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The REAL ID Act is being gutted

April 20, 2009

The changes the Pass ID Act would make to current law include:

  • Push full compliance out until 2021, 20 years after 9/11 and four years past REAL ID.
  • State laws preempt the PASS ID Act, including privacy laws.
  • States may file a justification for noncompliance and receive an extension.
  • Pushes off compliance for use of electronic verification of lawful status (via the Department of Homeland Security’s SAVE Program) until January 1, 2013.
  • Deletes the requirement that “the applicant must provide sufficient documentation for a state to both verify identity and authenticate documents presented for the purpose of establishing identity.”
  • Deletes requirement that applicants provide a Social Security number, only needing to “take appropriate steps to validate” the number if the applicant “has been issued a Social Security number.”
  • Deletes the benchmarks and timetable for compliance.
  • Deletes requirement that states “make reasonable efforts” to ensure that applicant does not have more than one driver’s license/non-driver ID under a different or same identity in state where applying, or has been issued a DL/ID in another state. This weakness was exploited by the 9/11 hijackers.
  • Deletes listing of acceptable documents to prove date of birth.
  • Deletes requirement that states verify birth certificates through the Electronic Verification of Vital Events system, as it becomes available.
  • Deletes requiring two documents to show principal place of residence, only requiring one, the same standard the 9/11 hijackers exploited to obtain fraudulent ID cards in Virginia.
  • Deletes requirement that DL/ID not be issued until resolution with issuing office if there is a non-match or a document does not appear authentic.
  • Deletes requirement that applicant supply full legal name.
  • Deletes applicant declaration that information presented is true and correct under penalty of perjury.
  • Deletes some of the major anti-tampering requirements including that the ID require an “easily identifiable visual or tactile feature” for cursory examination without aids.
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