Tag: regulation

Have Mexican Dishwashers Brought California to Its Knees?

workerAn article published this week by National Review magazine blames the many problems of California on—take a guess—high taxes, over-regulation of business, runaway state spending, an expansive welfare state? Try none of the above. The article, by Alex Alexiev of the Hudson Institute, puts the blame on the backs of low-skilled, illegal immigrants from Mexico and the federal government for not keeping them out.

Titled “Catching Up to Mexico: Illegal immigration is depleting California’s human capital and ravaging its economy,” the article endorses high-skilled immigration to the state while rejecting the influx of “the poorly educated, the unskilled, and the illiterate” immigrants that enter illegally from Mexico and elsewhere in Latin America.

Before swallowing the article’s thesis, consider two thoughts:

One, if low-skilled, illegal immigration is the single greatest cause of California’s woes, how does the author explain the relative success of Texas? As a survey in the July 11 issue of The Economist magazine explained, smaller-government Texas has avoided many of the problems of California while outperforming most of the rest of the country in job creation and economic growth. And Texas has managed to do this with an illegal immigrant population that rivals California’s as a share of its population.

Two, low-skilled immigrants actually enhance the human capital of native-born Americans by allowing us to move up the occupational ladder to jobs that are more productive and better paying. In a new study from the Cato Institute, titled “Restriction or Legalization? Measuring the Economic Benefits of Immigration Reform,” this phenomenon is called the “occupational mix effect” and it translates into tens of billions of dollars of benefits to U.S. households.

Our new study, authored by economists Peter Dixon and Maureen Rimmer, found that legalization of low-skilled immigration would boost the incomes of American households by $180 billion, while further restricting such immigration would reduce the incomes of U.S. families by $80 billion.

That is a quarter of a trillion dollar difference between following the policy advice of National Review and that of the Cato Institute. Last time I checked, that is still real money, even in Washington.

Give Me Liberty or Give Me Death Panels

“Death panels” are a dominant motif in the debate over health care regulation, a fact that spins off political flares like a roman candle.

Extremists on both sides have taken their extreme positions: Some literally fear President Obama and his health regulation plans; others are outraged that anyone could possibly feel that way.

Charges of special-interest organizing meet counter-charges of unfairness and false accusation. Good video from town hall meetings and volleys of “Nazi” and “socialist” give cable news networks another short reprieve from their long slow decline. It’s all manna for the writers at Comedy Central.

But let’s talk substance: Health care is a scarce good, so it will always be rationed. The core question is whether government should take the dominant role in health care rationing over from insurance companies, or whether reform should restore rationing decisions to patients advised by doctors. 

Though they would never have the name or the form, the “death panel” label roughly (and unfairly) describes what would happen if health decisions were turned over to government bureaucrats under the leading proposals today. The bureaucracy would do exactly what “reform” asks it to do(!): prioritize cost savings and efficiency over the unique, individual interests of patients and their families.

The bureaucracy would serve its own interests too. Bureaucracies are subject to capture by special interests, of course, and they can be corrupted. These things are easier when the people who might die look like statistics.

Many people feel very strongly that problems with health care today indicate the need for President Obama’s and Congress’ health care plans. But what’s wrong with health care doesn’t mean that these proposals would make things better. Because they would move control of health care in the wrong direction, they would make things worse.

Everyone has a personal story about health care, and I have one too. On the day my mother passed away, my family and I were called to the hospital and met by a social worker. He showed us to a small anteroom at the entrance to the intensive care unit, where he guided us through a lengthy conversation about my mother’s wishes and the family’s circumstances. He then called in the doctors to offer their prognosis and advice, which we took.

It was a death panel. It was our death panel – because my parents had fully prepared for this eventuality by buying insurance.

Just like health care will always be rationed, there will always be death panels. The question is who runs them. To the extent our public policy drives people away from financial responsibility for their own health care, it sets them up for death panels that are administered by government bureaucrats, not by loved ones and doctors.

Political debate is rollicking and unfair and full of inaccuracy. And in the terms of today’s health care debate, we don’t want “rationing” – meaning we don’t want government rationing. And we don’t want death panels – meaning we don’t want government death panels, because government death panels will deny people and their families an essential dignity of life: choosing how it ends.

In that sense I say with apologies to Patrick Henry: Give me liberty or give me death panels.

Assessing the Claim that CDT Opposes a National ID

It was good of Ari Schwartz to respond last week to my recent post querying whether the Center for Democracy and Technology outright opposes a national ID or simply “does not support” one.

Ari says CDT does oppose a national ID, and I believe that he honestly believes that. But it’s worth taking a look at whether the group’s actions are consistent with opposition to a national ID. I believe CDT’s actions – most recently its support of the PASS ID Act – support the creation of a national ID.

(The title of his post and some of his commentary suggest I have engaged in rhetorical excess and mischaracterized his views. Please do judge for yourself whether I’m being shrill or unfair, which is not my intention.)

First I want to address an unusual claim of Ari’s – that we already have a national ID system. If that is true, his support for PASS ID is more sensible because it is an opportunity to inject federal privacy protections into the existing system (putting aside whether it is a federal responsibility to manage a state system or systems).

Do We Already Have a National ID?

I have heard a few people suggest that we have a national ID in the form of the Social Security Number. I believe the SSN is a national identifier, but it fails the test of a national identification card or system because it is not used for identification. As we know well from the scourge of identity fraud, there is no definitive way to tie an SSN to a person. The SSN is not used for identification (at least not reliably and not alone), which is the third part of my national ID definition. (Senator Schumer might like the SSN to form the basis of a national ID system, of course.)

But Ari says something different. He does not claim any definition of “national ID” or “national ID system.” Instead, he appeals to the authority of a 2003 report from a National Academy of Sciences group entitled “Who Goes There?: Authentication Through the Lens of Privacy.” That report indeed says, “State-issued driver’s licenses are a de facto nationwide identity system” – on the second-to-last substantive page of its second-to-last substantive chapter

But this is a highly selective use of quotation. The year before, that same group issued a report called “IDs – Not That Easy: Questions About Nationwide Identity Systems.” From the beginning and throughout, that report discussed the many issues around proposals to create a “nationwide” identity system. If the NAS panel had already concluded that we have a national ID system, it would not have issued an entire report critiquing that prospect. It would have discussed the existing one as such. Ari’s one quote doesn’t do much to support the notion that we already have a national ID.

What’s more, CDT’s own public comments on the proposed REAL ID Act regulations in May 2007 said that its data-intensive “one person – one license/ID card – one record” policy would ”create a national identification system.”

If a national ID system already existed, the new policy wouldn’t create one. This is another authority at odds with the idea that we have a national ID system already.

Support of PASS ID might be forgiven if we had a national ID system and if PASS ID would improve it. But the claim we already have one is weak.

“Political Reality” and Its Manufacture

But the heart of Ari’s claim is that supporting PASS ID reflects good judgment in light of political reality.

Despite the fact that there are no federal politicians, no governors and no appointed officials from any party publicly supporting repeal of REAL ID today, CDT still says that repeal is an acceptable option. However, PASS ID would get to the same outcome, or better, in practice and has the added benefit of actually being a political possibility… . I realize that Harper has invested a lot of time fighting for the word “repeal,” but at some point we have to look at the political reality.

A “Dear Colleague” letter inviting support for a bill to repeal REAL ID circulated on the Hill last week. How many legislators will hesitate to sign on to the bill because they have heard that the PASS ID Act, and not repeal of REAL ID, is CDT’s preferred way forward?

The phrase “political reality” is more often used by advocates to craft the political reality they prefer than to describe anything truly real. Like the observer effect in experimental research, statements about “political reality” change political reality.  Convince enough people that a thing is “political reality” and the sought-after political reality becomes, simply, reality.

I wrote here before about how the National Governors Association, sensing profit, has worked diligently to make REAL ID a “political reality.” And it has certainly made some headway (though not enough). In the last Congress, the only legislation aimed at resolving the REAL ID impasse were bills to repeal REAL ID. Since then, the political reality is that Barack Obama was elected president and an administration far less friendly to a national ID took office. Democrats – who are on average less friendly to a national ID – made gains in both the House and Senate.

But how are political realities crafted? It has often been described as trying to get people on a bus. To pass a bill, you change it to get more people on the bus than get off.

The REAL ID bus was missing some important riders. It had security hawks, the Department of Homeland Security, anti-immigrant groups, DMV bureaucrats, public safety advocates, and the Bush Administration. But it didn’t have: state legislators and governors, privacy and civil liberties groups, and certain religious communities, among others.

PASS ID is for the most part an effort to bring on state legislators and governors. The NGA is hoping to broker the sale of state power to the federal government, locking in its own institutional role as a supplicant in Washington, D.C. for state political leaders.

But look who else was hanging around the bus station looking for rides! – CDT, the nominal civil liberties group. Alone it jumped on the bus, communicating to others less familiar with the issues that PASS ID represented a good way forward.

Happily, few have taken this signal. The authors of PASS ID were unable to escape the name “REAL ID,” which is a far more powerful beacon flashing national ID and all the ills that entails than CDT’s signal to the contrary.

This is not the first time that CDT’s penchant for compromise has assisted the national ID effort, though.

Compromising Toward National ID

The current push for a national ID has a short history that I summarized three years ago in a righteously titled post on the TechLiberationFront blog: “The Markle Foundation: Font of Evil II.”

Briefly, in December 2003, a group called the Markle Foundation Task Force on National Security in the Information Age recommended “both near-term measures and a longer-term research agenda to increase the reliability of identification while protecting privacy.” (Never mind that false identification was not a modus operandi of the 9/11 attacks.)

The 9/11 Commission, citing Markle, found that “[t]he federal government should set standards for the issuance of birth certificates and sources of identification, such as drivers licenses.” In December 2004, Congress passed the Intelligence Reform and Terrorism Prevention Act, implementing the recommendations of the 9/11 Commission, including national standards for drivers’ licenses and identification cards, the national ID system recommended by the Markle Task Force. And in May 2005, Congress passed a strengthened national ID system in the REAL ID Act.

An earlier post, “The Markle Foundation: Font of Evil,” has more – and the text of a PoliTech debate between myself and Stewart Baker. Security hawk Baker was a participant in the Markle Foundation group, as was national ID advocate Amitai Etzioni. So was the Center for Democracy and Technology’s Jim Dempsey.

I had many reservations about the Markle Foundation Task Force and its work product, and in an April 2005 meeting of the DHS Privacy Committee, I asked Dempsey about what qualified people to serve on that task force, whether people were invited, and what might exclude them. A month before REAL ID passed, he said:

I think the Markle Task Force at least sought balance. And people came to the table committed to dialogue. And those who came with a particular point of view, I think, were all committed to listening. And I think people’s minds were changed… . What we were committed to in the Markle Task Force was changing our minds and trying to find a common ground and to try to understand each other. And we spent the time at it. And that, I think, is reflected in the product of the task force.

There isn’t a nicer, more genuine person working in public policy than Jim Dempsey. He is the consummate honest broker, and this statement of his intentions for the Markle Foundation I believe to be characteristically truthful and earnest.

But consider the possibility that others participating on the Markle Foundation Task Force did not share Jim’s predilection for honest dialogue and compromise. It is even possible that they mouthed these ideals while working intently to advance their goals, including creation of a national ID.

Stewart Baker, who I personally like, is canny and wily, and he wants to win. I see no evidence that Amitai Etzioni changed his mind about having a national ID when he authored the recommendation in the Markle report that ultimately produced REAL ID.

Other Markle participants I have talked to were unaware of what the report said about identity-based security, national identity standards, or a national ID. They don’t even know (or didn’t at the time) that lending your name to a report also lends it your credibility. Whatever privacy or civil liberties advocates were involved with the Markle Task Force got rolled – big-time – by the pro-national-ID team.

CDT is a sophisticated Washington, D.C. operation. It is supposed to understand these dynamics. I can’t give it the pass that outsiders to Washington might get. By committing to compromise rather than any principle, and by lending its name to the Markle Foundation Task Force report, CDT gave credibility to a bad idea – the creation of a national ID.

CDT helped produce the REAL ID Act, which has taken years of struggle to beat back. And now they are at it again with “pragmatic” support for PASS ID.

CDT has been consistently compromising on national ID issues while proponents of a national ID have been doggedly and persistently pursuing their interests. This is not the behavior of a civil liberties organization. It’s why I asked in the post that precipitated this debate whether there is anything that would cause CDT to push back from the table and say No.

Despite words to the contrary, I don’t see evidence that CDT opposes having a national ID. It certainly works around the edges to improve privacy in the context of having a national ID – reducing the wetness of the water, as it were – but at key junctures, CDT’s actions have tended to support having a U.S. national ID. I remain open to seeing contrary evidence.

Regulation Cures Cancer

That’s the implicit message of an advocacy campaign the American Cancer Society’s “Cancer Action Network” is running in the Washington, D.C. Metro’s Capitol South station.

Large placards showing pictures of people people who are “NOW” healthy but will “LATER” be stricken with cancer give Capitol Hill staffers commuting in to work a clear message: Do something — anything. It’s part of the otherworldly bubble that lobbyists and advocacy groups press around staff and members of Congress.

The message they need — perhaps a little too complex for the subway — is that Congress has Münchausen syndrome by proxy with respect to the health care system.

End the Credit Rating Monopoly

Earlier this week, SEC Chair Mary Shapiro appeared before Congress to suggest ways to fix the failings in our credit rating agencies.   Sadly her proposals miss the market, although that shouldn’t be so surprising as her suggestions appear to rest upon a misunderstanding of the problem.

The thrust of the SEC’s current approach is more disclosure, such as releasing “pre-ratings” that debt issuers may get before final issuance.  Additional disclosure of ratings methodology and assumptions is likely to be useless.  Almost all that information was available during the building housing bubble.  The problem is that the rating agencies had little incentive to go beyond the consensus forecasts of increasing to at most modest declines in home prices.  These same assumptions were the foundation of almost all government economic forecasting as well, yet few believe that forcing CBO or OMB to disclosure more of their forecasts will cure our budget imbalances.  What is needed is a change in incentives.

Here again the SEC seems to misunderstand the incentives at work, but then recognizing such would force the SEC to admit its own role in creating those some perverse incentives.  The SEC’s notion that agencies issue favorable ratings in order to gain business misses the most basic fact of the ratings business - they don’t have to compete for business, any debt issuer wanting to place “investment grade” debt has to use the agencies, and often has to use more than one of them.  Due to a variety of SEC and bank regulations, there is almost no competition among the rating agencies.  They have been given a government created monopoly.  If the rating agencies were, as the SEC proposes, competing strongly for business, then they wouldn’t have been earning huge profits on that business.  Competition erodes a business’ profits.  During the housing boom, the rating agencies continued to make ever more profits - more the sign of a monopoly than one of competition.

The truth is not that the agencies were captive to the debt issuers, but the other way around.  And like any monopolist, the agencies became lazy, slow and fat.  The real fix for the failure of the credit raters is to reduce the excessive reliance on their judgements inherent in most securities, banking and insurance regulations.  An investment grade rating should never serve as a substitute for appropriate due diligence on the part of investors (especially pension fund managers) or regulators.

Yoga Instructors: Enemies of the State(s)

The NY Times reports today on various state government efforts to regulate yoga classes by forcing instructors to obtain a government license. 

I’m not going to get into why government licensing is a pernicious racket here. Rather, I just want to make a point about the nature of the mini–Washington DCs currently in charge of laundering Uncle Sam’s so-called economic “stimulus” money.

From the NYT article:

In March, Michigan gave schools on the list one week to be certified by the state or cease operations. Virginia’s cumbersome licensing rules include a $2,500 sign-up fee — a big hit for modest studios that are often little more than one-room storefronts.

Lisa Rapp, who owns My Yoga Spirit in Norfolk, Va., said she had canceled her future classes and was preparing to close her seven-year-old business this summer. “This caused us to shut down the studio all together,” Ms. Rapp said. “It’s too bad, because this community really needs yoga.”

A nice little story to keep in mind the next time you hear some politician or government apologist claim that the states’ current inability to spend as they did before the recession is somehow endangering an economic recovery.

I think what disgusts me the most about this story is the fact that the yoga “industry” opened itself up for attack by creating an online registry “to establish teaching standards in an effort to have the industry regulate itself.” As a friend sarcastically intoned to me in an email, “They tried to self-regulate and Leviathan just ended up using it to impose regulation.  Brilliant.” 

The NYT captures the mentality of these bureaucratic thugs:

The conflict started in January when a Virginia official directed regulators from more than a dozen states to an online national registry of schools that teach yoga and, in the words of a Kansas official, earn a “handsome income” in the process…

“If you’re going to start a school and take people’s money, you should play by a set of rules,” said Patrick Sweeney, a Wisconsin licensing official, who believes that in 2004 he was the first state official to discover the online registry and use it to begin regulating yoga teaching.

The bright side is that these yoga instructors are feeling the government’s boot on their throat and not liking it:

Brette Popper, a co-founder of Yoga City NYC, a Web site that has closely chronicled licensing developments, said that the yoga community — described on the site as “a group that doesn’t even always agree about how to pronounce ‘Om’ ” — was finally uniting around a common enemy. (Emphasis mine.)

The NYT quotes one regulation opponent as saying the conflict is about “bureaucracy versus freedom.”  Amen, my friend.  I don’t know much about yoga, and I’m as flexible as steel, but today we lovers of liberty are all yoga instructors!

Does the PASS ID Act Protect Privacy?

I’ve written about PASS ID here a couple of times before - first on whether or not it’s a national ID and, second, on the politics of this REAL ID revival bill. Now I’ll take a look at whether it fixes the privacy issues with REAL ID. Privacy is complicated. Buckle up.

The day the bill was introduced, the Center for Democracy and Technology issued a press release giving it a privacy stamp of approval.

“The PASS ID Act addresses most of the major privacy and security concerns with REAL ID,” said Ari Schwartz, Vice-President of CDT. The release cited four ways that PASS ID was an improvement over the bill it’s modeled on, REAL ID.

Interstate Data Sharing?

First, CDT said, PASS ID “[r]emoves the requirement that states ‘provide electronic access’ allowing every other state to search their motor vehicles records.” It’s technically true: The language from REAL ID directly requiring states to share information among themselves came out of PASS ID. But the requirements of the law will cause that information sharing to happen all the same.

Like REAL ID did, PASS ID would require states to confirm that “a person submitting an application for a driver’s license or identification card is terminating or has terminated any driver’s license or identification card” issued by another state.

How do you do that? You check the driver license databases of every other state. Maybe you do this by directly accessing other states’ databases; maybe you do this indirectly, through a “pointer system” or “hub.” But to confirm that you’re talking about the right person, you don’t just compare names. You compare names, addresses, pictures, and other biometrics.

Just like REAL ID, PASS ID would require states to share driver data on a very large scale. It just doesn’t say so. As with REAL ID, the security weaknesses of any one state’s operations would accrue to the harm of all others.

Mission Creep?

Second, CDT says that PASS ID “[l]imits the ‘official purposes’ for which federal agencies can demand a PASS ID driver’s license, thereby helping prevent ‘mission creep.’” Again, it’s technically true, but materially false.

REAL ID had an open-ended list of “official purposes” - things that the homeland security secretary could require a REAL ID for. PASS ID is not so open-ended, but that is a small impediment to only one form of mission creep.

PASS ID places no limits on how the DHS, other agencies, and states could use the national ID to regulate the population. It simply requires the DHS to use PASS ID for certain purposes. A simple law change or amendment to existing regulation would expand those uses to give the federal government control over access to employment, access to credit cards, voting - CDT’s own PolicyBeta blog called a plan to use REAL ID to control cold medicine a “terrifying” example of mission creep. And these are just the ideas that have already been floated.

When I testified before the Senate Judiciary Committee on REAL ID in May 2007, I spoke about what we had recently heard in a meeting of the DHS Privacy Committee:

Ann Collins, the Registrar of Motor Vehicles from the State of Massachusetts, … said, “If you build it, they will come.” What she meant by that is that if you compile deep data bases of information about every driver, uses for it will be found. The Department of Homeland Security will find uses for it. Every agency that wants to control, manipulate, and affect people’s lives will say, “There is our easiest place to go. That is our path of least resistance.”

PASS ID is the same medium for mission creep that REAL ID is. The problem is with having a national ID at all - not with what its enabling legislation says.

Privacy Protections?

Next, CDT says that PASS ID requires “privacy and security protections for PII stored in back-end motor vehicle databases.” (“PII” means “personally identifiable information.”)

A glaring oversight of REAL ID - and the competition for glaring oversights was fierce - was to omit any requirement for privacy and security of the databases states would maintain and share on behalf of the federal government. The DHS took pains in the REAL ID rulemaking to drain this swamp. It tried to require minimal information collection for identity verification and minimal information display on the card and in the machine readable zone. (It failed in important ways, as I will discuss below.) The REAL ID regulation required states to file security plans that would explain how the state would protect personally identifiable information. And it said it would produce a set of “Privacy and Security Best Practices.” None of this mollified REAL ID opponents, and the privacy bromides in the PASS ID Act won’t either.

One of the more interesting privacy “protections” in the PASS ID Act is a requirement that individuals may access, amend, and correct their own personally identifiable information. This is a new and different security/identity fraud challenge not found in REAL ID, and the states have no idea what they’re getting themselves into if they try to implement such a thing. A May 2000 report from a panel of experts convened by the Federal Trade Commission was bowled over by the complexity of trying to secure information while giving people access to it. Nowhere is that tension more acute than in giving the public access to basic identity information.

The privacy language in the PASS ID Act is a welcome change to REAL ID’s gross error on that score. At least there’s privacy language! But creating a national identity system that is privacy protective is like trying to make water that isn’t wet.

Limits on Use of Card Data?

CDT’s final defense of PASS ID is the presence of meager limits on how data collected from national ID cards will be used. Much like with mission creep, the statutory language is beside the point, but CDT points out that PASS ID “prohibits states from including the cardholder’s social security number in the MRZ and places limits on the storage, use, and re-disclosure of that information.”

“MRZ” stands for “machine-readable zone.” In the PASS Act and REAL ID Act, this is referred to as “machine-readable technology,” and in the REAL ID rulemaking, the DHS selected a 2D barcode standard for the back of REAL ID licenses and IDs. Think of government officials scanning your license the way grocery clerks scan your toilet paper and canned peaches.

It’s true that the PASS ID Act bars states from including the Social Security number in that easily scanable data, but it doesn’t prohibit anything else from being scanned - including race, which was included in DHS’ standard for REAL ID.

And don’t think that limits on the storage, use, and re-disclosure of card information would have any teeth. It would create a new crime: scanning licenses, reselling or trading information from them, or tracking holders of them “without lawful authority,” but it’s not clear what “without lawful authority” means. It would probably allow people to give implied permission for all this data-collection and -sharing by handing their cards to someone else. It would certainly allow governments to authorize themselves to collect and trade data from cards en masse.

Not that we should want this “protection.” The last thing we need is another obtusely defined federal crime. Nearly as bad as being required to carry a national ID is making it illegal for people to collect information from it when you want them to!

And in Some Ways PASS ID is Worse

But let’s talk some more about that machine-readable zone. When Congress passed REAL ID, suspicion was strong that the “MRZ” would be an RFID chip - a tiny computer chip that can be read remotely by radio.

Recognizing the insecurity of such devices - and the strong public opposition to it - DHS declined to adopt RFID for the REAL ID Act. It did, however, work with a few states and the U.S. State Department to develop an RFID-chipped license that it calls the “enhanced driver’s license.” This has a long read-range chip that will signal its presence to readers as much as fifteen or twenty feet away. The convenience gain DHS and State sought for themselves at the border would be a privacy loss, as scanning cards could become commonplace in doorways and other bottlenecks throughout the country - your whereabouts recorded regularly, as a matter of course, by public and private entities.

Why do we care about “enhanced drivers licenses”? Because the PASS ID Act would ratify them for use as national IDs. States could push their residents into using these chipped cards if they didn’t want to implement every last detail of PASS ID.

Needless to say, ID cards with long-distance (including surreptitious) tracking are a step backward for privacy. This is one sense in which PASS ID is worse than REAL ID.

Consider more carefully also what PASS ID and REAL ID are about in terms of biometrics. Both require states to “[s]ubject each person applying for a driver’s license or identification card to mandatory facial image capture.”

States across the country are using driver license photos to implement facial-recognition software that will ultimately be able to track people directly - nevermind whether you have an RFID-chipped license or show your card to a government official. They are aiming at preventing identity fraud, of course, but with advancing technology, before too long you will be subject to biometric tracking simply because you posed for an unsmiling digital photo at the DMV. REAL ID and PASS ID are part and parcel of promoting that.

Does PASS ID address “most of the major privacy and security concerns with REAL ID”? Not even close. PASS ID is a national ID, with all the privacy consequences that go with that.

Changing the name of REAL ID to something else is not an alternative to scrapping it. Scrapping REAL ID is something Senator Akaka (D-HI) proposed in the last Congress. Fixing REAL ID is an impossibility, and PASS ID does not do that.