The Real ID Act and the Public Administration of Global Radio Frequency Identification (RFID) Policies

Bart Bevers, Chief Legal Counsel, Health & Human Svc Commission, USA

As a former prosecutor, I understood that each crime I prosecuted had certain “elements,” which must be proved beyond a reasonable doubt in order to secure a conviction. The “elements” of each crime became a pair of “reading glasses” for me. As an investigator began to pitch his case, I would put on my elements-reading glasses and look for where the evidence would fit into the charge we were considering. The first element of every crime is proving the identity of the defendant. It is not enough to prove that a crime was committed. The prosecutor must also prove that the defendant sitting in the courtroom is the person who committed every element of that crime. Prosecutors typically use driver’s licenses and state identification cards to prove identity by linking the defendant in the courtroom to the name on the indictment. That is why the Real ID Act[i] (also known as §§201-205 of Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234)) is of such significance to law enforcement. The Real ID Act will convert today’s simple drivers’ licenses into governmentally-imposed biometric cards. These cards will tie distinguishing human anatomy to a single, confirmed biographical record. The Real ID Act prohibits federal agencies from accepting a state-issued driver’s license or identification card (presented for official purposes)[ii] that does not meet its issuance standards. Applicants will have to prove that they are U.S. citizens, nationals, or have lawful immigration status to be eligible for either card.

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USA Identity General October 2008 Vol. 2, No. 5, Autumn 2008

Bart Bevers

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Bart Bevers was appointed by Governor Rick Perry in 2007 as the Inspector General for Texas’ Health and Human Services system. He runs one of the largest state Inspector General Offices in the United States. He oversees a staff of 644 employees in 27 cities, with an annual operating budget of $52 million where he monitors all the fraud, waste and abuse in Texas’ $25 billion per year Medicaid system. Mr. Bevers began his career in law enforcement in 1995 working for the Dallas County District Attorney’s Office, where he was the Chief Prosecutor in 5 different criminal courts. He specialized in prosecuting felony white-collar criminal offenses. Mr. Bevers graduated from Southern Methodist University (SMU) in 1986 with a Bachelor of Arts degree in Psychology, where he attended on a football scholarship. Mr. Bevers also graduated from the University of Tulsa, College of Law in Tulsa, Oklahoma with a Juris Doctor degree in 1995. He is licensed to practice law in Texas. Mr. Bevers was the 2007 recipient of the “National Founders Award” from the Association of Certified Fraud Specialists in San Francisco, California. He is certified as a Certified Fraud Specialist (C.F.S.) by the Association of Certified Fraud Specialists, Certified Homeland Security, Level III, (C.H.S-III) by the American College of Forensic Examiners Institute, a Certified Inspector General (C.I.G.) by the Association of Inspectors General, and a Certified Public Manager, (CPM), by the American Academy of Certified Public Managers. When he was a trial attorney and prosecutor Mr. Bevers personally tried over 450 contested trials. Mr. Bevers is an instructor for the National White Collar Crime Center (NW3C), and has been a speaker at national conferences for the Association of Certified Fraud Specialists and the Association of Certified Fraud Examiners. He is a member of the Association of Inspectors General (AIG), the Association of Certified Fraud Specialists (ACFS), and the State Bar of Texas.

Texas Health & Human Services Commission

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OIG is comprised of 4 divisions, the (1) Compliance Division which is responsible for identifying and reducing waste, abuse and fraud and improving efficiency and effectiveness. The Compliance division is comprised of two sections: Quality Review and Audit, (2) Enforcement Division works closely with the other divisions and sections to ensure that allegations of waste, abuse and fraud are properly investigated and program rules are followed. The Enforcement division includes three sections: General Investigations, Medicaid Provider Integrity and Internal Affairs, (3) Office of Chief Counsel's responsibilities include giving legal advice, imposing administrative sanctions, damages or penalties, negotiating settlements and maintaining an effective third-party liability program. The Office of Chief Counsel includes the Sanctions section, and (4) Operations Division which directs and guides strategic operations and planning of the Office of Inspector General administrative and budget functions.

USA Identity General October 2008 Vol. 2, No. 5, Autumn 2008