Special Committee on Homeland Security and Public Safety Home

November 18, 2009

Dear Speaker Pelosi, Senator Reid, Senator McConnell, and Representative Boehner:

By December 31, 2009, states must be materially compliant with the REAL ID Act of 2005 (REAL ID) or their citizens will not be able to use their driver’s licenses as identification to board commercial aircraft.  Based on a survey of our states, we believe that as many as 36 states will not meet the requirements of REAL ID by the end of the year.  To avoid this disruption to our citizens, especially during the holiday travel period, Congress must pass S. 1261, the “Providing for Additional Security in States’ Identification Act” (PASS ID), this year.

Since REAL ID was enacted, states have maintained that its timelines and requirements are unrealistic and constitute a huge unfunded mandate with costs far outpacing federal funding.  For these reasons, and as a result of privacy concerns, 13 states have enacted legislation prohibiting full compliance with the requirements of REAL ID, and several others have passed anti-REAL ID resolutions or have similar legislation pending. Without state participation, REAL ID falls far short of its promises, and the uncertainty of its future leaves us less secure.

PASS ID offers better, more secure and less costly standards for driver’s licenses than REAL ID.  It would alter REAL ID to allow state innovation in meeting security requirements and reduce costs by eliminating unnecessary requirements that do not increase the security and integrity of driver’s licenses and identification cards.  It also addresses privacy concerns by protecting individuals’ personal information and takes the first step toward covering the cost of compliance by authorizing funds for all states to implement the law. 

The Senate Homeland Security and Governmental Affairs Committee unanimously approved S. 1261 in July.  The bill enjoys bipartisan support and the endorsement of the Secretary of the U.S. Department of Homeland Security as a practical solution that builds on the strengths of REAL ID, fixes its weaknesses and represents the best way to fulfill an important recommendation of the 9/11 Commission.

Our citizens should not be punished for the failures of REAL ID.  We therefore ask that you work with us to pass S. 1261 before the end of the year.