News

Aug 7, 2009

Last week, the Senate Committee on Homeland Security and Governmental Affairs approved an amended version of PASS ID (S.1261) by voice vote. The amendments reflect mostly cosmetic changes to a bill that would repeal and weaken many of the security standards established by the REAL ID Act of 2005.In addition, with the passage of this bill, the date of nationwide compliance would be pushed back to 2016 at the earliest, putting Americans at risk.

The committee did attempt to correct one gaping security loophole of the PASS ID bill. Under current law, REAL ID requires a secure ID to board a commercial airplane. As introduced, PASS ID stated that "no person shall be denied boarding a commercial aircraft solely on the basis of failure to present [secure] identification…." (Section 242(a)(1)(B)). Accordingly, PASS ID in its earlier form would have eliminated an important security measure and allowed people without secure IDs to board airplanes. At an earlier hearing on PASS ID, Sen. Collins expressed concern over this provision.

At the mark-up, Sen. George Voinovich (R-OH) offered an amendment regarding the commercial air travel issue.Sen. Voinovich's amendment "would give TSA the discretion to prevent a person from boarding for failure to show a PASS ID." While Voinovich's amendment represents an improvement over the language contained in PASS ID, it still is weaker than the provisions of REAL ID. As such, the Voinovich amendment essentially returns Transportation Security Administration procedures to pre-9/11 standards that could be exploited by terrorists.

In response to the Voinovich amendment, Sen. Daniel Akaka (D-HI) revealed his motivation behind sponsoring PASS ID — to protect his state's tourism industry. According to Akaka, "…especially for a state like Hawaii which relies so heavily on air travel and tourism…we must ensure that we do not discourage people from traveling." While tourism is an important part of many state's economies, it should not be used as an excuse for maintaining the status quo. Although many senators have claimed that REAL ID was "unfunded" and "unworkable," it is clear by votes against REAL ID grants in 2007 — Akaka and Lieberman included — that their objections were merely a smoke screen for an ulterior motive.

It is unclear whether PASS ID will make its way onto the Senate floor for a full Senate vote. Similar legislation has yet to be introduced in the House of Representatives.