KFKA guest host let Allard chief of staff distort "Real ID" issues

Summary: In criticizing the rule governing implementation of the federal Real ID Act, guest Sean Conway, chief of staff for Republican U.S. Sen. Wayne Allard, on the January 11 broadcast of 1310 KFKA's The Amy Oliver Show labeled the law "an unfunded mandate." But neither he nor guest host Bill Spalding disclosed that Allard voted against a measure that would have provided funding for states to implement provisions of the act, which applies nationwide standards for state issuance of driver's licenses.

On the January 11 broadcast of 1310 KFKA's The Amy Oliver Show, guest host Bill Spalding allowed guest Sean Conway -- chief of staff for Colorado Republican U.S. Sen. Wayne Allard -- to state misleading criticism in discussing the final rule governing implementation of the Real ID Act that U.S. Department of Homeland Security Secretary Michael Chertoff released on January 11. In addition to suggesting that the rule is "ridiculous," Conway stated that the "kinda serious part of this ... is that the federal government makes these rules and regulations, and they become an unfunded mandate," and further stated to Spalding, "I commend you for bringing this to light, and letting people know out there so they can ... come on down on Monday and let Senator Allard ... know about [it]." Neither Spalding nor Conway disclosed that Allard voted against legislation that would have provided $300 million in federal funding for what Conway called "an unfunded mandate."

In describing the Real ID Act rule, which applies nationwide standards for state issuance of driver's licenses, Spalding repeated information contained in a wire service report published January 11 on the Denver Post website in advance of the rule's official release. The article described the Real ID Act as "a law designed to make it harder for terrorists, illegal immigrants and con artists to get government-issued identification." The Real ID Act was incorporated into an Emergency Supplemental Appropriations Bill (H.R. 1268), which the Senate passed unanimously on May 10, 2005.

However, in suggesting that the Real ID Act amounted to "an unfunded mandate," Conway neglected to mention that on July 26, 2007, Allard voted to block an amendment introduced by U.S. Sen. Lamar Alexander (R-TN) that, if passed, would have made $300 million available to states to implement the provisions of the Real ID Act. In advance of the vote, on July 25, 2007, Alexander delivered a floor statement in which he argued for his amendment. From Alexander's website:

Floor Remarks of U.S. Senator Lamar Alexander (R-TN)

Real ID

July 25th, 2007 -- Mr. ALEXANDER. Mr. President, this amendment, the Alexander-Collins-Voinovich-Warner amendment, has to do with the law we call REAL ID.

I will describe REAL ID in a moment, but fundamentally what the amendment proposes is to offer $300 million in funding to the States to implement REAL ID. The offset would be a .8-percent across-the-board cut in the rest of the bill. The total bill is $37 billion, more or less. I know that offset is not one the chairman and ranking member of the committee are likely to approve of, but during our committee discussions I offered other offsets which weren't approved of, and I feel strongly that if the Congress requires the States to adopt REAL ID or something similar to REAL ID, then the Congress ought to pay for it -- hence the $300 million amendment.

Someone once said about me last year -- and I haven't been here very long, this is my fifth year as a Senator, but I have been around a while -- they said the problem with Lamar is he hasn't gotten over being Governor, which I was privileged to be in my home State of Tennessee for several years.

I hope when I get over being Governor, the people of Tennessee send me home because I think one of the contributions I can make is to remind the Congress and remind the country that our country's strengths begin with strong communities and strong counties and strong cities and strong States and that the central government, according to our traditions and our Constitution, is for the rest of the things that States, communities, cities and counties can't do. According to the 10th amendment and its spirit, if we require it of the State and local governments from here, we should fund it from here.

Nothing used to make me more angry as a Governor than for some Senator or Congressman to pass a bill with a big-sounding idea in Washington, DC, hold a press conference, take credit for it, and then send the bill to me to pay.

[...]

REAL ID is a massive unfunded mandate on the States to begin with. Last fall the National Governors Association and others released a study putting the cost of REAL ID at $11 billion over 5 years. The Department of Homeland Security itself said the cost may reach $20 billion over 10 years. To date, the Federal Government has appropriated $40 million for the States to comply with REAL ID, and only $6 million of the $40 million has actually been given to the States.

Here we go again. After a lot of promises from Washington, DC, on this side of the aisle and on that side of the aisle -- we say no more unfunded mandates, but we have a real big idea, we announce it, take credit for it and send the bill to the Governors and the legislatures. We let them worry about whether to raise college tuitions, raise property taxes, or cut services over here -- worry how do we pay for this new mandate?

No wonder 17 States now have passed legislation opposing the REAL ID Act, including Tennessee, which became the 16th State on June 11 of this year.

The Congressional Record editions of July 25 through July 27, 2007 included no remarks from Allard regarding Alexander's amendment.

From the January 11 broadcast of 1310 KFKA's The Amy Oliver Show, with guest host Bill Spalding:

SPALDING: What do you think about this tighter driver's license rules?

CONWAY: Well, very interesting, aren't they?

SPALDING: Well, like I said earlier -- I don't know if you heard the comment -- but if you were born before December 1st, 1964, you don't have to worry about this, and somebody was saying on the radio on the way in -- I was listening to [AM Colorado hosts] George [Gray] and Trevor [Carey], and they brought it up -- and it was something about, or maybe they didn't, I don't know. Is, $45 for this driver's license? And I thought, well, what about us that were born before 1964? And I was saying, it'll be like the TV commercial where you have to pull out your driver's license and your AARP card, you know. [Conway laughs] Let me get my walker; I'll get out of the car for you. I mean, good Lord, here! It just makes no sense. So we're gonna -- and my comment wasn't so much about the, I can understand the aspect of trying to identify possible terrorists or terrorist links, or getting IDs on people. Not a problem. I don't have a problem with that at all. I'm perfectly safe in who I am and what I do. And if they want to look at me they can look at me, that's it. I'm thinking, why don't we worry about not giving them a new driver's license to find out who they are, to find out if they can drive? Because we're giving out driver's licenses to people who can't drive, first off. And now we're worried about raising the fee? If you're a terrorist, you're probably not going to stop and get your driver's license. I just have this concept that they're not gonna be in the line at DMV, which is out the door, so they can get a new driver's license. But --

CONWAY: Yeah, I think a lot of times in terms of things, you kinda wonder where common sense goes. And you wonder who's in that back room kind of promulgating these rules and regulations. I've never really met that person, but they must exist somewhere, because they --

SPALDING: They have a job.

CONWAY: Yeah, these ideas keep coming forward. And you know, the good news is, though, in our form of government you're allowed to report on this, other media outlets are allowed, and citizens are allowed to communicate with their elected officials whether this is a good idea or a bad idea. But clearly, you know, I was born before 1964, so I guess I'm not a threat. I'm very pleased to learn that I'm not a threat. A security threat.

SPALDING: Yeah, I brought that up. It says that over-50 exemption was created to give states more time, da da da. And this person, whoever he or she may be, said the risk of someone being in that age group being a terrorist, illegal immigrant, or a con artist is much less. Oh, thank you. I don't know, I've run into a few con artists, a whole bunch of illegal aliens, and everybody was over 50.

CONWAY: Yeah.

SPALDING: And we're worried about it? And then it says a little later on, by 20 -- what is it? -- 2017, even if you're over 50, you gotta have your driver's license -- your new driver's license -- to get aboard a plane. Am I driving the plane?

CONWAY: No.

SPALDING: Just trying to figure out why I need my driver's license. Who's gonna pull me over -- a jet fighter? You know. [Conway laughs] The pilot's gonna have to have his own driver's license, and I guess what they'll do is, they'll fly [unintelligible].

CONWAY: You know, based on a couple of things, we may need some breathalyzers.

SPALDING: Yeah! [laughs] Well, I would probably -- you know, why don't we come up with a driver's license that you have to -- it'll get the smell of alcohol in your car and shut down your car? Why don't we worry about that?

CONWAY: I think DU -- driving under the influence is a big problem.

SPALDING: Well, it seems to be a lot bigger to me than if we're gonna have an ID card to tell me -- why don't we take -- and like I said, the bad guys -- crooks, con artists, illegal immigrants, whatever -- they're not gonna have a driver's license anyway. How many times do we read in the paper there's an accident -- or the state patrol, there was another article I was reading -- state patrol had a chase. Where the guy ran from 'em.

CONWAY: Mmm-hmm.

SPALDING: Well, does he have a driver's license? It doesn't mention that.

CONWAY: Well, he was over 50 years old, so --

SPALDING: No, he was under 50. [Conway laughs]

SPALDING: We have to get him his new driver's license. And he was only -- how old is this guy? Didn't say.

CONWAY: Well, I think the other thing that -- the kinda serious part of this, particularly from a state and local perspective -- is that the federal government makes these rules and regulations, and they become an unfunded mandate. And so the states -- who say, "What are you doing to us here?" -- they say, "Well, we'll threaten you with all sorts of sanctions and other things."

SPALDING: We'll take away your federal money.

CONWAY: Exactly. And so they use the baseball bat to enforce, you know, their ridiculous rules and regulations. But, you know, the more we can expose on this -- and I commend you for bringing this to light, and letting people know out there so they can, you know, come on down on Monday and let Senator Allard --

SPALDING: Yeah.

CONWAY: -- know about. And that's why he holds these meetings, so people can come to him and ask him questions, and give their opinions on issues like this. And he can, so when he goes back to Washington he sits down and talks to his colleagues and says, "Look, you know I was just in Greeley, Colorado, and you can't believe, you know, what I was hearing."

SPALDING: How many over-50 drivers that are terrorists and illegal aliens came forward.

CONWAY: So when Michael Chertoff comes before --

SPALDING: Yeah.

CONWAY: -- the appropriations committee for his homeland security hearing, Senator Allard can say, "Now, explain to me this driver's license thing again?"

—E.B. & J.F.B.