WASHINGTON, DC -- Senators Daniel K. Akaka (D-HI) and John E. Sununu (R-NH) expressed disappointment over the final regulations to implement the REAL ID Act that were issued today by the Department of Homeland Security (DHS).  Both Senators are members of the Senate Committee on Homeland Security and Government Affairs and have introduced legislation to repeal the REAL ID Act.

"Today the Administration once again failed to take action to protect the privacy of Americans," Senator Akaka said.  "While I am still reviewing the final regulations for the REAL ID Act issued by the Department of Homeland Security, it appears that states were provided some flexibility in meeting the requirements of the Act.  However, REAL ID still imposes a nearly $4 billion unfunded mandate on states and the Administration continues to look for states to utilize what minimal amounts of homeland security funding they receive to help fulfill this mandate.  In addition, the regulations fail to provide strong privacy protections for the volumes of personal information that will be stored and shared among the states and the federal government." 

Senator Sununu, who continues to oppose any version of a national identity card, said, "Although I am still reviewing the regulations, the fact remains that the REAL ID program presents serious privacy concerns and is an unfunded, unnecessary, and intrusive mandate on the states.  REAL should be repealed and replaced with a process that allows New Hampshire and all states the flexibility to produce tamper resistant licences and incorporate measures to protect civil liberties in a manner that does not undermine national security."

Last February, Senators Akaka and Sununu introduced S. 717, the Identification Security Enhancement Act, to repeal the REAL ID Act and once again establish a negotiated rulemaking procedure, eliminate some of the more onerous and costly requirements of the legislation, and mandate safeguards for privacy and civil liberties.  The bill is cosponsored by Senators Patrick Leahy (D-VT), Jon Tester (D-MT), Max Baucus (D-MT), and Lamar Alexander (R-TN).  This legislation is identical to a bill first introduced on December 8, 2006 (109th Congress).

Senators Akaka and Sununu both stressed the need for reasonable and effective solutions to strengthen the security of identification cards and protect the personal privacy and civil liberties of all Americans while respecting the rights of the states.  "We believe that our bill, the Identification Security Enhancement Act, would help address many of the shortfalls of the final regulations," they said.

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