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Chairman Brewer and Verga, I am here today to request that the Committee on Veterans and Federal Affairs take swift and favorable action on S. 2138, A Resolve Memorializing the US Congress on the Implementation of Real ID. 

As you know, the Real ID act was slipped into H.R. 1268 (now Public Law 109-10), an omnibus defense and tsunami relief bill, that President Bush signed into law in May of 2005. Because the Act was attached to a vital supplemental spending bill, there was little debate and no opportunity for a full examination of the consequences of the proposal.

Unfortunately, the consequences are great. As an un-funded mandate, the Real ID act threatens to further destabilize the precarious financial footing of Massachusetts and other states across the nation, not to mention inconveniencing every licensed driver across the country and increasing their risk of identity theft. By enacting the Real ID Act, the federal government has gotten into the business of designing secure driver's licenses and identification cards, and telling the states what has to be done to ensure that security. While everyone recognizes the need to make identity documents as secure as is humanly possible, the Real ID act, as it currently stands, is not the answer.

The Real ID Act, as it presently stands, would:

• Cost the State and its Citizens Hundreds of Millions of Dollars.

Nationally, the Department of Homeland Security estimates that the program will cost at least $23.1 billion to implement, of which, $14 billion are costs at the state level. Preliminary estimates in Massachusetts, place the initial costs of implementation at $150 million with recurring costs adding hundreds of millions of dollars to this price tag. Given the state’s revenue picture these would probably have to be paid for through higher license fees.

Unfortunately, to date the Federal Government has allocated only $44 million for the entire country. They will allow states to use up to 20% of their Homeland Security Grant Program for implementation, which in most cases is needed for other security investments. Such funding would equate to about $3 million in Massachusetts, but a fraction of Real ID’s costs and would take important funding away from existing homeland security programs.

• Substantial Inconvenience to all of the 4.6 million license holders in Massachusetts

By May 12, 2013, all 4.6 million plus existing license- or card-holders in Massachusetts will have to make an in-person visit to the Registry of Motor Vehicles and provide original identification documents before a Real ID compliant license can be issued. This will be especially problematic for some elderly residents who were not born in a hospital or were not issued a birth certificate when they were born.

• Over Burden our Registry of Motor Vehicles

The RMV will have to verify the validity of each passport and birth certificate before issuing a new ID. Unfortunately, the federal government has indicated that it will not support a portal for these queries. Massachusetts would have to develop such a system, something that is presently impossible. Databases such as that to verify birth certificates are not yet online and there are significant hurdles to overcome to network them to all states.

The RMV will have to submit a plan to DHS at the very latest by December 31, 2008. They would prefer them by February 10, 2008.

The RMV will have to make substantial changes to its computer systems, systems for manufacturing its licenses, check the backgrounds of many of its employees, and expand the capacities of its branches to handle the increased customer volume.

• Threaten the Identity of All Licensed Drivers in Massachusetts 

The Real ID act would require all 50 states to create portals to a host of different state and federal databases. If the wrong people are able to “crack” into one state’s system, they may have access to all states’ systems. 

The Real ID Act is another unfunded mandate from the federal government. Federal officials will tell us that we don not have to implement it. However for us not to do so leaves our residents with one less acceptable common form of government issued ID, inconveniencing those who travel or use federal facilities. Paradoxically, the federal government will still accept a passport which has less security than a driver’s licenses and is more costly. 

This Commonwealth must send a strong message to Washington that the Real ID act, without federal funding and under its present implementation schedule, is unacceptable. It unnecessarily places the identities of our citizens at risk and would force the Commonwealth to neglect funding programs crucial to building a stronger, safer, more economically vibrant Massachusetts. 

I respectfully request that the Committee on Veteran and Federal Affairs expeditiously report this bill favorably. Massachusetts must join with the National Conference of State Legislatures, the National Governors Association, and the 16 other states who have already passed legislation objecting to the Real ID act to send a strong and clear message that the states cannot secure our identity system alone. We need financial assistance, a reasonable time table for implementation, and a program that sufficiently ensures the security of the personal information a "Real ID" will contain.

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