[Congressional Record Volume 145, Number 91 (Thursday, June 24, 1999)]
[Extensions of Remarks]
[Page E1396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PRIVACY PROJECT ACT

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                        Thursday, June 24, 1999

  Mr. PAUL. Mr. Speaker, I rise today to introduce the Privacy 
Protection Act, which repeals those sections of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 authorizing the 
establishment of federal standards for birth certificates and drivers' 
licenses. This obscure provision, which was part of a major piece of 
legislation passed at the end of the 104th Congress, represents a major 
power grab by the federal government and a threat to the liberties of 
every American, for it would transform state drivers' licenses into 
national ID cards.
  If this scheme is not stopped, no American will be able to get a job; 
open a bank account; apply for Social Security or Medicare; exercise 
their Second Amendments rights; or even take an airplane flight unless 
they can produce a state drivers' license, or its equivalent, that 
conforms to federal specifications. Under the 1996 Kennedy-Kassebaum 
health care reform law, Americans may even be forced to present a 
federally-approved drivers' license before consulting their physicians 
for medical treatment!
  Mr. Speaker, the Federal Government has no constitutional authority 
to require Americans to present any form of identification before 
engaging in any private transaction such as opening a bank account, 
seeing a doctor, or seeking employment. Any uniform, national system of 
identification would allow the federal government to inappropriately 
monitor the movements and transactions of every citizen. History shows 
that when government gains the power to monitor the actions of the 
people, it eventually uses that power to impose totalitarian controls 
on the populace.
  Any member who is reluctant to support this legislation should 
consider the reaction of the American people when they discover that 
they must produce a federally-approved ID in order to get a job or open 
a bank account. Already many offices are being flooded with complaints 
about the movement toward a national ID card. If this scheme is not 
halted, Congress and the entire political establishment could drown in 
the backlash from the American people. In fact, I am holding in my hand 
a letter from almost all citizens' groups from across the political 
spectrum, representing thousands of Americans, opposing the plans to 
implement a national ID.
  Although the Transportation Appropriations bill restricts the 
Department of Transportation from implementing a final rule regarding 
this provision, the fact is that unless the House acts this year to 
repeal the provision, states will begin implementing the law so as to 
be in compliance with the mandate. Therefore, Congress must repeal 
Section 656 in order to comply with the Constitution and the wishes of 
the vast majority of the American people who do not want to be forced 
to carry a national ID card.
  National ID cards are a trademark of totalitarianism and are thus 
incompatible with a free society. In order to preserve some semblance 
of American liberty and republican government I am proud to introduce 
the Privacy Protection Act. I urge my colleagues to stand up for the 
rights of American people by cosponsoring the Freedom and Privacy 
Restoration Act.

 NATIONAL CONFERENCE OF STATE LEGISLATURES [NCSL]; AND AMERICAN CIVIL 
 LIBERTIES UNION [ACLU]; ELECTRONIC PRIVACY INFORMATION CENTER [EPIC]; 
 NATIONAL COUNCIL OF LA RAZA [NCLR]; EAGLE FORUM; ELECTRONIC FRONTIER 
   FOUNDATION; FREE CONGRESS FOUNDATION/COALITION FOR CONSTITUTIONAL 
                LIBERTIES; AND AMERICANS FOR TAX REFORM

       We represent a broad-based coalition of state legislators, 
     county officials, public policy groups, civil libertarians, 
     privacy experts, and consumer groups from across the 
     political spectrum. We urge the Congress to repeal Section 
     656 of the Illegal Immigration Reform and Immigrant 
     Responsibilities Act of 1996 that requires states to collect, 
     verify and display social security numbers on state-issued 
     driver's licenses and conform with federally-mandated uniform 
     features for driver's license. The law preempts state 
     authority over the issuance of the state driver's licenses, 
     violates the Unfunded Mandate Reform Act of 1994 (UMRA) and 
     poses a threat to the privacy of citizens. Opposition to the 
     law and the preliminary regulation issued by the National 
     Highway Traffic Safety Administration (NHTSA) has been 
     overwhelmingly evidence by the more than 2,000 comments 
     submitted by individuals, groups, state legislators, and 
     state agencies to NHTSA.


The law is Counter-Devolutionary, Preemptive and Violates the Unfunded 
                           Mandate Reform Act

       The law and the proposed regulation run counter to 
     devolution. The law preempts the traditional state function 
     of issuing driver's licenses and places it in the hands of 
     officials at NHTSA while imposing tremendous costs on the 
     states that have been vastly underestimated in the 
     Preliminary Regulatory Evaluation. The actual cost of 
     compliance with the law and the regulation far exceeds the 
     $100 million threshold established by UMRA. In addition, the 
     law and proposed regulation require states to conform their 
     drivers' licenses and other identity documents to a detailed 
     federal standard. Proposals for a national ID have been 
     consistently rejected in the United States as an infringement 
     of personal liberty.


                The Law Raises Serious Privacy Concerns

       The law raises a number of privacy concerns relating to the 
     expanded use and dissemination of the Social Security Number 
     (SSN), the creation of a national ID cared, and the violation 
     of federal rules of privacy. The law and proposed rule 
     require that each license contain either in visual or 
     electronic form the individual's SSN unless the state goes 
     through burdensome and invasive procedures to check each 
     individuals's identify with the Social Security 
     Administration. This will greatly expand the dissemination 
     and misuse of the SSN at a time that Congress; the states, 
     and the public are actively working to limit its 
     dissemination over concerns of fraud and privacy. Many states 
     are taking measures to reduce the use of SSNs as the driver's 
     identify number. Only a few states currently require the SSN 
     to be used as an identifier on their driver's licenses.
       While the impact of Section 656 may not been fully 
     comprehended in 1996, we urge the Congress now to act swiftly 
     to repeal this provision of law that has been challenged by 
     many diverse groups. If you or your staff have any further 
     questions, please contact Dawn Levy of the National 
     Conference of State Legislatures at (202) 624-8687.



     

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