PRINTER'S NO. 4147
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
1114
Session of
2015
INTRODUCED BY NEILSON, NOVEMBER 3, 2016
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 3, 2016
A RESOLUTION
Urging the Department of Transportation to implement all
necessary and permissible security standards to meet Federal
requirements under the REAL ID Act of 2005.
WHEREAS, The Federal REAL ID Act of 2005 (Public Law 109-13,
119 Stat. 302) established security standards for state-issued
driver's licenses and identification cards and prohibited
Federal agencies and facilities from accepting these forms of
identification from states that did not meet compliance
standards; and
WHEREAS, Concerned for the privacy of Pennsylvanians and the
significant cost to meet Federal compliance, the General
Assembly passed the act of May 8, 2012 (P.L.254, No.38), known
as the REAL ID Nonparticipation Act (Act 38), which prohibited
the Governor and State agencies from participating in the REAL
ID Act of 2005; and
WHEREAS, The REAL ID Act of 2005 was a result of
recommendations made by the National Commission on Terrorist
Attacks Upon the United States, also known as the 9-11
Commission, to set standards for the issuance of sources of
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identification, such as driver's licenses; and
WHEREAS, In response to the passage of the REAL ID Act of
2005, the United States Department of Homeland Security provided
a phased enforcement plan to implement restricted areas of entry
for those states remaining noncompliant with REAL ID standards;
and
WHEREAS, Despite efforts of the Department of Transportation
(PennDOT) to strengthen the security of driver's licenses issued
by the Commonwealth, the United States Department of Homeland
Security has indicated that additional compliance extensions
will not be granted; and
WHEREAS, An extension will only be granted to the
Commonwealth if PennDOT provides new developments or information
on why Federal security standards remain unmet as well as the
reasoning for continued noncompliance; and
WHEREAS, Officials at PennDOT have indicated that the
remaining improvements necessary to meet compliance with Federal
standards are prohibited due to Act 38; and
WHEREAS, Beginning January 30, 2017, Pennsylvania licenses
will no longer be accepted as identification for the purpose of
entry into Federal facilities, military bases and nuclear power
plants; and
WHEREAS, Should Pennsylvania remain out of compliance,
beginning January 22, 2018, Pennsylvania driver's licenses will
not be accepted by the Transportation Security Administration to
board domestic flights; and
WHEREAS, Despite the unfunded and unnecessary mandate that
the Federal Government has imposed on the states in order to
adopt heightened security standards under the REAL ID Act of
2005, Pennsylvanians should not be inconvenienced or unfairly
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burdened due to the noncompliance by the Commonwealth; and
WHEREAS, As the enforcement of the REAL ID Act of 2005
continues, as well as any potential consideration of the General
Assembly to repeal Act 38, the cooperation of PennDOT to
effectively and efficiently implement changes to meet security
and compliance standards is of utmost importance to minimize the
inconveniences borne by Pennsylvanians; therefore be it
RESOLVED, That the House of Representatives urge the
Department of Transportation to implement all necessary and
permissible security standards to meet Federal requirements
under the REAL ID Act of 2005; and be it further
RESOLVED, That the Department of Transportation consider any
reasonable preparations for the implementation of security
features required by the REAL ID Act of 2005 should Act 38 be
repealed.
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