Real ID could mean real travel headaches

By Anne Broache and Declan McCullagh
Staff Writers, CNET News.com
February 4, 2008 4:00 AM PST

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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 first in a four-part series examining the confrontation.

Shipyard Brewing Company's Maine ales, handcrafted in a former foundry on Portland's waterfront from malted barley, buckets of hop leaves, and Sebago Lake water, have risen to regional prominence. In 2007, the 14-year-old company shipped just more than 1 million cases.

Expanding sales of Shipyard Export Ale, Old Thumper Extra Special, and Bluefin Stout beyond New England has meant trips out of Portland's airport every other week for Fred Forsley, the company's co-founder and president. Forsley, 47, says his most frequent sales calls are to customers in Florida, New York, California, and Arizona.

But starting on May 11, Forsley may no longer be permitted to use his Maine driver's license to fly out of the Portland International Jetport. Under the federal Real ID Act, which the Bush administration has touted as an antiterrorist measure, federal screeners could be required to reject it as invalid identification.

"I have been assuming the issue would get addressed and streamlined," Forsley said. "But now I can see I have to really pay attention."

Forsley is hardly alone. In just more than three months, millions of law-abiding Americans might face new hassles when traveling on commercial flights if they hold driver's licenses or identification cards issued by Maine, South Carolina, Montana, Oklahoma, New Hampshire, and up to 15 other states plus the District of Columbia that have rejected the Real ID regulations on privacy and cost grounds or have not agreed to comply. (See the accompanying map.)

Will I be able to fly after May 11?

Starting May 11, unless your home state agrees to comply with the federal Real ID Act or unless it asks for an extension, you should expect problems going through security at airports. Click a state below to see what that state has told us about whether or not its ID cards will meet Real ID requirements.

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 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 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 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 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 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 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 this month that it has applied for an extension and was the first state to receive one.

Oklahoma

Oklahoma's legislature has approved 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 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 last year prohibiting 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."

This represents a potentially embarrassing political setback to the Bush administration, which has championed Real ID as a way to identify terrorists and criminals. But instead of what supporters hoped would be a seamless shift to a nationalized ID card, the requirements have created a confusing patchwork of state responses. In addition, the administration has been forced to scale back Real ID after an outcry from state motor vehicle administrators.

New hassles at airports
Airlines and travelers associations worry the May 11 deadline will herald chaos at airports unsurpassed by any other recent change to federal law. Liquids and gels can be discarded or placed in checked baggage. But travelers from non-Real ID states will have no choice but to undergo what Homeland Security delicately calls "delays" and "enhanced security screening" unless they happen to have a valid U.S. passport issued by the State Department.

"The DHS proposal that individuals who do not have a passport and happen to live in states that do not seek an extension to comply before May of this year will not be allowed to board a domestic flight is extremely concerning," said Kevin Maguire, president and CEO of the National Business Travel Association, which represents corporate travel managers and travel service providers.

Less than 30 percent of Americans have U.S. passports, Maguire said, and it takes time and money to procure one. "We hope that well in advance of the May deadline, each state and territory will find agreement with DHS, but no citizen should be denied a fundamental right to travel because of a legal battle between their state and the federal government."

Some sort of last-minute compromise is possible before the May 11 deadline, though neither the Bush administration nor the states show any signs of backing down. In addition, any legal changes would probably have to originate with Congress--where a proposal to amend Real ID has been stuck in a Senate committee since February 2007.

A representative of the Air Transport Association, which represents the major U.S. airlines, said her group is pressuring Homeland Security to "work out an arrangement with states to ease the burden on the traveling public," although she declined to describe how any arrangement would work.

"This has the potential to be very problematic," said Victoria Day, ATA's communications director. "DHS is placing the burden on the traveling public for a state's inability to comply."

From DHS' perspective, the law is clear: Real ID was signed on May 11, 2005, by President Bush as part of an Iraq war and tsunami relief bill, and its 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."

This has created an impending political showdown between DHS and the non-Real ID states, which are hoping that the prospect of inconveniencing countless travelers in just more than four months will force the federal government to back down.

Adding to the political brinksmanship is that some of the nation's most populous states, including Florida, Texas, Virginia, and Georgia, have not agreed to comply with Real ID, according to a survey of all 50 states and the District of Columbia that CNET News.com conducted during the past two weeks. Residents of states that have signed up for the proposal or requested a deadline extension--California has publicly applauded Real ID--should not notice a difference when traveling by air.

The feds haven't blinked yet. Last month, DHS published nearly 300 pages of regulations that it expects every state to comply with, and Homeland Security Secretary Michael Chertoff even went so far as to say that only criminals and terrorists should be "disappointed" with the Real ID rules.

It's still unclear how airports will be reconfigured on May 11, with one option being a new security line for non-Real ID holders. Another is that security guards will be given lists of state licenses that are no longer acceptable.

Related story
The legislation behind
a national ID

Read the full text of
the Real ID law here.

The Transportation Security Administration refused to comment. "It's my understanding it's DHS' initiative at this stage in the game," said TSA representative Lauren Wolf.

"That's an operational, ongoing issue at this point in time," said Homeland Security spokeswoman Amy Kudwa. "We'll need to be a bit closer in." DHS still has a few months to figure that out, Kudwa added, noting that "we implemented the liquid ban overnight when we needed to."

The Bush administration already has been forced to back down on some of Real ID's deadlines. Initially, Congress had intended the rules to take effect fully in May 2008.

But in proposed rules last March, DHS offered a five-year extension, until 2013, for states to issue the new cards. The catch: to receive the reprieve, a state must agree to abide by Real ID regulations and submit a report describing its plans. Those that don't will find their driver's licenses disallowed at airports in May 2008.

Even the pro-Real ID states balked at that timeline, and the estimated $14.6 billion price tag for implementation. As a result, in the final rule released last month, DHS extended the deadline a second time to December 1, 2017. Only states that can prove they are well on their way to implementing Real ID qualify for the lengthiest deadline extension.

To take advantage of any kind of extension, states must request a waiver from DHS by March 31, 2008. DHS guarantees that "all states submitting requests will receive extensions until December 31, 2009."

Some states have decided to split the difference by requesting a temporary waiver to avoid inconveniencing driver's license holders at airports and federal buildings--but while having no obvious intention of ever complying with Real ID.

Washington state, which has a law forbidding the governor from going along with Real ID in its current form but nevertheless has requested an extension, falls into that category. So does Idaho. Jon Hanian, spokesman for Idaho governor C.L. "Butch" Otter, echoed the remarks of several other state representatives when he said: "We've asked for an extension, but we still have serious concerns and reservations about it and its future here is to be determined."

In Maine, questions but no answers
Luring tourists to picturesque Bar Harbor, Maine, isn't exactly a desk-based job.

Chris Fogg, the executive director of the town's Chamber of Commerce, frequently heads to tiny Bangor International Airport to attend events like cruise-ship conventions in Miami and tourism trade shows in Washington, D.C., and New York. Those are excellent ways to promote the bayside town of about 5,000 residents, he says.

Fogg's no fan of Real ID. "From what I've heard, there's a lot of misinformation about all of this stuff, when it comes to Real ID (or the Western Hemisphere Travel Inititative)," Fogg said. "None of those things necessarily make the border safer or travel safer."

Airports haven't yet figured out how they're going to comply with Real ID. A spokesman for the Los Angeles International Airport referred enquiries to the TSA. So did the Port Authority of New York and New Jersey.

Maine's largest airport in terms of the number of passengers who use it is Portland International Jetport. Jeff Monroe, director of ports and transport for the city of Portland, which oversees the airport, is waiting for details from the Transportation Security Administration. "That's obviously in hands of the Transportation Security Administration," Monroe said. "If TSA comes to us and says, 'OK, here's the line for Real IDs and here's the line for everybody else,' I'm sure that'll become quite apparent very quickly, and I'm sure we'll have to figure some way to adapt."

But Monroe thinks that politicians eventually will respond to an outcry from air travelers. "The reality is if there's any inconvenience to the traveling public--if all of a sudden as soon as they see Portland, Maine, on the driver's license, the first place you go is for a full body cavity search--sooner or later the traveling public will say to the political leadership, 'My life is not easy here, this traveling experience is not good.'"