NATIONAL ID ALERT
NEW! JULY 11: SAMPLE LETTER & INFO FOR COMMENTS TO DOT ON PROPOSED NATIONAL ID DUE AUGUST 3! GET YOUR COMMENT IN TODAY!
Remember the Liberty Activist March 98 Action on use of SSNs on Drivers Licenses? March Action
"Back in 1996 Congress enacted the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" - Public Law 104-193 which established the largest, most intrusive locating and tracking database system imaginable.Sec. 317, of P.L. 104-193 amended Title 42 U.S.C. 666(a)(13) to require that, as a condition to receiving federal funds States must "establish procedures requiring that the social security number of any applicant for a professional license, commercial driver's license, recreational license, occupational license, or marriage license be recorded on the application."
Some freedom fighters around the US wrote us to tell us that "their state" hadn't gone along with the feds on this requirement, and, presumably, would just not take Federal Funds after the October 1,2000 deadline.
Well, think again, folks...
SCAN THIS NEWS 06/17/98
-=-=- NID ALERT -=-=- NID ALERT -=-=- NID ALERT -=-=-
This is possibly the most important "Scan This News" newsletter to date. Please take time to read and act on the following information.
Today, Wednesday, June 17, 1998, the U.S. Department of Transportation published the proposed "Driver's License/SSN/National Identification Document" guidelines which all states will be compelled to comply with over the next two years. The "Notice of Proposed Rule Making" (NPRM) sets out the "standard feature" requirements for driver's license cards and other "identification" documents. States which do not comply will find that their citizens will not be allowed to participate in routine, life-essential functions after the imposed federal deadline of October 1, 2000. Non-conforming licenses will not be accepted for identification by any federal agency. Once implemented no one in the U.S. will be able to engage in many basic, fundamental societal activities unless they carry with them at all times a conforming government-issued identification card. Not surprisingly, under the proposed rule it will become MANDATORY that social security numbers must be submitted in order for anyone to receive a state-issued driver's license.
Perhaps the most pervasive implication of this new National ID scheme is that in the near future an identification card will be required just to engage in activities we now take for granted. For example: Under the Brady Law's "instant criminal background check" requirements no one will be allowed to purchase a gun from a licensed gun dealer unless they possess one of the new, conforming, identification documents. This reality alone will effectively FORCE the states to implement the new requirements so that citizens can purchase guns; and it will likewise consequently FORCE all citizens to have an approved "ID" just to engage in this constitutionally protected "right."
And, under the federal "New Hires Database" system and the related "Employment Eligibility Confirmation System" program, EVERYONE will be required to possess an approved identification document in order to get a job and work in the United States.
Also, as a condition of the new and upcoming healthcare-provider requirements everyone will have to submit a conforming identification document in order to receive health care. Otherwise, the healthcare provider will forfeit all federal compensation for their services -- Medicaid, Medicare -- and you know they're not about to risk that.
Of course other activities such as banking, purchasing insurance, writing a check, obtaining a passport, boarding a commercial airliner -- and the list goes on and on -- will all likewise require the new IDs.
In light of the broad implications of the national ID concept, all other "liberty, privacy, and rights" issues will become moot. I therefore suggest that EVERY GROUP AND EVERY ORGANIZATION concerned with the above mentioned "freedom-traits" take this matter of the national ID on as a priority. Defeating this "proposed rule" should be "issue number one." For, once the national ID scheme becomes operational there will be no need to battle any of the other issues. Furthermore, if this rule goes into effect as written it will no longer matter who gets elected to office; total control will have been summarily handed over to the various federal and state "enforcement" agencies. These various agencies will simply deny you whatever "service" they perform if you do not supply the required ID.
There will be no more "privacy." There will be no more "rights." Everything you do in the future will become contingent upon your providing "The Card." And when you do, your actions will be recorded, monitored, traced, and controlled. You must remember that all driver's license documents BELONGS TO THE STATE. And THE STATE can compel you to present one on demand. You should also look into your own state's "implied consent" laws which typically say that because you possess a driver's license you have "implicitly" given consent to being stopped, checked, investigated, and scrutinized at the whim of the state.
Folks, this is not about preventing or controlling "illegal immigration." Regardless how you feel about that particular subject don't be fooled with this "misdirection" argument. This proposal is purely and simply about establishing a national ID system. All the popular excuses for the standardized identification documents -- illegal immigration, deadbeat dads, etc -- are espoused merely to defuse the opposition. The proponents of this measure are intent on establishing a universal, nationwide identification system -- and state-issued driver's licenses are the method they have chosen as the "path of least resistance."
Under the "Administrative Procedures Act" federal agencies must announce their intention to promulgate new rules, (as they have now done in this case), and they must provide an opportunity for the general public to comment on their proposal. I strongly suggest that EVERYONE reading this message submit their "comments" regarding this proposed national ID rule. And, I again urge EVERY ORGANIZATION IN THIS COUNTRY to get behind the effort to bring wide spread, national attention to this the "national ID" plan.
One other thing, remember too that the Congressional Act which serves as the impetus for this proposed regulation, Public Law 104-208, was enacted by the 1996 "Republican Congress." It therefore equally important that our message of strong opposition to the proposed rule be presented to these so called "conservative," so called "representative" members of Congress.
S.M.
Relevant information follows:
[Federal Register: June 17, 1998 (Volume 63, Number 116)]
[Proposed Rules] [Page 33219-33225] From the Federal Register Online via
GPO Access [wais.access.gpo.gov] [DOCID:fr17jn98-28]
Part V Department of Transportation National Highway Traffic Safety Administration
23 CFR Part 1331 State-Issued Driver's Licenses and Comparable Identification Documents; Proposed Rule
The proposed rule can be accessed at:
Go to: (Federal register search Site) http://www.access.gpo.gov/su_docs/aces/aces140.html
Search only "Proposed Rules" (to save search time) and set the date to "AFTER" "June 1, 1998".
Search for "driver license"
------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1331 Docket No. NHTSA-98-3945 RIN 2127-AG-91
State-Issued Driver's Licenses and Comparable Identification Documents
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT
ACTION: Notice of proposed rulemaking.
SUMMARY: This document proposes regulations to implement the requirements contained in section 656(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Section 656(b) of the Act, entitled State-Issued Driver's Licenses and Comparable Identification Documents, provides that a Federal agency may only accept as proof of identity a driver's license or identification document that conforms to specific requirements, in accordance with regulations issued by the Secretary of Transportation. This Notice of Proposed Rulemaking proposes those regulations. The agency requests comments on its proposal.
SUPPLEMENTARY INFORMATION: On September 30, 1996, the Omnibus Consolidated Appropriations Act for Fiscal Year 1997, P.L. 104-208, was signed into law. Included in the Omnibus Act were the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (hereinafter, the ``Immigration Reform Act''). The purpose of the Immigration Reform Act was to improve deterrence of illegal immigration into the United States.
Section 656(b) of the Act, entitled State-Issued Driver's Licenses and Comparable Identification Documents, provides that, after October 1, 2000, Federal agencies may not accept as proof of identity driver's licenses or other comparable identification documents, issued by a State, unless the driver's license or identification document conforms to certain requirements.
A. Statutory Requirements.
Section 656(b) establishes three requirements that State-issued driver's
licenses or other comparable identification documents must meet, to be
acceptable as proof of identity:
1. Application Process--The application process for the driver's license
or identification document shall include the presentation of such evidence
of identity as is required by regulations promulgated by the Secretary
of Transportation, after consultation with the American Association of
Motor Vehicle Administrators (AAMVA).
2. Form--The driver's license or identification document shall be in a
form consistent with requirements set forth in regulations promulgated
by the Secretary of Transportation, after consultation with AAMVA. The
form shall contain security features designed to limit tampering, counterfeiting,
photocopying, or otherwise duplicating, the driver's license or identification
document for fraudulent purposes and to limit the use of the driver's license
or identification document by imposters.
3. Social Security Number--The driver's license or identification document
shall contain a social security number that can be read visually or by
electronic means, unless the State issuing such driver's license or identification
document meets certain conditions.
To meet the conditions, the State must not require the driver's license
or identification document to contain a social security number and the
State must require the submission of the social security number by every
applicant for a driver's license or identification document. The State
must also require that a State agency verify the validity of the social
security number with the Social Security Administration (SSA).
B. Promulgation of Regulations, After Consultation With AAMVA
The Immigration Reform Act requires that the Secretary of Transportation issue regulations governing State-issued driver's licenses and comparable identification documents. The Act provides, however, that the Department must first consult with the American Association of Motor Vehicle Administrators.
AAMVA is a voluntary, nonprofit, membership organization that represents the State and provincial officials (generally, referred to as motor vehicle administrators) in the United States and Canada who are responsible for the administration and enforcement of laws pertaining to motor vehicles and their use. The issue of fraudulent driver's licenses and identification documents has been of concern to AAMVA for many years. In an effort to address this problem, AAMVA formed a Uniform Identification Working Group to establish uniform identification procedures. In May 1996, the working group published the Uniform Identification Practices Model Program (hereinafter, the ``model program'').
In accordance with the dictates of the Immigration Reform Act, NHTSA consulted with AAMVA prior to issuing this Notice of Proposed Rulemaking and it considered carefully the contents of the working group's model program. Although not directed to by the legislation, NHTSA also consulted with officials of interested Federal agencies, including the Social Security Administration and the Immigration and Naturalization Service (INS).
C. Requirements in Proposed Regulation
This Notice of Proposed Rulemaking (NPRM) proposes a regulation that would
implement the requirements of Section 656(b) of the Immigration Reform
Act. The requirements being proposed are discussed below. ------------------------------------------
3. Social Security Number
The Immigration Reform Act provides that, to be acceptable after October 1, 2000, driver's licenses or identification documents shall contain a social security number that can be read visually or by electronic means, except in States that meet certain conditions.
As stated previously, States meet the conditions if they require the submission of the social security number by every applicant for a driver's license or identification document, but do not require that the social security number be included on the driver's license or identification document. The State must also require that an agency of the State verify the validity of the social security number with the Social Security Administration. The NPRM implements this provision by indicating that States may include social security numbers on driver's licenses and identification documents, but must require all applicants to submit their social security number and must verify each applicant's social security number as described below. ------------------------------------------
Authority: Pub. L. 104-208, 110 Stat. 3009-716 (5 U.S.C. 301) delegation of authority at 49 CFR 1.50.
Subpart A--General
Sec. 1331.1 Scope.
This part provides procedures for States to comply with the provisions
of section 656 (Improvements in Identification--Related Documents) of Title
VI (Miscellaneous provisions) of the Omnibus Consolidated Appropriations
Act for Fiscal Year 1997 (Public Law 104- 208) relating to the acceptance
by Federal agencies for identification purposes of a driver's license,
or other comparable identification document, issued by a State.
Sec. 1331.2 Purpose.
The purpose of this part is to implement the provisions of section 656(b) of the Illegal Immigration Reform and Immigrant Responsibility Act, 5 U.S.C. 301.
Sec. 1331.3 Definitions.
(a) State means all fifty States and the District of Columbia, Puerto Rico,
Guam, and the Virgin Islands.
(b) Federal agency means any of the following:
(1) An executive agency (as defined in 5 U.S.C. 105).
(2) A military department (as defined in 5 U.S.C. 102).
(3) An agency in the legislative branch of the Government of the United
States.
(4) An agency in the judicial branch of the Government of the United States.
------------------------------------------
INSERTED FOR CONVENIENCE:
[5 U.S.C. § 105. Executive agency - [For the purpose of this title, "Executive agency" means an [Executive department, a Government corporation, and an [independent establishment.
The Brady Law instant background check system will be run by the Justice Department in conjunction with the FBI -- both of these are "federal agencies." This means that all gun purchases will require a conforming "identification document." ----------------------------------------
Subpart B--Procedures
Sec. 1331.4 Application process.
A Federal agency may not accept for any identification related purpose a driver's license or other comparable identification document issued by a State, unless the license or document satisfies the following requirements.
Sec. 1331.6 Social security number.
(a) Before issuing a license or document each State shall:
(1) Require the submission of the social security number by every applicant
for a license or document.
(2) Verify electronically the validity of each applicant's social security
number with the Social Security Administration.
(b) States may require licenses and documents to contain social security numbers that can be read visually or by electronic means.
Sec. 1331.8 Certification.
(a) To demonstrate compliance with this part, a State shall certify that its licenses and documents conform to the requirements contained in this regulation. The certification should be submitted by September 30, 2000, to the National Highway Traffic Safety Administration, 400 Seventh St., S.W. Washington D.C. 20590.
(b) The certification shall contain a statement by an appropriate State official, that the State's licenses and documents conform to the requirements of this part.
Issued on: June 12, 1998.Philip R. Recht,
Deputy Administrator, National Highway Traffic, Safety Administration.
------------------------------------------
Written Comments:
Interested persons are invited to comment on this Notice of Proposed Rulemaking. It is requested, but not required, that two copies be submitted.
All comments must be limited to 15 pages in length. Necessary attachments may be appended to those submissions without regard to the 15 page limit. (49 CFR 553.21.) This limitation is intended to encourage commenters to detail their primary arguments in a concise fashion.
Written comments to the public docket must be received by August 3, 1998. All comments received before the close of business on the comment closing date will be considered and will be available for examination in the docket at the above address before and after that date. To the extent possible, comments received after the closing date will also be considered. However, the rulemaking action may proceed at any time after that date. NHTSA will continue to file relevant material in the docket as they become available after the closing date, and it is recommended that interested persons continue to examine the docket for new materials. To expedite submission of comments, simultaneous with the issuance of this notice NHTSA will mail copies to all Governor's Representatives for Highway Safety and to the motor vehicle administrators for each State.
Those persons desiring to be notified upon receipt of their comments in the docket should enclose, in the envelope with their comments, a self-addressed stamped postcard. Upon receiving the comments, the docket supervisor will return the postcard by mail.
Copies of all documents will be placed in Docket No. NHTSA-98-3945; in Docket Management, Room PL-401, Nassif Building, 400 Seventh Street, SW, Washington, DC 20590. ------------------------------------------
PERIOD FOR PUBLIC COMMENTS:
DATES: Comments must be received by August 3, 1998.
ADDRESSES: Written comments should refer to the docket number and the number
of this notice, and be submitted (preferably two copies) to:
Docket Management, Room PL-401
National Highway Traffic Safety Administration
Nassif Building
400 Seventh Street, S.W.
Washington, D.C. 20590.
REEFER TO:
Docket No. NHTSA-98-3945
DOCID:fr17jn98-28
23 CFR Part 1331
Proposed Rule - State-Issued Driver's Licenses and Comparable Identification
Documents
FOR FURTHER INFORMATION CONTACT:
Mr. William Holden, Chief,
Driver Register and Traffic Records Division, NTS-32, NHTSA
400 Seventh Street, S.W.
Washington, D.C. 20590
telephone (202) 366-4800
or
Ms. Heidi L. Coleman
Assistant Chief Counsel for General Law, NCC-30, NHTSA
400 Seventh Street, S.W.
Washington, D.C. 20590
telephone (202) 366-1834. ---------------------------------------------------
The following excerpt from an excellent article by Alan Korwin is included here for perspective.
June 1998
Produced in cooperation with
GUN OWNERS FOUNDATION
"NICS" - NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
SUMMARY OF FINDINGS
How will the National Instant Checking System operate under Part Two of the Brady law when it comes on line this year in November?
A study undertaken by the author of Gun Laws of America -Alan Korwin
ONLY FEDERALLY APPROVED ID CARDS CAN BE USED One of the biggest surprises created under Brady Part 2 is the role of the upcoming National ID Card. The federal government was blown backwards when they attempted to introduce a national person card as a medical tool. Under the new approach, passed in 1996 (P.L. 104-208, Sec. 656), the feds will refuse to recognize any ID (basically driver's licenses, but all other forms too) that doesn't meet their standards. A concealed-carry permit issued with a non-federally approved driver's license as a form of ID, would no longer be valid for buying firearms and bypassing the Brady process (though a new permit that meets the standards might still qualify).
Being Implemented Under Dept. Of Transportation To help deflect the sizzling rebuke this idea has met with in the past, it will appear to be implemented at a state level (but under federal control), through your local motor vehicles office. No state's driver's licenses (or other state ID cards for non-drivers) will be recognized by the feds for obtaining welfare benefits, or for any other federal purpose, including compliance with Part 2 of Brady.
Must Use Social Security Number Any pretense of privacy for social security numbers is finally crushed under these requirements. The feds will recognize a license that has no "soshe" on it, as long as the state's DMV keeps your number on file (without printing it on the license itself). For people who refuse to give their soshe, they'll give an alternative number to use, forever. Every gun sale will then include your, call it what it is, Federal ID Number.
Federal "Biometric" Coding Under Development
This is authorized and well under way, but may not be ready for the Oct.
1, 2000, implementation of the National ID Cards. The magnetic strip (or
equivalent computer storage medium), to be required on all citizen ID cards,
will contain a digitized fingerprint, retina scan, voice print or other
biometric identifier. You won't be able to get a driver's license without
giving up your fingerprint. Most Americans have never been fingerprinted.
It appears to be the ultimate connector between an ID card and the person
holding it -- it would guarantee that your identity is established, and
link in lock step with national files on you. Looking to the long term,
when thumbprint readers are inexpensive and widely dispersed, you may not
even need a card (or a PIN number for your bank account). Think of the
cost savings. The process for correcting mistakes, if any, is unclear at
this point.
Creates A National Citizen Card
There's no need to debate the point any longer. National ID Cards (we could
call them NICS for short) are law, will be implemented soon, and will help
compile data on every American. Not the least of which is a complete record
of all commercial gun sales. The existing supply of guns could swap around
some, outside the federal view (and they realize that of course, and are
working on the "private" sales issue), but nothing new will enter
the supply chain without immediate government contact and control. They
don't appear to intend to use that control in any nefarious way, at the
present time.
Gun Owners Foundation
8001 Forbes Pl. Suite 102
Springfield, VA 22151
703-321-8585
703-321-8408 Fax
<http://www.gunowners.com>
Alan Korwin
Bloomfield Press
12629 N. Tatum Suite 440
Phoenix, AZ 85032
602-996-4020
602-494-0679 Fax
<http://www.bloomfieldpress.com>
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