so with the necessary privacy and security protections built in. Again, the flexibility of PASS ID allows us to proceed with national standards.
*
Lower potential costs Greater flexibility in several areas would substantially lower the potential cost to the states for implementing the program. These changes produce cost estimates for PASS ID significantly less than those for REAL ID, though the exact cost would depend on the particular systems states decide to adopt. The bill would also codify the current Driver's License Security Grant Program and specify that the funding is meant for PASS ID compliance, with $50 million requested in the FY 2010 President's Budget Request.
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Faster implementation and flexibility PASS ID could take effect faster than the current REAL ID schedule. States would have one year after the issuance of final DHS regulations to begin issuing compliant documents, and would have five years from that date to enroll driver's license holders as they see fit. The REAL ID deadline for completing issuance of compliant driver's licenses is December 2017. If Congress enacts the PASS ID Act as it is currently written by October 2009, states could complete enrollment by July 2016, a full one year and five months ahead of the REAL ID timetable. This is part of why taking action on PASS ID is urgent.
*
Privacy protections PASS ID would not require states to provide direct access to each other's driver's license databases; in fact, the bill contains protections against creating any national identity database containing all driver's license information and requires states to adopt adequate procedures to prevent unauthorized access to or sharing of personally identifiable information. PASS ID would also require public notice of privacy policies enacted under the law. The bill would establish a redress process for individuals who believe their personal information should be amended in records systems. Moreover, it would restrict private entities from selling or trading the personal information contained in the barcode of a PASS ID-compliant driver's license, and would prohibit private entities from scanning that portion unless it was specifically to support federal, state or local laws (such as purchasing a controlled substance or a weapon).
I want to emphasize that PASS ID accommodates any states that have already taken steps toward secure IDs under REAL ID. Despite the many problems of REAL ID, some states have made significant progress in the past four years on a number of fronts, including digitizing their records. PASS ID would not penalize these states and would allow states to keep either electronic or paper copies of their records. The states that have begun the process of digitization are already ahead of the game digital records will certainly prove their worth in the long run. PASS ID is specifically designed not to penalize any states that made security advances under current law, but rather to allow states that have laws refusing to implement REAL ID to come back to the table.
All in all, PASS ID is the fix for REAL ID that the Nation needs: one that keeps strong security standards that are critical to our safety, but provides workable ways to achieve those standards. The states have embraced the changes included in PASS ID, which provides the Nation the opportunity to make real progress on ID security.
Conclusion
As the 9/11 Commission expressed clearly and specifically, the need to advance ID security across the Nation is urgent. Today, nearly five years after that Commission recommended that ID security reforms begin in the United States, we have made little progress. The REAL ID Act, though well-intentioned, has caused a stalemate on an issue where we cannot afford to wait any longer.
It's time to break this impasse and the approach taken under the PASS ID Act does just that. PASS ID improves upon REAL ID by maintaining high security standards while providing greater flexibility, reducing cost, accelerating implementation, protecting privacy, and promoting collaboration between the federal government and the states.
This is why PASS ID has a bipartisan and geographically diverse group of sponsors, has won support from the bipartisan National Governors Association, and has received the endorsement of the National Sheriffs Association, the Federal Law Enforcement Officers Association, and the Major Cities Chiefs Association. With the right legislation, working in partnership with law enforcement and the states, we can and will make progress on this important security issue.
Chairman Lieberman, Senator Collins, and members of the Committee: I urge you to join the Department of Homeland Security and our partners to support the approach taken under PASS ID. The time to act is now, given the deadlines involved, and we will continue working with you to address the specific language of the bill as it moves forward. Thank you for your continued partnership and for the opportunity to testify today. I can now answer any questions you have.
PASS ID: A Workable Model for Security Standards
The PASS ID Act establishes the ID security standards the Nation needs while fixing the problems of the REAL ID Act. A few individuals have responded to criticism of REAL ID by suggesting that any change in the law would weaken the standards it established. Such a criticism is just wrong. Strong security standards for driver's licenses remain the same in the two laws. The two laws are different only in that PASS ID is more nimble and provides a feasible way to achieve ID security. The changes PASS ID makes in directing how security standards are to be implemented are enough to bring the states on board and leave behind a status quo where the Nation has not made sufficient progress on secure identification.
Key similarities in PASS ID: Strong security standards called for by the 9/11 Commission
PASS ID will implement the recommendation of the 9/11 Commission that the federal government provide standards for the issuance of secure identification documents. PASS ID would provide standards in fulfilling that recommendation that are just as strong as those in REAL ID.
Document verification PASS ID would maintain strong standards for ensuring the authenticity of identity source documents applicants show to obtain a driver's license. States would be required to have sufficient processes in place to determine the authenticity of documents, including birth certificates or IDs issued by other states. PASS ID would require electronic verification through two federal databases that are used today SSOLV for social security numbers and SAVE for immigration status.
*
Physical security of ID production PASS ID would require states to ensure the physical security of the means of driver's license production, and to conduct background checks on employees who deal with driver's license issuance, in order to reduce the chance of malfeasance and fraud. PASS ID would also require all such employees to be trained in fraudulent document detection. These standards remain unchanged from REAL ID.
*
Photographs of ID applicants PASS ID would necessitate that states capture photographs of individuals who apply for a PASS ID-compliant driver's license, including those who are denied, clarifying a provision of REAL ID that states had said was unclear.
*
Requirements to show PASS IDs As under REAL ID, non-secure driver's licenses would no longer be accepted at the end of the PASS ID implementation period in order to enter nuclear power plants; federal facilities dealing with national security, homeland security, or defense; and to board airplanes.6 PASS ID would not extend to federal locations where REAL ID could potentially have been applied but are openly accessible to the public, such as national parks.
All in all, PASS ID would match the security provided in REAL ID, while providing the states with more flexibility to innovate and meet the standards.
Key differences in PASS ID: Fixes problems in implementation, cost, and privacy.
In addition to providing for security standards matching those of REAL ID, PASS ID provides a framework that is more workable from the state perspective.
*
Document verification PASS ID would require states to have adequate means of validating the underlying documents of a state-issued driver's license. But unlike REAL ID, PASS ID would provide options to the states to make these determinations. While REAL ID mandates electronic verification for all source document information, PASS ID would maintain a focus on ensuring the authenticity of identity source documents that applicants present, allowing states to adopt cost-effective ways to achieve or exceed that threshold. This provision eliminates the need for every state to adopt expensive and unnecessary technologies. DHS will continue to work with interested states in developing voluntary electronic verification capabilities, through a demonstration project that will help determine whether state-to-state electronic verification can become accurate and workable, and do so with the necessary privacy and security protections built in. Again, the flexibility of PASS ID allows us to proceed with national standards.
*
Lower potential costs Greater flexibility in several areas would substantially lower the potential cost to the states for implementing the program. These changes produce cost estimates for PASS ID significantly less than those for REAL ID, though the exact cost would depend on the particular systems states decide to adopt. The bill would also codify the current Driver's License Security Grant Program and specify that the funding is meant for PASS ID compliance, with $50 million requested in the FY 2010 President's Budget Request.
*
Faster implementation and flexibility PASS ID could take effect faster than the current REAL ID schedule. States would have one year after the issuance of final DHS regulations to begin issuing compliant documents, and would have five years from that date to enroll driver's license holders as they see fit. The REAL ID deadline for completing issuance of compliant driver's licenses is December 2017. If Congress enacts the PASS ID Act as it is currently written by October 2009, states could complete enrollment by July 2016, a full one year and five months ahead of the REAL ID timetable. This is part of why taking action on PASS ID is urgent.
*
Privacy protections PASS ID would not require states to provide direct access to each other's driver's license databases; in fact, the bill contains protections against creating any national identity database containing all driver's license information and requires states to adopt adequate procedures to prevent unauthorized access to or sharing of personally identifiable information. PASS ID would also require public notice of privacy policies enacted under the law. The bill would establish a redress process for individuals who believe their personal information should be amended in records systems. Moreover, it would restrict private entities from selling or trading the personal information contained in the barcode of a PASS ID-compliant driver's license, and would prohibit private entities from scanning that portion unless it was specifically to support federal, state or local laws (such as purchasing a controlled substance or a weapon).
I want to emphasize that PASS ID accommodates any states that have already taken steps toward secure IDs under REAL ID. Despite the many problems of REAL ID, some states have made significant progress in the past four years on a number of fronts, including digitizing their records. PASS ID would not penalize these states and would allow states to keep either electronic or paper copies of their records. The states that have begun the process of digitization are already ahead of the game digital records will certainly prove their worth in the long run. PASS ID is specifically designed not to penalize any states that made security advances under current law, but rather to allow states that have laws refusing to implement REAL ID to come back to the table.
All in all, PASS ID is the fix for REAL ID that the Nation needs: one that keeps strong security standards that are critical to our safety, but provides workable ways to achieve those standards. The states have embraced the changes included in PASS ID, which provides the Nation the opportunity to make real progress on ID security.
Conclusion
As the 9/11 Commission expressed clearly and specifically, the need to advance ID security across the Nation is urgent. Today, nearly five years after that Commission recommended that ID security reforms begin in the United States, we have made little progress. The REAL ID Act, though well-intentioned, has caused a stalemate on an issue where we cannot afford to wait any longer.
It's time to break this impasse and the approach taken under the PASS ID Act does just that. PASS ID improves upon REAL ID by maintaining high security standards while providing greater flexibility, reducing cost, accelerating implementation, protecting privacy, and promoting collaboration between the federal government and the states.
This is why PASS ID has a bipartisan and geographically diverse group of sponsors, has won support from the bipartisan National Governors Association, and has received the endorsement of the National Sheriffs Association, the Federal Law Enforcement Officers Association, and the Major Cities Chiefs Association. With the right legislation, working in partnership with law enforcement and the states, we can and will make progress on this important security issue.
Chairman Lieberman, Senator Collins, and members of the Committee: I urge you to join the Department of Homeland Security and our partners to support the approach taken under PASS ID. The time to act is now, given the deadlines involved, and we will continue working with you to address the specific language of the bill as it moves forward. Thank you for your continued partnership and for the opportunity to testify today. I can now answer any questions you have.
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