Washington — Homeland Security Secretary Janet Napolitano is asking Congress to repeal a post-Sept. 11, 2001, law that was meant to enhance the security of driver's licenses but has elicited the wrath of governors nationwide who say it is too costly.

The Real ID Act, which was passed in 2005 but doesn't begin to go into effect until the end of the year, was the brainchild of Rep. Jim Sensenbrenner, a Republican from Menomonee Falls who then served as chairman of the House Judiciary Committee.

Appearing Wednesday before the Senate Committee on Homeland Security and Governmental Affairs, Napolitano warned that millions of travelers could face increased security screening at airports next year unless Congress acts soon because few states are on track to comply with the law. She wants lawmakers to pass a new measure known as Pass ID that would increase driver's license security but give states more leeway on how to implement the changes.

Sensenbrenner, who authored the Real ID Act in an attempt to enhance the security of driver's licenses after the Sept. 11 terrorist attacks, called Napolitano's proposal a "watered-down" version of his original act.

The Sept. 11 Commission singled out making identification documents more secure as a way to help avoid further attacks after 18 of the 19 terrorists involved in the attacks were found to have carried state driver's licenses.

"Secretary Napolitano is advocating for less homeland security when her job is to keep the homeland safe," Sensenbrenner said Wednesday.

But Napolitano, a former governor whose state of Arizona chose not to comply with Real ID, argues that the act is unworkable because a dozen states so far have passed laws prohibiting compliance with the act and dozens more have raised serious objections to the measure.

"The major problem with Real ID is that it is producing very little progress in terms of securing driver's licenses, and it is not getting us to where we need to be," Napolitano said. "Simply put, Real ID is unrealistic."

New proposal

She said her plan would beef up the security of driver's licenses while giving states more flexibility to comply with the program. She also argued that the measure would keep costs down and take less time to implement than Real ID.

Under current law, states would have to certify that they are complying with certain standards for validating the security of driver's licenses by Dec. 31. Residents of states that do not certify they are complying with the rules would not be allowed to board airplanes using their driver's licenses beginning in 2010.

Under the new proposal, people would not have to have new driver's licenses to board planes and states would not have to confirm birth certificates used to establish identity with the agency that issued them.

The measure would not force the 50 states to create interlinking driver's license databases. States have long said such a system would be costly and technically challenging.

Patrick Fernan, operations manager of the Wisconsin Division of Motor Vehicles, predicted the short-term cost of Pass ID would be similar to Real ID, but states would have to spend less on computer costs over the long haul.

Federal pressure

Wisconsinites started paying $10 more for driver's licenses last year so the state could comply with federal law. But Gov. Jim Doyle and state Democratic leaders agreed this year to not spend any more money on computer upgrades and other steps to implement the law as it became clear Congress might rework the plan.

The surcharge, which increased the cost of an eight-year license to $34, is expected to bring in $13.8 million this year. State officials now plan to use the money on roads and other projects.

State lawmakers have been frustrated that they have had to raise state fees to fund a program mandated by the federal government.

"If Pass ID is the next approach, it cannot be Real ID lite," said Rep. Louis Molepske Jr. (D-Stevens Point). "It has to get at the security of IDs, but it cannot limit Americans' right to travel. You can't just change the name."

Refund requested

Molepske, who has pushed legislation that would bar Wisconsin from complying with the law unless the federal government pays for it, also argues that the state should stop charging the $10 fee if officials are not using it to implement Real ID.

Chris Klein, executive assistant at the Wisconsin Department of Transportation, argues that refunding the $10 fees that already have been collected didn't make sense because that money indeed was spent on Real ID. Klein also expects the surcharge to be used to implement Pass ID should it become law.

But Sensenbrenner, who recently paid the surcharge when he renewed his driver's license, says Doyle has been "dishonest with the people of Wisconsin" for deciding to use some of the money collected on things other than Real ID.

"I want a refund," he said.

Diana Marrero reported from Washington; Patrick Marley from Madison.