Mr. AKAKA. Mr. President, I rise today with my colleagues from New Hampshire, Vermont, and Montana, Senators Sununu, Leahy and Tester, to reintroduce legislation to address problems with the REAL ID Act of 2005.
Last year, Senator Sununu and I introduced S. 4117, the Identity Security Enhancement Act, which would repeal the REAL ID Act and reinstitute the shared rulemaking process and more reasonable guidelines established in the Intelligence Reform and Terrorism Prevention Act of 2004. We joined together to convey our concerns with REAL ID to the Department of Homeland Security (DHS) and to urge the Department to ensure that the forthcoming regulations implementing REAL ID addressed our concerns. Now, on the eve of DHS releasing the proposed REAL ID regulations, we once again introduce our legislation as a placeholder as Congress and the American people review how DHS proposes to implement this costly and controversial law.
I plan to hold a hearing on the REAL ID regulations in the Oversight of Government Management Subcommittee shortly, and I will develop comprehensive legislation to address any privacy and civil liberties issues arising under the Act and any unrealistic burdens placed on the states.
From the time the REAL ID Act became law nearly two years ago, hundreds of organizations - ranging from the National Governor's Association (NGA) to the American Civil Liberties Union (ACLU) - have voice their strong opposition to REAL ID. None of these groups were heard by Congress before the bill was passed in May 2005 as there were no hearings to understand the repercussions of such sweeping legislation.
Rather, the REAL ID Act was attached to the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act (P.L. 109-13) in Conference. It was wrong to include the legislation that has such a massive impact on state and local governments without their input. Not having a full debate on the measure to determine its impact has led an increasing number of state legislatures to introduce and pass legislation to condemn REAL ID and, in some cases, prohibit the state from spending money to implement the Act.
My two primary concerns with REAL ID are that the law places an unrealistic and unfunded burden on state governments and erodes Americans' civil liberties and privacy rights.
Mr. President, there is nothing realistic about REAL ID. The extremely costly and complex set of electronic systems that will be required to connect the thousands of local Departments of Motor Vehicles (DMVs) to one another and to a host of federal agencies as required under REAL ID may not be practical. This would cost $1.42 billion according to a September 2006 report issued by the NGA, the National Conference of State Legislatures (NCSL), and the American Association of Motor Vehicle Administrators (AAMVA). In addition, the costs to re-issue every current driver's license under the new screening process is estimated to cost approximately $8 billion over five years. Combined with the other requirements imposed on states by REAL ID, such as new design requirements for the ID cards and on-site security, REAL ID will cost over $11 billion. Congress has appropriated only $40 million for REAL ID implementation, which leaves a hefty price tag for the states, especially for legislation that was passed with no review.
In addition to the unrealistic burden REAL ID places on states, REAL ID is a serious threat to our privacy rights and civil liberties.
As I said last year, the REAL ID Act will require every driver's licensing agency to collect and store substantial numbers of records containing licensees' most sensitive personally identifiable information, including one's social security number, proof of residence, and biometric identifiers such as a digital photograph and signature. If the state databases are compromised, they will provide one-stop access to virtually all information necessary to commit identity theft.
Moreover, the sharing of the aggregated personally identifiable information of licensees between and amongst various government agencies and employees at the federal, state, and local level, as contemplated by the REAL ID Act, potentially allows millions of individuals access to that information without protections or safeguards.
Despite these obvious threats to Americans' privacy, the REAL ID Act fails to mandate privacy protections for individuals' information nor does it provide states with the means to implement data security and anti-hacking protections that will be required to safeguard the new databases mandated by the Act.
REAL ID exacerbates the threat of identity theft which threatens our security by giving us a false sense of security.
Unfunded mandates and the lack of privacy and security requirements are real problems that deserve real consideration and real solutions. Congress has a responsibility to ensure that driver's licenses and ID cards issued in the United States are secure - both from would-be terrorists and identity thieves - affordable, and practical.
I ask unanimous consent that the text of the bill be printed in the RECORD following my statement. Thank you, Mr. President.
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