Statements On Introduced Bills And Joint Resolutions

Date: Feb. 28, 2007
Location: Washington, DC


STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - February 28, 2007)

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By Mr. AKAKA:

S. 714. A bill to amend the Animal Welfare Act to ensure that all dogs and cats used by research facilities are obtained legally; to the Committee on Agriculture, Nutrition, and Forestry.

Mr. AKAKA. Mr. President, I rise today to introduce the Pet Protection Act of 2007. In 1966, Congress passed the Animal Welfare Act to prevent the abuse and mistreatment of animals and to provide assurance that family pets would not be sold for laboratory experiments. Although the Animal Welfare Act provides a solid foundation to stop the mistreatment of animals, more needs to be done to protect pets and pet owners from the actions of Class B animal dealers, also known as ``random source' dealers.

Across the Nation, random source animal dealers acquire tens of thousands of dogs and cats, many of them family pets, through deceit and fraud. Some of their tactics include tricking animals owners into giving away their dogs and cats by posing as someone interested in pet adoption and the outright theft of family pets left unattended. The treatment of the animals captured and sold by random source dealers is often shocking and cruel. Hundreds of animals are kept in squalid conditions with just enough food and water to keep them alive until sold.

This bill does not address the larger issue of whether animals should or should not be used in research facilities. Medical research is one of our primary weapons in the discovery of new drugs and surgical techniques that help develop cures for life-threatening diseases and animal research has been, and continues to be, a fundamental part of scientific advances. Instead, this legislation targets the unethical practice of selling stolen pets and stray animals to research facilities. While I do not believe that research laboratories intentionally seek out fraudulently obtained animals, it does happen. And it does need to be stopped.

My bill will strengthen the Animal Welfare Act by prohibiting the use of random source animal dealers as suppliers of dogs and cats to research laboratories by making funds unavailable to research facilities that purchase animals from a dealer that holds a Class B license under the Animal Welfare Act. In doing so, it also simultaneously encourages the use of legitimate sources such as USDA-licensed Class A dealers. I urge my colleagues to join me in my efforts to curb the abusive practices of random source dealers by supporting this bill.

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By Mr. AKAKA (for himself, Mr. Sununu, Mr. Leahy, and Mr. Tester):

S. 717. A bill to repeal title II of the REAL ID Act of 2005, to restore section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which provides States additional regulatory flexibility and funding authorization to more rapidly produce tamper- and counterfeit-resistant driver's licenses, and to protect privacy and civil liberties by providing interested stakeholders on a negotiated rulemaking with guidance to achieve improved 21st century licenses to improve national security; to the Committee on the Judiciary.

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.

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.

There being no objection, the text of the bill was ordered to be printed in the Record

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