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Testimony of Secretary Napolitano on the Identification Security: Reevaluating the Real ID Act

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Lawrence Gist
Endnotes

1.
Those states with laws prohibiting compliance with REAL ID are Alaska, Arizona, Idaho, Louisiana, Maine, Minnesota, Montana, New Hampshire, Oklahoma, Oregon, South Carolina, and Washington. Georgia and Virginia have more conditional laws prohibiting themselves from complying with REAL ID. Missouri's legislature has passed a bill prohibiting REAL ID implementation that is before the governor at the time of this testimony's submission. Arkansas, Colorado, Hawaii, Illinois, Missouri, Nebraska, Nevada, North Dakota, and South Dakota have passed concurrent or joint legislative resolutions in opposition to REAL ID. Pennsylvania's two legislative chambers have passed separate resolutions opposing it. The Michigan House has also passed a resolution against REAL ID.
2.
9/11 Commission Report, p. 390
3.
9/11 Commission Report, p. 384.
4.
9/11 Commission Report, p. 390.
5.
Neither REAL ID nor PASS ID would require an individual to re-enroll if he or she does not want a compliant driver's license or non-driver's license ID, but that person would not be able to use a noncompliant driver's license or other non-compliant ID for official purposes.
6.
Under PASS ID the same as under REAL ID a traveler who does not have a qualifying government issued ID will be subject to greater scrutiny as Transportation Security Officers (TSO) determine his or her identity and confirm that the passenger is not on the Terrorist Screening Center's watchlist. TSOs deal every day with travelers who have lost their identification or been victims of theft while on a trip. TSOs make an appropriate decision based on an assessment of available identification that a passenger may carry, or information that the passenger can provide.

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Lawrence J. Gist II is a dedicated pro bono attorney and counselor at law, adjunct professor of legal studies at Mount St. Mary's College in Los Angeles, CA, a member of the board of directors of the Institute of Indigenous Knowledges, and a veteran (more...)
 
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