Support Sensenbrunner ID Bill?
by Bob Barr

After close scrutiny of legislation introduced January 26th by House Judiciary Chairman James Sensenbrenner (R-WI) and co-sponsored by some 115 other House Members, I generally support it.

The legislation, if enacted, would replace provisions included in 9-11 Commission Recommendations Legislation passed by the Congress and signed into law by President George W. Bush in December 2004. I opposed the 2004 legislation because, among other defects, it would have clearly resulted in a national identification card micro-managed by the federal government. The new proposal is much preferable, because it sets general standards designed to attack the primary federal problem at issue here -- preventing persons illegally in the country from obtaining driver's licenses -- without micro-managing the affairs of the 50 states.

However, I do have concerns with two provisions in the proposed legislation -- one that would require all states to link their driver's license databases into a massive, national database with no restrictions on what information goes into it, and who or what other entities could access it; and another provision that would open the door to require RFID (Radio Frequency Identification) chips be included in any driver's license. I hope that Congress, in conducting hearing on the legislation, and before final passage thereof, takes a hard look at these sections and place strict limitations on the size of any such database, the data that would be included therein, and who can have access thereto. I also urge that the provision opening the door to RFID chips in driver's licenses be deleted, because such devices can be monitored remotely and surreptitiously, whether one is a law-abiding US citizen or a non-citizen in the country unlawfully.

Both these provisions raise substantial and substantive privacy concerns and are unnecessary to achieve the central benefits of the legislation.

I also strongly support the provision in the bill that would remove arbitrary obstacles in other federal laws and regulations -- such as endangered species or wetlands restrictions -- that have thus far hampered implementation of the border barriers between California and Mexico.

I am confident that Congress can pass a bill that deserves the support of all Americans.

Barr, a former Member of Congress, has served with the U.S. Department of Justice and Central Intelligence Agency. He continues to serve on the Board of Directors of the National Rifle Association and works with such groups as Harvard University, the American Conservative Union Foundation, and the ACLU on issues related to privacy and national security.

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