President Bush is expected to approve the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 later this month, and it will come into force in three years' time.
The Real ID Act is designed to create a federally approved driver's licence, production of which will be required by anyone seeking to fly, enter federal buildings, or open a bank account. Those who cannot produce the licence will be obliged to produce other forms of ID, for more rigorous checking.
Republican Congressman James Sensenbrunner drafted the bill with three intentions.
First, while the legislation does not say who may or may not drive a car, it does address the use of a driver's license as a form of identification to a federal official. The Real ID Act will establish a uniform rule for all states that temporary drivers' licenses for foreign visitors will expire when their visa terms expire, and it will establish tough rules for confirming identity before temporary drivers' licenses are issued.
Second, it will tighten the asylum system, which Sensenbrunner says is abused by terrorists, and reduce the opportunity for immigration fraud.
Third, the Real ID Act will close a three-mile hole in the San Diego border security fence.
The House of Representatives passed the bill on 5th May, by a vote of 368–58. The bill passed the Senate on Tuesday by a vote of 100–0.
Privacy activists are furious about the bill, which was opposed by groups as diverse as the American Civil Liberties Union (ACLU), the National Association of Evangelicals, the Ancient Order of Hibernians, the National Council of State Legislatures, the National Governors Association and the American Association of Motor Vehicle Administrators.
According to the ACLU, the Act will take the US one step closer to a national ID, and a "show us your papers" society, by forcing states to link their databases – containing every licensed driver's personal information – with other states, with no guidelines as to who will have access to that information.
Federal mandates would also determine what forms of identification are needed to obtain state drivers' licenses, making it possible that law-abiding American citizens who lack certain key documents – like birth certificates and social security numbers, etc – could be denied licences.
Furthermore, says the ACLU, the Real ID Act was passed by the House with no review or hearings. The Senate held no hearings either.
"The Real ID Act was sold as an illegal-immigration fix bill, when in fact it reduces every American's freedom," said Timothy Sparapani, an ACLU Legislative Counsel. "At a time when identity theft is rampant, Congress has just made the DMV [Department of Motor Vehicles] one-stop shopping for identity thieves."
There is extensive comment on this law at Bruce Schneier's security blog