Homeland Security grants Pa. extension on federal ID law

State has 5 months to show it is complying

Pennsylvania officials have won a five-month extension to show progress on complying with the federal REAL ID law, but they haven’t developed a blueprint for meeting the federal standard.

Gov. Tom Wolf and legislative leaders announced Thursday the Department of Homeland Security has granted an extension until June 6. Without the extension, state residents would not have been able to use their driver’s license or state-issued ID card to enter many federal facilities after Jan. 30.

The more difficult restriction would begin Jan. 22, 2018, when residents would no longer be able to use those forms of identification to get through airport security.

Federal officials, who in October told Pennsylvania and four other states they would grant no more extensions because they had not been making progress to comply with the 2005 law, granted the extension in a letter to the state Wednesday. Mr. Wolf and legislative leaders had written Homeland Security on Friday asking for an extension and committing to taking action during the new legislative session that

started this month.

But despite that commitment, legislative leaders said Thursday they are still mapping out a plan to comply with the law.

“I don’t think anybody really knows [how the state will comply],” said Steve Miskin, spokesman for the House Republican caucus.

Mr. Miskin said the state is taking a two-prong approach: asking its federal legislators whether the law can be changed and working across party lines to develop a compliance plan.

“We still have work to do, but we are confident we can do it in a timely fashion,” said Jennifer Kocher, communications director for Senate Majority Leader Jake Corman, R-Centre. “We recognize something has to be done to allow residents access to federal facilities and we are fairly confident we can get there.”

The state maintains it is in “substantial compliance” with the law, which was passed in the aftermath of the Sept. 11, 2001, terrorist attacks. The law requires states to change their driver’s licenses to reduce counterfeiting; to collect identification records when issuing licenses and make them available to federal officials; and to do more thorough background checks on employees issuing licenses.

But the state faces two major hurdles before it can reach full compliance: a state law passed in 2012 that makes it illegal to comply and spending an estimated $250 million to $300 million to replace about 9 million driver’s licenses and 1.4 million photo ID cards at a time when the state is facing severe budget shortfalls.

The Legislature passed the REAL ID Nonparticipation Act, sponsored by state Sen. Mike Folmer, R-Lebanon, after concerns about the cost and privacy because critics say the requirements essentially establish a federal ID card. That means the Legislature must repeal that law before the state can take any tangible steps to comply, but no repeal bill has been scheduled for a vote.

One of the first steps likely will be a study of the cost to issue new licenses and ID cards, said Bill Patton, a spokesman for House Minority Leader Frank Dermody, D-Oakmont. Other states have issued licenses and ID cards that comply at a lower cost, he said.

“That number [$250 million to $300 million] seems high,” Mr. Patton said. “The fiscal situation of the state is a concern in all of this. Any steps we take will have to factor that in.”

Ms. Kocher said Senate Republicans will keep a close eye on costs.

“It’s going to cost some money … but we are committed to doing this in the most fiscally responsible way possible,” she said.

Senate Minority Leader Jay Costa, D-Forest Hills, said developing an acceptable plan for compliance is the most important step. Costs could be spread over several years rather than in one year, he said.

Homeland Security officials made it clear the state would have to take steps toward compliance before they issue another extension.

“This extension is intended to provide Pennsylvania with the opportunity to take any necessary steps needed to meet all the requirements of the REAL ID Act and implementing regulation,” they said. “Failure to take these steps may result in the denial of future extension requests, thereby making Pennsylvania subject to REAL ID enforcement.”

“I don’t think anybody really knows [how the state will comply].” — Steve Miskin, spokesman for the House Republican caucus