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WASHINGTON (AP) - Millions of air travelers may find going through
airport security much more complicated this spring, as the Bush
administration heads toward a showdown with state governments over
post-Sept. 11 rules for new driver's licenses.
By May, the dispute could leave millions of people unable to use their
licenses to board planes, but privacy advocates called that a hollow
threat by federal officials.
Homeland Security Secretary Michael Chertoff, who was unveiling final
details of the REAL ID Act's rules on Friday, said that if states want
their licenses to remain valid for air travel after May 2008, those
states must seek a waiver indicating they want more time to comply with
the legislation.
Chertoff said that for any state which doesn't seek such a waiver by
May, residents of that state will have to use a passport or certain
types of federal border-crossing cards if they want to avoid a vigorous
secondary screening at airport security.
"The last thing I want to do is punish citizens of a state who would
love to have a REAL ID license but can't get one," Chertoff said. "But
in the end, the rule is the rule as passed by Congress."
The plan's chief critic, the American Civil Liberties Union, called
Chertoff's deadline a bluff - and urged state governments to call him
on it.
"Are they really prepared to shut those airports down? Which is what
effectively would happen if the residents of those states are going to
have to go through secondary scrutiny," said Barry Steinhardt, director
of the ACLU's technology and liberty program. "This is a scare tactic."
So far, 17 states have passed legislation or resolutions objecting to
the REAL ID Act's provisions, many due to concerns it will cost them
too much to comply. The 17, according to the ACLU, are Arkansas,
Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Missouri, Montana,
Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, South
Carolina, Tennessee and Washington.
Maine officials said Friday they were unsure if their own state law
even allows them to ask for a waiver.
"It certainly seems to be an effort by the federal government to create
compliance with REAL ID whether states have an interest in doing so or
not," said Don Cookson, spokesman for the Maine secretary of state's
office.
The Sept. 11 attacks were the main motivation for the changes: The
hijacker-pilot who flew into the Pentagon, Hani Hanjour, had four
driver's licenses and ID cards from three states.
The Homeland Security Department and other officials say the only way
to ensure an ID is safe is to check it against secure government data;
critics such as the ACLU say that creates a system that is more likely
to be infiltrated and have its personal data pilfered.
Congress passed the REAL ID law in 2005, but the effort has been
delayed by opposition from states worried about the cost and civil
libertarians upset about what they believe are invasions of privacy.
Under the rules announced Friday, Americans born after Dec. 1, 1964,
will have to get more secure driver's licenses in the next six years,
over which time the new requirements would gradually be phased in.
A key deadline would come in 2011, when federal authorities hope all
states will be in compliance, and the regulations would not take full
effect for all Americans until 2017.
To make the plan more appealing to cost-conscious states, federal
authorities drastically reduced the expected cost from $14.6 billion to
$3.9 billion, a 73 percent decline, said Homeland Security officials
familiar with the plan.
By 2014, anyone seeking to board an airplane or enter a federal
building would have to present a REAL ID-compliant card, with the
notable exception of those older than 50, Homeland Security officials
said.
The over-50 exemption was created to give states more time to get
everyone new licenses, and officials say the risk of someone in that
age group being a terrorist, illegal immigrant or con artist is much
less. By 2017, even those over 50 must have a REAL ID-compliant card to
board a plane.
Among other details of the REAL ID plan:
_The traditional driver's license photograph would be taken at the
beginning of the application instead of the end so that if someone is
rejected for failure to prove identity and citizenship, the applicant's
photo would be kept on file and checked if that person tried to con the
system again.
_The cards will have three layers of security measures but will not
contain microchips as some had expected. States will be able to choose
from a menu which security measures they will put in their cards.
_After Social Security and immigration status checks become nationwide
practice, officials plan to move on to more expansive security checks.
State DMV offices would be required to verify birth certificates; check
with other states to ensure an applicant doesn't have more than one
license; and check with the State Department to verify applicants who
use passports to get a driver's license.
Original
Source
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New ID Rules May Complicate Air Travel
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