Va. Braces for Driver's License Changes
By Anita Kumar
Washington Post Staff Writer
Monday, December 17, 2007; Page B01
RICHMOND -- Virginia officials are struggling over how to implement and pay for new federal regulations that will require the state's 5.5 million drivers to wait in line to get a driver's license in what is expected to be a lengthy process similar to getting a passport.
Some states are refusing to comply with the strict regulations. Others are asking Congress to change or repeal the costly program. But in Virginia, a state where nearly half of the Sept. 11, 2001, hijackers got their driver's licenses, many lawmakers generally welcome the safeguards designed to help prevent terrorist attacks and reduce the number of licenses granted to illegal immigrants.
"The vast majority of 9/11 terrorists used Virginia licenses," Gov. Timothy M. Kaine (D) said. "I think that's why you haven't seen as much of a push back."
Maryland lawmakers introduced bills this year calling for a repeal of the regulations, but none passed. The D.C. Council passed a resolution supporting a repeal this year.
Virginia is one of a handful of states that have set aside money to start implementing the law by the May deadline. But the state will remain at a standstill until the Homeland Security Department releases long-promised guidelines creating licenses with digital photographs, signatures and machine-readable features such as bar codes.
"We've been on hold waiting for the federal government to make up its mind," said D.B. Smit, commissioner of the Virginia Department of Motor Vehicles. "There's an uncertainty about it. It's a very anxious time for us."
Under the regulations, drivers would have to bring proof of citizenship or legal presence and proof of Virginia residency to the local motor vehicles office. Workers would verify the information before mailing the licenses to the drivers.
State officials said they probably will not require everyone who has a license to come in at the same time for the new license. Instead, drivers will go in when they are scheduled to renew, or every five years. Still, this could lead to longer-than-usual waits because many people renew by mail, Internet or phone. Of about 888,000 renewals a year, 232,000 people do not go to DMV offices.
Across the nation, opposition to the regulations is building from a diverse coalition of organizations and governments that worry about a loss of privacy, a hefty price tag and the treatment of those who might have trouble producing necessary documents, including immigrants, the elderly and the disabled. About two-thirds of states have passed or are debating legislation opposing the law, called the Real ID Act.
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"Real ID is, in fact, a real nightmare," said Barry Steinhardt, director of the technology and liberty program at the American Civil Liberties Union. "It was a bad idea from the very beginning. . . . It bowed to the wishes of a few powerful members of Congress."
Congress approved the bill after it was established that the Sept. 11 hijackers acquired, legitimately or by fraud, IDs that allowed them to board planes, rent cars and apartments and open bank accounts. Seven of the 19 hijackers obtained documents in Virginia, where terrorists hijacked a plane at Dulles International Airport and crashed it into the Pentagon.
Supporters say the law will make it more difficult for potential terrorists to move through the country.
"There are groups out there who want to attack the United States," U.S. Rep. Frank R. Wolf (R-Va.) said. "I don't think this is the time to let our guard down."
Opponents say it will produce a type of national ID card that will lead to more unlicensed and uninsured drivers.
U.S. Rep. James P. Moran Jr. (D-Va.) called the Real ID Act "an insane federal law" and "a nutty piece of legislation that needs to be rewritten."
"All this is going to do is make life miserable for American citizens," Moran said. The lines to get licenses "are going to be several blocks long, 24 hours a day."
In Virginia, where immigration has become a huge political issue in recent months, the act is also being touted by some lawmakers, including state Sen. John C. Watkins (R-Chesterfield), chairman of the Virginia Commission on Immigration, as a way to curb legitimate documents being given to illegal immigrants.
But Claire Guthrie Gastanaga, who represents several immigrant groups, including the Virginia Coalition of Latino Organizations, predicts that the law will drive illegal immigrants underground, where they will get scammed by companies offering fraudulent papers or international driver's licenses that cannot be used for driving in Virginia.
Bills are pending in both chambers of Congress to delay or repeal the law before May. Homeland Security Secretary Michael Chertoff is expected to announce delays, for at least some drivers, in the next few months.
U.S. Rep. Thomas M. Davis III (R-Va.), one of the original sponsors of the bill, said that the states' concerns will be addressed and that if they do not want to comply with the law, they can opt out.
However, driver's licenses issued in states that do not comply cannot be accepted as proof of identity for boarding airplanes, buying guns or entering federal buildings.
Virginia was the first state to try to increase security of driver's licenses after the Sept. 11 attacks. In 2003, the General Assembly passed a law requiring new applicants to provide proof of citizenship or legal presence, along with proof of Virginia residency.
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Two years later, Congress took it a step further, requiring all states to provide proof of citizenship or legal presence for new and existing drivers.
Documents used as evidence, such as birth certificates and passports, would have to be verified by comparing them to Social Security, immigration and State Department databases as well as those of other states.
Del. David B. Albo (R-Fairfax), one of the original sponsors of the Virginia bill, said he likes the concept behind the federal law but does not want to get stuck footing the bill. His legislation initially included renewals until it became clear that the state could not afford to upgrade the nearly 1 million licenses renewed each year.
The cost of implementing the Real ID Act in Virginia is unknown because the specific federal requirements are still unknown. Estimates have varied from $35 million to $170 million in start-up costs, with million of dollars more in annual operating costs.
"This is a very expensive federal mandate," said Pierce R. Homer, Virginia's secretary of transportation.
Nationally, cost estimates range from $11 billion to $23 billion. Congress has set aside just $40 million for states, with $50 million more pending in a bill in Congress now.
Last year, the General Assembly allocated $2.5 million in initial start-up costs and $5.2 million for operating costs. The DMV expects $5.2 million a year in state money until implementation is completed.
Kaine will unveil his two-year budget Monday but said he has not set aside new money for the Real ID Act because of the lack of federal guidelines.
"It would be hard to ask the legislature for anything when the regulations are still up in the air," Kaine said
