Since passage of the Real ID Act of 2005, which establishes
voluntary national standards for the format, issuing, and
monitoring of state-issued identity cards (like driver's licenses),
some states have been reluctant to participate in the program; most
cite the potential costs of implementation. The Department of
Homeland Security (DHS) answered these concerns with its final
implementation plan, released on January 11. The plan designates an
additional $48.5 million for assisting states with implementation.
It also gives states the option of seeking an extension of the
compliance deadline to May 11, 2011. It is time for states to
accept the responsibility for implementing Real ID. The law's
commonsense standards will better protect and respect private
information of individual citizens and will offer greater surety in
identity documents to combat fraud, identity theft, and other
crimes.
The Real ID Rebellion
Seventeen states have passed legislation against Real ID. Some
opponents claimed that the bill would saddle state governments with
a $14 billion unfunded mandate. Others expressed concern about
infringement of civil liberties. The latter charge is patently
untrue. Under Real ID, the federal government does not get more
access to personal information, nor does Real ID create a national
database. Sensitive information will stay within state databases.
States retain their sovereignty and traditional
responsibilities.
The cost issue, however, was a valid concern. Fortunately, DHS
has met its obligation to address that issue.
More Money, More Time
DHS recognized that states like Montana, Colorado, and
Washington needed more time, funding, and persuading before
complying with the federally mandated law. In the fiscal year 2008
omnibus appropriations bill, signed on December 27, 2007, Congress
authorized an additional $48.5 million to assist states with Real
ID implementation. These grants will improve driver's license and
identification card issuance capabilities and will facilitate
collaboration between states in the development of more secure
systems that verify applicants' identity while protecting their
personal privacy.
These modifications demonstrate that DHS and Congress understand
states' concerns. The plan's rules are malleable, to help states
implement the program successfully. Implementation has already been
delayed until 2009. With the new grants and deadline extensions
that will soon be made available, states no longer have any valid
reason to push back.
Moving On
Creating a secure identity document is needed to help keep
America safe, free, and prosperous. States should put the interests
of their citizens first and implement Real ID. Congress and DHS can
help speed the process by moving the first eligible states into the
system as quickly as possible. Michigan, California, and North
Carolina have set an example thus far. Once compliance is underway,
momentum will build for other states to join; citizens will not
want to be left out of a program that contributes to their safety
and prosperity while protecting individual freedoms.
James Jay Carafano,
Ph.D., is Assistant Director of the Kathryn and Shelby Cullom
Davis Institute for International Studies and Senior Research
Fellow for National Security and Homeland Security in the Douglas
and Sarah Allison Center for Foreign Policy Studies at The Heritage
Foundation. Gabriela Herrera contributed to this
WebMemo.