[Infowarrior] - Federal buildings become Real ID zones

[Richard Forno]

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From: RJ Riley


http://www.news.com/Federal-buildings-become-Real-ID-zones/2009-1028-6229133
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Federal buildings become Real ID zones

By Declan McCullagh <mailto:Declan.McCullagh at cnet.com> and Anne
Broache<mailto:Anne.Broache at cnet.com>
Staff Writers, CNET News.com
February 5, 2008 4:00 AM PST
TalkBack<http://www.news.com/Federal-buildings-become-Real-ID-zones/2009-102
8-6229133.html?part=dht&tag=nl.e703#talkback#talkback>


Editor's note: A May deadline looms as just one flash point in a political
showdown between Homeland Security and states that oppose Real ID demands.
This is the second in a four-part series examining the confrontation.

The nation's capital attracts more than 15 million visitors a year, mostly
leisure travelers who often make their way to the city's official visitor
center, which is conveniently located downtown in a corner of the Ronald
Reagan building.

Or was that inconveniently located? Starting May 11, Americans living in
states that don't comply with new federal regulations could be barred from
entering Washington D.C.'s visitor
center<http://www.itcdc.com/explore.php?p=2> and collecting the
complimentary maps and brochures--unless they happen to bring a U.S.
passport or military ID with them.

That not-very-welcoming rule is part of a 2005 law called the Real ID
Act<http://www.news.com/The-legislation-behind-a-national-ID/2100-1028_3-622
8910.html?tag=st.nl>, which takes effect in just over three months. It says
that driver's licenses from states that have not agreed to Real ID mandates
from the Department of Homeland Security, or which have not requested a
deadline extension, can no longer be used to access "federal facilities."

Because the visitor center is in a government building that checks ID, it
might just become off-limits to Americans with licenses or state ID cards
from the following noncompliant states: Maine, South Carolina, Montana,
Oklahoma, and New Hampshire. Fifteen other states and the District of
Columbia have not decided whether to comply or ask for an extension,
according to a survey conducted by CNET News.com over the last two weeks,
meaning the fate of driver's licenses and state ID cards used by their
residents remains uncertain.

This could become be a politically volatile situation for the Bush
administration, which has championed Real ID as a way to identify terrorists
and criminals--but now faces a groundswell of
opposition<http://www.news.com/The-Real-ID-rebellion/2010-1028_3-6061578.htm
l?tag=st.nl> by state governments, as well as the prospect of
inconveniencing millions of otherwise law-abiding Americans at
airports<http://www.news.com/Real-ID-could-mean-real-travel-headaches/2009-1
028_3-6228133.html?tag=st.nl> and at the entrances of buildings maintained
by their own tax dollars. Homeland Security
says<http://www.dhs.gov/xprevprot/laws/gc_1172765386179.shtm>, laconically,
that it "cannot predict how individuals" from those states will be affected.

No Real ID, no admittance?

Starting May 11, unless your home state agrees to comply with the federal
Real ID Act or unless it asks for an extension, you might have trouble
getting into federal buildings. Click a state below to see what that state
has told us about whether or not its ID cards will meet Real ID
requirements.
[cid:image009.gif at 01C86819.A92DA0B0][cid:image006.gif at 01C86801.05890160]
Click a state above to see what that state has told us about whether or not
it's going along with the federal Real ID Act.
Alabama

Alabama plans to ask for an extension. "At this point, one option that's
being considered is a 'hybrid' approach to Real ID in Alabama, by which the
state would offer compliant and noncompliant driver licenses and ID cards.
We do plan to ask for an extension."
--Dorris Teague, Public Information/Education Unit, Alabama Department of
Public Safety

Alaska

"Alaska does indeed intend to request an extension to meet the requirements
of Real ID. We haven't submitted our extension request yet, but we fully
intend to do so in the very near future."
--Whitney Brewster, spokeswoman, Alaska Division of Motor Vehicles

Arizona

Arizona says that Homeland Security has said the state will "automatically
get an extension" because of an existing
plan<http://www.dhs.gov/xnews/releases/pr_1196971699639.shtm> to revamp its
licenses, according to Jeanine L'Ecuyer, spokeswoman for Arizona Gov. Janet
Napolitano. That means its driver's licenses and state ID cards will be
treated as Real ID-compliant until December 31, 2009.

But L'Ecuyer added that final compliance is still an open question: "Will
Arizona do Real ID? Maybe is the honest answer to that question."

Arkansas

"We have asked for the first extension, but in the extension letter, we say
we are not committed to implementing Real ID. We just need time to look at
it and evaluate it."
--Mike Munns, assistant revenue commissioner for Arkansas

California

California 
reiterated<http://www.dmv.ca.gov/pubs/newsrel/newsrel08/2008-02.htm> in
January 2008 that it has no problems complying with Real ID. Its statement
did, however, mention "privacy and funding issues, which continue to be a
concern for California."

Colorado

"We requested and received the extension until 2009, and we expect to be
fully on the road to implementing Real ID satisfactorily by that point to
get another extension in the future if we need to."
--Mark Couch, spokesman for the Colorado Department of Revenue

Connecticut

Connecticut has not decided whether to comply with Real ID, reject it
completely, or request an extension to keep its options open. "We are still
studying the issue. (Department of Motor Vehicles Commissioner Robert Ward)
remains supportive of the concept, but no firm decisions have been made."
--Bill Seymour, spokesman for the motor vehicle commissioner.

Delaware

Delaware has not decided whether to comply with Real ID, reject it
completely, or request an extension to keep its options open. "The DMV
director and secretary are going to give a briefing to the governor next
month, February. Because we've got until the end of March to decide...After
they have this meeting with the governor is when we're going to make our
official choice."
--Mike Williams, spokesman, Delaware Department of Transportation

Florida

Florida has not announced whether it will or will not request an extension.
"Thanks to the leadership of our governor, cabinet, and legislature, Florida
already provides our citizens a secure and safe driver license and
identification card, and we are well postured to incorporate any changes
that may be required. We applaud the federal government on their efforts to
protect all of our citizens with the implementation of this act."
--Ann Nucatola, public information director, Department of Highway Safety
and Motor Vehicles

Georgia

Georgia has not decided whether to comply with Real ID, reject it
completely, or request an extension to keep its options open. The
legislature has 
approved<http://www.legis.state.ga.us/legis/2007_08/fulltext/sb5.htm>
legislation authorizing the governor to reject Real ID if federal
regulations do not "adequately safeguard and restrict use of the information
in order to protect the privacy rights" of Georgia residents. "Our
legislature has to make that determination within the next few months."
--Susan Sports, public information officer, Georgia Department of Driver
Services

Hawaii

Hawaii has filed for and received an extension. "We are moving forward on
reviewing the rules and coordinating with the county DMVs to see how the
rules can be implemented and coordinated."
--Russell Pang, chief of Media Relations for Hawaii Gov. Linda Lingle

Idaho

"We've asked for an extension, but we still have serious concerns and
reservations about it and its future here is to be determined."
--Jon Hanian, spokesman for Idaho Gov. C.L. "Butch" Otter

Illinois

"We have every intention to file for an extension."
--Henry Haupt, spokesman for Illinois Secretary of State Jesse White

Indiana

"We do intend to comply, and we have filed for and received an extension.
Over the past couple of years, we've done some security enhancements to our
own system that we were going to do regardless of how Real ID rolled out."
--Dennis Rosebrough, spokesman, Indiana Bureau of Motor Vehicles

Iowa
"Yes, Iowa will be implementing Real ID and we will be requesting the first
extension."
--Dena Gray-Fisher, spokeswoman, Iowa Department of Transportation
Kansas

"Kansas has obtained authorization for the extension, which gets us out to
the end of 2009 and affords us the opportunity to see where we are,
negotiate a few different things with our vendor and others. It gives us a
little breathing room."
--Carmen Alldritt, director of the division of vehicles, Kansas Department
of Revenue

Kentucky

"A Real ID would be an entirely new document. The current KY license would
not meet the new standard...Kentucky has asked for the extension."
--Mark Brown, spokesman, Kentucky Transportation Cabinet

Louisiana

State officials have not responded to repeated requests for information
about Real ID compliance. One bill in the state legislature asks Congress to
repeal Real ID, while a response to a DMV survey says that "We believe that
Louisiana will meet standards."

Maine

Will not comply. "There is currently no effort being undertaken within the
state to roll back the public law preventing the secretary from moving in
the direction of Real ID. It is a situation where Mainers may face some
inconvenience at airports come May 11."
--Don Cookson, spokesman for Maine Secretary of State Matthew Dunlap

Maryland

Maryland requested a deadline extension. "We're still going through 300
pages of federal guidelines. We're currently evaluating those guidelines and
then we'll develop a program that is Real ID-compliant."
--Jack Cahalan, spokesman, Maryland Department of Transportation

Massachusetts

"Massachusetts did apply for the waiver and received it. We are basically
telling (drivers who call us) that we've gotten the exemption, which means
that you are going to show your valid driver's license to get on an airplane
just as you have in the past until December 2009."
--Ann Dufresne, spokeswoman, Massachusetts Department of Motor Vehicles.

After December 2009, states can apply for a second extension, but will
receive it only if they're taking affirmative steps to comply.

Michigan

Michigan has not decided whether to comply with Real ID, reject it
completely, or request an extension to keep its options open. "At this
point, we have not requested a waiver. We're still trying to work out some
of the details."
--Kelly Chesney, spokeswoman for Michigan Secretary of State Terri Lyn Land.
The state's Web 
site<http://www.michigan.gov/sos/0,1607,7-127-1627_45431-130358--,00.html>
says: "There are still many unknowns...Michigan law changes will be
necessary."

Minnesota

"We did receive a letter from Homeland Security and it said that our
extension had been granted, so that would mean that our documents, our
driver's licenses, and ID cards, are compliant until December 31, 2009."
--Minnesota Department of Public Safety spokeswoman

Mississippi

No response to repeated inquiries.

Missouri

No response to repeated inquiries. The state Web
site<http://dor.mo.gov/mvdl/drivers/realid.htm> says: "January 11, 2008 the
U.S. Department of Homeland Security (DHS) released the final rule
establishing minimum security standards for state-issued driver licenses and
identification cards. The rule is 284 pages in length. The Missouri
Department of Revenue is in the process of reviewing the rules to determine
the impact to Missouri."

Montana

Montana's legislature has flatly rejected Real ID in a bill that the
governor has signed into law. Gov. Brian Schwitzer has called
on<http://governor.mt.gov/brian/RealID_080118.pdf> his colleagues in other
states this month to join Montana in opposition to this "major threat to the
privacy, constitutional rights, and pocketbooks of ordinary Montanans." Lynn
Solomon, a spokeswoman for the Montana attorney general's office, told us:
"Right now we're not even sure that the existing Montana law allows us to
ask for the extension. We're just sort of sitting tight."

Nebraska

"Nebraska has requested and has been granted an initial extension. That
extension does not require you to technically commit to Real ID
compliance--it says we need some time, and that's what we said, we need some
time. Whether or not Nebraska is ultimately going to be compliant is really
for the most part right now in the hands of the legislature."
--Beverly Neth, director, Nebraska Department of Motor Vehicles

Nevada

Nevada has applied for a deadline extension. "Certainly this is something
that the governor supports and believes is important, although he believes
in some respects it is an unfunded mandate and that the federal government
should assist the states with the funding," Melissa Subbotin, spokeswoman
for Nevada Gov. Jim Gibbons, told us.

New Hampshire

New Hampshire last year enacted a law that prohibits the state from changing
its driver's license and identification card laws to comply with Real ID. It
doesn't appear that is going to change. "As it stands now, the only action
that has been taken is legislation to keep us out of it. There would be no
way that the state could pass amending legislation or undo that within that
time frame; it's just not going to happen. I don't see that anything could
be done in the intervening time to change it," Jim Van Dongen, spokesman for
the New Hampshire Department of Safety, told us.

New Jersey

New Jersey has not decided whether to comply with Real ID, reject it
completely, or request an extension to keep its options open. Mike Horan, a
spokesman for the New Jersey Motor Vehicle Commission, said there are a
number of factors that the state is considering, including cost and wait
times at the DMV. "Are the Real ID requirements going to add 15 minutes more
to a person's wait? Are we going to need a new computer system to manage the
requirements? We're in a bit of a fiscal crisis like many states across the
country. That's a major concern--there are so many things that are in need
of money."

New Mexico

New Mexico has applied for the first deadline extension from the Department
of Homeland Security. "We have not made a final decision on whether we are
going to implement Real ID or not," said David Harwell, a spokesman for the
state department of taxation and revenue, which issues driver's licenses.
"We are in the process of studying all of the regulations that were issued
by Secretary (Michael) Chertoff several weeks ago."

New York

New York has already received an "unsolicited extension" from the Department
of Homeland Security as part of a recent agreement to change its driver
license policies, said Jennifer Givner, deputy press secretary for Gov.
Eliot Spitzer.

North Carolina

North Carolina said it will request an extension if it's necessary for state
residents to travel after May 11, but has not yet done so. "We're feeling
that we are on track to follow along the Real ID plan as it is right now. We
don't see any situation at this point where our citizens' driver's licenses
would be in jeopardy and keeping them out of federal buildings or off of
airplanes...Basically we feel like we're in a good place."
--Marge Howell, spokeswoman, North Carolina Division of Motor Vehicles

North Dakota

North Dakota has applied for a deadline extension. "Our application is
stating that we'd like the extension and we would still like to reserve the
opportunity to investigate committing to full implementation," said Linda
Butts, deputy director of driver and vehicle services, North Dakota
Department of Transportation. "The other thing that's muddying the water is
that so many of these rules are long-term and seem to continue to mutate and
change a little bit, so that's another thing I think all states are looking
at is the cost of implementation. Are these truly going to be the rules in
2015? Will the rules today be the rules that are implemented five, seven
years down the road?"

Ohio

Ohio said<http://www.publicsafety.ohio.gov/news/2008/RealID_011108.pdf> this
month that it has applied for an extension and was the first state to
receive one.

Oklahoma

Oklahoma's legislature has
approved<http://webserver1.lsb.state.ok.us/2007-08bills/SB/sb464_enr.rtf>
legislation saying that Real ID "is inimical to the security and well-being
of the people of Oklahoma" and, therefore, "the state of Oklahoma shall not
participate in the implementation of the Real ID Act." Paul Sund, spokesman
for Oklahoma governor's office, told us: "I'm not aware of any repeal
efforts, but our legislature does not convene until February 4."

Oregon

Oregon has requested and received an extension. In the longer term, however,
the state may not comply. "Oregon hasn't made a decision for or against
compliance with Real ID. But since the final federal rules were released
January 10, our legislature is likely to put that on its 2009 agenda."
--David House, spokesman for the Oregon Department of Motor Vehicles

Pennsylvania

Pennsylvania has requested and received an extension. In the longer term,
however, the state may not comply. "We're undergoing a comprehensive review
of those regulations right now to look at some potential options, the cost
that would be involved and also the impact to the citizens of Pennsylvania.
Being granted this initial extension just allows us more time to do that and
allows the citizens of the commonwealth to continue using their state
driver's licenses and IDs through December 31, 2009."
--Danielle Klinger, spokeswoman, Pennsylvania Department of Transportation

Rhode Island

Rhode Island has applied for and received the first deadline extension from
DHS, according to state DMV spokeswoman Gina Zanni. "Our governor supports
the Real ID initiative," Zanni told us. "We have applied for part of the
grant money that has been made available...we'd sure like some money."

South Carolina

South Carolina has enacted
legislation<http://www.scstatehouse.net/sess117_2007-2008/prever/449_2007053
1.htm> saying the state "shall not participate in the implementation of the
federal Real ID Act." Beth Parks, spokeswoman for the South Carolina
Department of Motor Vehicles, told us: "Yes, it is true that South Carolina
is a non-participatory state for Real ID. The South Carolina legislature is
the only entity that can change that position. We are comparing the new
regulations to the proposed regulations and our previous cost estimates.
Once we have completed our review, we will provide information to South
Carolina lawmakers and answer any questions they may have."

South Dakota

"We've applied for an extension and received one, but we have not committed
to Real ID yet," said Mitch Krebs, press secretary for South Dakota Gov.
Michael Rounds.

Tennessee

"The Department of Safety is conducting a detailed review of the final rules
in order to fully evaluate the impact Real ID implementation will have on
the citizens of the state of Tennessee. While we anticipate filing an
extension, no official request has been signed as of this date. Keep in
mind, an extension request is not necessarily an indication of our intent to
comply."
--Mike Browning, spokesman, Tennessee Department of Safety

Texas

Texas has not decided whether to comply with Real ID, reject it completely,
or request an extension to keep its options open. "We're still reading the
fine print." --Tela Mange, spokeswoman, Texas Department of Public Safety

Utah

Utah has requested and received a deadline extension. "Our driver's license
division is not a policy-making body. It would be up to the legislature and
the governor. We are currently going through our legislative session--it
just started. That will be one of the topics, whether to go through with
it."
--Sgt. Jeff Nigbur, spokesman, Utah Department of Public Safety

Vermont

"Vermont requested and was granted an extension until December 31, 2009."
--John Zicconi, spokesman, Vermont Agency of Transportation

Virginia

Virginia has not decided whether to comply with Real ID, reject it
completely, or request an extension to keep its options open. "The Virginia
DMV is currently reviewing the regulations to determine our next steps."
--Melanie Stokes, spokeswoman, Virginia Department of Motor Vehicles

Washington

Gov. Christine Gregoire signed
legislation<http://aclu-wa.org/detail.cfm?id=648> last year
prohibiting<http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5087&year=2007
> the state from implementing Real ID unless the federal government provides
funding and greater privacy protections. But, in an apparent effort to avoid
inconveniencing state residents in May, Gregoire requested a compliance
extension. "By not filing an extension, effective May 11, Washingtonians
would have automatically been subject to additional security screenings at
airports and federal buildings," Gregoire said in a recent statement. It
also said: "I will not allow for confusion and chaos at our busy airports.
This extension will allow our residents to continue use of their Washington
state driver license or ID card to board planes and enter federal
buildings...The federal regulations on Real ID compliance are ambiguous, and
I share funding and privacy concerns held by many state legislators."

West Virginia

West Virginia has not decided whether to comply with Real ID, reject it
completely, or request an extension to keep its options open. "In West
Virginia we are still weighing our options based upon the recent changes to
the act's requirements."
--Susan Watkins, spokeswoman, West Virginia Department of Transportation

Wisconsin

Wisconsin has not decided whether to comply with Real ID, reject it
completely, or request an extension to keep its options open. "We've not
made a final determination regarding next steps for Wisconsin as it relates
to Real ID," said Patrick Fernan, operations manager for the Wisconsin
Department of Motor Vehicles. "We have not requested an extension as of
yet."

Wyoming

Wyoming plans to request a deadline extension. "Unless the law for
implementation of Real ID is changed in Washington D.C. or our Wyoming
Legislature passes legislation not to comply with the Real ID, we will work
toward implementation," said Jim O'Connor, support services administrator
for the Wyoming Department of Transportation. He added, however: "We are
concerned about this unfunded federal mandate and the effect it will have on
the people of Wyoming."

Washington, D.C.

The nation's capital has not decided whether to comply with Real ID, reject
it completely, or request an extension to keep its options open. "The DC DMV
is still deciding on next steps," said public information officer Janis
Hazel. "Nothing further to report at this time."

Real ID's scope is surprisingly broad. Jurors could potentially be denied
entrance to federal courthouses. So could prospective students
visiting<http://www.usma.edu/visiting.asp> the U.S. Naval Academy in
Annapolis or the U.S. Military Academy at West Point. Tours of federal
buildings such as the Pentagon and the Treasury Department could be
affected, as could public hearings, conferences, and even concerts. And some
Americans could be denied entrance to the U.S. Capitol building, the iconic
heart of the nation's democracy.

"This will help demonstrate directly to federal officials how impossible
Real ID is," said Jim Harper<http://www.cato.org/people/harper.html>,
director of information policy studies at the Cato Institute, a member of a
Homeland Security advisory panel, and a critic of the law. "It'll also make
constitutional challenges to the act ripe."

Homeland Security declined to elaborate on exactly how federal agencies and
military bases will comply with the 300 pages of regulations released last
month. Amy Kudwa, a DHS representative, merely said that agencies will be
"prohibited from accepting state-issued driver's licenses or photo ID cards
for federal purposes unless states are in compliance with the mandatory
minimum standards for Real ID."

To be sure, not all federal buildings demand that visitors show
identification to enter (nothing changes if no ID is required). And it's
possible that Congress may alter the law before May 11 in response to
pressure from irked state officials. One Senate
bill<http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.00717:> would do just
that--but it's been stuck in a committee ever since it was introduced in
February 2007.

Real ID could affect concerts, hospitals, hearings
Government offices contacted by CNET News.com over the last two weeks were
unsure how they will comply with Real ID, which would likely mean handing
guards a list of which state driver's licenses to reject. Visitors could
present other forms of identification, such as a military ID, a federal
employee ID, or U.S. passport, which the State Department says typically
takes four to six 
weeks<http://travel.state.gov/passport/get/processing/processing_1740.html>
to obtain. (Less than 30 percent of Americans have U.S. passports, according
a National Business Travel Association representative.) Another option is
for government offices to simply stop asking for photo ID.

The Ronald Reagan building, home to the DC Chamber of Commerce's Visitor
Information Center, is tight-lipped about its Real ID plans. Officials were
unable to answer questions about denying non-Real ID visitors access to the
center, which features a television showing a video of Pierre L'Enfant's
plan for the city and touch-screen computers that print out directions to
nearby landmarks. "We actually can't provide any information about that to
you," said building representative Jaycie Roberts.

It was a common refrain. "We have not yet determined how it will impact FAA
facilities," said Federal Aviation Administration spokeswoman Alison
Duquette. "Once we make that determination, we will issue guidance to all
FAA facilities well ahead of the May 11 deadline."

Residents of states like California and New York that have agreed to comply
with Real ID, or that have requested an extension, should not be affected by
the May 11 deadline. But the District of Columbia and 15 other states,
including populous ones like Texas, Virginia, and Michigan, have not
requested an extension, leaving the ability of their citizens to access
federal facilities up in the air.

"We're still reading the fine print," said Tela Mange, a spokeswoman for the
Texas Department of Public Safety. Virginia was no more certain. "The
Virginia DMV is currently reviewing the regulations to determine our next
steps," said Melanie Stokes, a spokeswoman for the state's Department of
Motor Vehicles.

Other effects of Real ID include:

€ Social Security: Some Social Security offices are inside federal
buildings, which means that Americans trying to
replace<https://secure.ssa.gov/apps6z/IMRC/main.html> a Medicare card or
apply in person for government benefits could be inconvenienced. "In terms
of getting into federal buildings, that wouldn't be something I could
answer," said Mark Hinkle, a Social Security Administration spokesman who
referred questions to Homeland Security.

€ Veterans Affairs: Family members and friends visiting patients in Veterans
Affairs hospitals could encounter problems. VA says it requests a
government-issued photo ID for admission during times of a heightened alert
level and isn't sure how to reconcile that requirement with Real ID rules.
"The final rules for the law have to be reviewed by VA's legal and policy
offices before the department can determine how to implement," Veterans
Affairs spokeswoman Josephine Schuda said.

€ Public hearings and conferences: A nanoscience
conference<http://www.nsls.bnl.gov/users/meeting/2008/> at Brookhaven
National Laboratory in Upton, N.Y., is scheduled to begin May 19, eight days
after Real ID takes effect. Attending conference seminars such as
"Electrical Nanoprobes" and "Applications of Synchrotron-Based Microprobe
and Imaging Techniques to Studies of Human Disease" means having to show
photo 
ID<http://www.nsls.bnl.gov/users/meeting/2008/attendee-instructions.htm>,
which could be problematic for researchers from non-Real ID states. In
addition, some government hearings open to the
public<http://www.stb.dot.gov/newsrels.nsf/29d1486804c22b1785256e59005e7e87/
7274c9b3130af89e85256d660059ddc6?OpenDocument> are held in federal buildings
that require photo ID.
Related story
The legislation behind
a national 
ID<http://www.news.com/The-legislation-behind-a-national-ID/2100-1028_3-6228
910.html?tag=st.nl> [cid:image007.gif at 01C86801.05890160]
Read the full text of
the Real ID law here.

€ Concerts: Virtuoso pianist James Giles performed in a
concert<http://www.anl.gov/ARTS/0708_jamesgiles.html> open to the public
last November at the Argonne National Laboratory in Illinois, which requires
photo ID for admission. Concerts organized by the Argonne arts council in
the future could be affected. "The department is currently reviewing our
existing security policies to make the necessary changes to implement the
DHS Rule on Real ID Act compliance," said Joann Wardrip, a spokeswoman for
the Department of Energy, which oversees the Brookhaven and Argonne
laboratories.

€ Military academies and bases: The picturesque U.S. Naval Academy in
Annapolis requires<http://www.usna.edu/visit.htm> picture ID to enter the
grounds. "Currently there is no official DOD policy on the Real ID," said Ed
Zeigler, director of public affairs for the Headquarters Naval District. "If
and when official Real ID policy is established, we may be required to
implement some changes." The Pentagon, which
requires<http://pentagon.afis.osd.mil/tours-guidelines.cfm> photo ID on
tours, did not respond to repeated requests for comment.

>From Homeland Security, an unyielding defense
>From Homeland Security's perspective, the rules are clear: Real ID was signed
on May 11, 2005, by President Bush, and federal agencies have had nearly three
years to comply. The vote in Congress was overwhelmingly in favor of the law,
part of a broader government spending and tsunami relief
bill<http://thomas.loc.gov/cgi-bin/bdquery/z?d109:H.R.1268:> that was approved
unanimously<http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote
_cfm.cfm?congress=109&session=1&vote=00117> by the Senate and by a
vote<http://clerk.house.gov/evs/2005/roll161.xml> of 368 to 58 in the House of
Representatives.

Real ID's edict is unambiguous. It says that "three years after the date of
the enactment of this division, a federal agency may not accept, for any
official purpose, a driver's license or identification card issued by a
state to any person unless the state is meeting the requirements of this
section." The definition of official purposes includes "accessing federal
facilities."

Since its enactment, the Bush administration has been aggressively defending
Real ID, noting that many of the hijackers on September 11, 2001, were able
to fraudulently obtain U.S. driver's licenses. Because Real ID links state
DMV databases, establishes a standard bar code that can be digitally
scanned, and mandates that original documents such as birth certificates be
verified, DHS officials claim the benefits extend beyond antiterror and ID
fraud cases.

DHS recently suggested<http://www.news.com/8301-10784_3-9851813-7.html> that
Real ID could be expanded into a requirement that pharmacies check ID before
selling drugs with pseudoephedrine such as Sudafed. It "could have other
benefits as well, such as reducing unlawful employment, voter fraud, and
underage drinking," Richard Barth, Homeland Security assistant secretary,
told Congress (click for
PDF)<http://hsgac.senate.gov/_files/Testimonybarth.pdf> last year. Barth
added: "Any state or territory that does not comply increases the risk for
the rest of the nation."



Image trimmed.


That unyielding rhetoric has not endeared Real ID to state governments, many
of which have been critical of the law because of its privacy impact,
sovereignty implications, and a total price tag estimated at more than $14
billion<http://www.news.com/8301-10784_3-9848732-7.html>. To ease their
concerns, Homeland Security last month extended the final compliance
deadline to December 2017, but only states that agree to embrace Real ID and
are able to demonstrate their progress qualify.

The May 11 date on which Real ID takes effect has sown confusion even among
federal government agencies. Some claim they will not comply, despite the
fact that the law's requirements apply to "federal facilities."

"Main Treasury will continue to accept a government-issued photo ID from 
visitors wishing to access the building. There will be no change in the IDs 
that are accepted for visitors," Treasury spokeswoman Eileen Gilligan said 
in an e-mail message. When asked whether non-Real ID driver's licenses and 
state identification cards will be accepted after the May deadline, Gilligan 
replied: "All government-issued photo IDs will be accepted."

Questions about access to the U.S. Capitol building also led to mixed 
messages. "Entry into the Capitol will be unaffected," said Sgt. Kimberly 
Schneider, a public information officer with the U.S. Capitol Police. ID is 
required when entering the building for visitors not part of an organized 
tour.

But Homeland Security appears to believe otherwise. "We're working with 
other government branches, to include Capitol and U.S. Supreme Court, to 
ensure applicable enforcement of the law," said DHS representative Kudwa.

Because official business takes place in the Capitol building--some 
politicians have offices 
there<http://www.signonsandiego.com/uniontrib/20061125/news_1n25shuffle.html
> and it is home to some committee 
hearings<http://energy.senate.gov/public/index.cfm?FuseAction=Hearings.Heari
ng&Hearing_ID=1650>--critics of Real ID believe the law could violate 
Americans' First Amendment right to petition their government. "That's where 
you might start to see constitutional challenges," said Harper, the Cato 
Institute analyst.

Restricting access to courthouses is another area that touches on 
constitutional concerns. Federal courts can set their own rules, and many 
require identification: That category includes courthouses in Washington, 
D.C.<http://www.dcd.uscourts.gov/court-entry.html>, Washington 
state<http://www.wawb.uscourts.gov/view.htm?f=8&id=5>, 
Texas<http://www.txed.uscourts.gov/>, 
Delaware<http://www.ded.uscourts.gov/Index.htm>, and 
Louisiana<http://www.laed.uscourts.gov/GENERAL/Notices/ID.htm>. It also 
includes the U.S. Court of Appeals for the Ninth Circuit.

"The USMS and the courts continue to work together to address any issues 
that may arise as it relates to the act," said Nikki Credic, a 
representative of the U.S. Marshals Service in Washington, D.C.

In Maine, a state that has flatly 
rejected<http://www.news.com/Maine-rejects-Real-ID-Act/2100-7348_3-6153532.h
tml?tag=st.nl> Real ID and appears to have no intention of ever complying, 
federal officials said they did not know how jurors or people attending 
naturalization ceremonies would be admitted to the courthouse. Witnesses in 
trials and parties to lawsuits, including criminal defendants out on bail, 
would also be affected.

"Obviously we are aware of the situation and we've been communicating with 
the folks at our headquarters in Virginia as to what our alternatives and 
options are for other solutions to people coming in," said John Clark, chief 
deputy marshal of the federal courthouse in Portland, Maine. "Right now I 
don't have a very specific answer for you."

Federal officials in Montana--whose governor has dubbed Real ID 
(PDF)<http://governor.mt.gov/brian/RealID_080118.pdf>--a "major threat" to 
the privacy and constitutional rights of state residents--also are unsure 
about details. "We're just waiting to see how things play out, to know where 
the chips fall so we can establish our strategy on how to make this thing 
work," said Rod Ostermiller, the chief deputy for the federal courthouse in 
Billings, Mont. "It's just like everything else, there's going to be some 
growing pains, no doubt about it."