Real id v. pass id: Securing identification CARDS

1. Real id v. pass id:Securing identification CARDS Janice Kephart Director of National Security Policy, Center for Immigration Studies

2. origin of real id Act of 2005 REAL ID Driver License provisions derive from: 9/11 Commission recommendations (2004) Federal standards to be set for secure driver license and birth record issuance Travel documents are as important as weapons to a terrorist� essential to assure people are who they say they are AAMVA Security Framework (2004) To assure people are who they say they are requires identity verification and document authentication including date of birth, passport info, legal status

3. real id v. pass id Real id Pass id Identity Verification / Document Authentication. Verify Identity by requiring States to digitize birth records and provide connectivity so any vital record can be checked by any State Authenticate information provided to obtain a license, including: Social Security information Immigration or lawful presence Passport numbers and photos Multiple proof of principal place of residence. Identity Verification / Document Authentication. Validate identity by checking paper provided by applicant. Eliminates birth record digitization and connectivity. Authenticate information provided to obtain a license, including: Social Security information, but State can resolve mismatches as like Immigration or lawful presence Eliminates passport numbers and photos Eliminates mulitple proof of identity, such as principal place of residence. READ REAL ID. PASS ID returns identity verification to identity validation, the pre-9/11 standard, in which the state can simply rubber-stamp documents, taking them as presented, including birth certificates, principal residency documents, Social Security numbers, and passports. This was the same process that seven 9/11 hijackers used to secure fake documents (principal residence affidavits) in Virginia, which enabled them to obtain IDs and use them at airline ticket counters on the morning of 9/11. The issue of passport verification and birth record digitization I will come back to and spend most of the rest of my time here. READ REAL ID. PASS ID returns identity verification to identity validation, the pre-9/11 standard, in which the state can simply rubber-stamp documents, taking them as presented, including birth certificates, principal residency documents, Social Security numbers, and passports. This was the same process that seven 9/11 hijackers used to secure fake documents (principal residence affidavits) in Virginia, which enabled them to obtain IDs and use them at airline ticket counters on the morning of 9/11. The issue of passport verification and birth record digitization I will come back to and spend most of the rest of my time here.

4. real id v. pass id Real id Pass id "Official Purposes" Requirement: REAL IDs will be required to board a commercial aircraft or enter a federal building and for other uses for "official purposes.� "Official Purposes" Requirement: Eliminated. Given that at least six hijackers used state-issued IDs or drivers' licenses at airport check-in counters on the morning of 9/11, REAL ID requires passengers to present a secure ID before boarding a commercial airplane. PASS ID eliminates this provision, allowing anyone to board a commercial aircraft whether or not he or she has a secure ID. I call this the NO SHOES NO ID requirement. Given that at least six hijackers used state-issued IDs or drivers' licenses at airport check-in counters on the morning of 9/11, REAL ID requires passengers to present a secure ID before boarding a commercial airplane. PASS ID eliminates this provision, allowing anyone to board a commercial aircraft whether or not he or she has a secure ID. I call this the NO SHOES NO ID requirement.

5. real id v. pass id Real id Pass id Security Plans. To ensure states meet security and privacy standards and to hold them accountable, REAL ID requires states to submit detailed security plans. Security Plans. Eliminated. Eliminates All Security Plans. PASS ID does require public notice of security and privacy policies, but does not require security plans as mandated for compliance under REAL ID.Eliminates All Security Plans. PASS ID does require public notice of security and privacy policies, but does not require security plans as mandated for compliance under REAL ID.

6. real id v. pass id Real id Pass id One Driver, One License. REAL ID requires creation of a network of state databases to enable states to verify that applicants do not hold multiple licenses in multiple states. One Driver, One License. Eliminated. One Driver, One License. REAL ID requires creation of a network of state databases to enable states to verify that applicants do not hold multiple licenses in multiple states, something states have done voluntarily for years for commercial licenses and "bad" drivers. States are also voluntarily exchanging digital images of drivers outside of REAL ID requirements. Eliminate Information Sharing Among States. The 9/11 Commission also found that 18 of 19 9/11 hijackers held 30 drivers' licenses and IDs between them from multiple states, similar to bad drivers, drug runners, counterfeiters, and others trying to circumvent the law. While over $60 million in grant monies have been given to the states to create an information-sharing system to ensure that applicants no longer hold driver's licenses from other states, PASS ID would end that program, replacing it with a demonstration project that would likely never produce a usable system. One Driver, One License. REAL ID requires creation of a network of state databases to enable states to verify that applicants do not hold multiple licenses in multiple states, something states have done voluntarily for years for commercial licenses and "bad" drivers. States are also voluntarily exchanging digital images of drivers outside of REAL ID requirements. Eliminate Information Sharing Among States. The 9/11 Commission also found that 18 of 19 9/11 hijackers held 30 drivers' licenses and IDs between them from multiple states, similar to bad drivers, drug runners, counterfeiters, and others trying to circumvent the law. While over $60 million in grant monies have been given to the states to create an information-sharing system to ensure that applicants no longer hold driver's licenses from other states, PASS ID would end that program, replacing it with a demonstration project that would likely never produce a usable system.

7. Pass id add-ons to real id Enhanced Driver Licenses. PASS ID does enable the Secretary of Homeland Security to certify EDL as REAL ID compliant. With EDLs in PASS ID, EDL states would have access to REAL ID monies. Encourages other border States to produce them. Welcome amendment to current REAL ID. Currently produced by four states (Washington, Michigan, New York, and Vermont) as valid for land border crossing under the Western Hemisphere Travel Initiative, now valid for domestic air travel as well. EDLs are issued only to U.S. citizens on a volunteer basis. EDLs are issued only to U.S. citizens on a volunteer basis, but are considered a strong success and somewhat like a trusted-traveler card by border personnel. Encourages other States interested in EDLs to produce them. With EDLs in PASS ID, EDL states would have access to REAL ID monies. This designation could spur Arizona and Texas, which both are close to EDL implementation, to become operational and issue EDLs to interested citizens. Currently produced by four states (Washington, Michigan, New York, and Vermont) as valid for land border crossing under the Western Hemisphere Travel Initiative, now valid for domestic air travel as well. EDLs are issued only to U.S. citizens on a volunteer basis. EDLs are issued only to U.S. citizens on a volunteer basis, but are considered a strong success and somewhat like a trusted-traveler card by border personnel. Encourages other States interested in EDLs to produce them. With EDLs in PASS ID, EDL states would have access to REAL ID monies. This designation could spur Arizona and Texas, which both are close to EDL implementation, to become operational and issue EDLs to interested citizens.

8. Pass id add-ons to real id New Grants and No Fees. New Grant program created by PASS ID to replace the current REAL ID grant program. Eliminates requirement that States account for monies received. No fees. PASS ID assures free access to any federally maintained database such as the legal presence database SAVE or those used to verify Social Security numbers. (Current practice charges a fee� best result: at cost.) New Grant program is created to replace the current REAL ID grant program (still holding $50 million in appropriations) that assures every state and territory will receive PASS ID monies but does not require an accounting of monies received. In addition, any state that uses legal presence database mandated by PASS ID for legal-status checks, or chooses to use any other federally maintained database, will gain access for free (as opposed to cost, or, in the current rules, for a fee). The better result would be that States would receive these checks at cost to the federal government. New Grant program is created to replace the current REAL ID grant program (still holding $50 million in appropriations) that assures every state and territory will receive PASS ID monies but does not require an accounting of monies received. In addition, any state that uses legal presence database mandated by PASS ID for legal-status checks, or chooses to use any other federally maintained database, will gain access for free (as opposed to cost, or, in the current rules, for a fee). The better result would be that States would receive these checks at cost to the federal government.

9. Birth record digitization REAL ID requires birth record digitization and passport verification. PASS ID eliminates both, even though both are in process of being integrated into State systems today. Proponents claim PASS ID adheres to 9/11 Commission recommendations and Will promote secure driver license issuance Yet elimination of birth record verification negates PASS ID proponents� claims. Why is this so important? No matter what other documents or information an applicant for a driver license submits, everyone submits a birth date. Verifying date of birth is thus absolutely VITAL to a secure driver license issuance process. Review slide and then: In fact, every single SSA office (1500) currently checks the current Electronic Vital Events Verification system (EVVE) now. In addition, verifying birth significantly reduces incidences of identity theft, and supports public safety and national security. Use for passport application verification, job applications, and access to health care are all areas where birth record checks are essential to significantly reducing fraud. Review slide and then: In fact, every single SSA office (1500) currently checks the current Electronic Vital Events Verification system (EVVE) now. In addition, verifying birth significantly reduces incidences of identity theft, and supports public safety and national security. Use for passport application verification, job applications, and access to health care are all areas where birth record checks are essential to significantly reducing fraud.

10. Birth record digitization Current Status of States� birth record digitization effort: 3 years ago, only 3 States had digitized and created connectivity to access vital records in other States. Today,15 States and New York City have digitized and or �cleaned up� their birth records. Five more to be completed by end of 2009. All States will be compliant by the last REAL ID deadline of May 2011, according to the non-profit implementing this program. Current vital records jurisdictions online with EVVE: Hawaii Utah Montana North Dakota South Dakota Kansas Oklahoma Minnesota Iowa Missouri Arkansas Kentucky Mississippi Alabama Connecticut Current vital records jurisdictions online with EVVE: Hawaii Utah Montana North Dakota South Dakota Kansas Oklahoma Minnesota Iowa Missouri Arkansas Kentucky Mississippi Alabama Connecticut

11. Birth record digitization Total cost of connecting all States and territories vital records: $3.8 million, already provided for in prior fiscal years and being used now. Total cost of digitizing and cleaning up e-records in all States: less than $102.5 million (probably about $75 million) estimated by the National Association for Public Health Statistics and Information Systems (NAPHSIS) upon completion of a survey of the States three years ago. Senator Kyl offered an amendment last week for $30 million towards funding digitization in the FY 2010 Homeland Security budget. Senator Kyl offered an amendment last week for $30 million towards funding digitization in the FY 2010 Homeland Security budget. Timing didn�t work out on it; there were already too many amendments in the works but Kyl offering this shows that there are Members who understand the importance of this effort to overall anti-fraud efforts. Senator Kyl offered an amendment last week for $30 million towards funding digitization in the FY 2010 Homeland Security budget. Timing didn�t work out on it; there were already too many amendments in the works but Kyl offering this shows that there are Members who understand the importance of this effort to overall anti-fraud efforts.

12. Birth record digitization Kentucky: Example of Time/Cost Constraints of Clean-up Kentucky had a poor electronic database of birth records. In 2008, the cleanup took about three months for three to four staff to clean up errors and physically pull the original copy of the Certificate of Live Birth to determine if a keying error was made and subsequently manually update these files. In the end a massive data migration and clean up took place to migrate over six million birth records dating back to 1911. After arrival of the new dedicated server from NAPHSIS, Kentucky Registrar of Vital Events noted that to get the program, called EVVE, up and running took about two days. Experiencing about an 85 percent match rate. No matches are resolved in about 30 minutes.

13. Real id v. pass id PASS ID is unnecessary; REAL ID is a better, stronger law that at least 16 states openly support. PASS ID eliminates key elements of security called on by AAMVA�s Security Framework and does not live up to 9/11 Commission recommendations. Eliminating birth record digitization and interstate connectivity is perhaps the single most negative aspect of PASS ID.

14. Janice Kephart 202.466.8185 (w) jlk@cis.org