Senator Ayotte Questions DHS Secretary on REAL ID

Press Release

At a Homeland Security and Governmental Affairs Committee hearing today, U.S. Senator Kelly Ayotte (R-NH) questioned Secretary of the Department of Homeland Security (DHS) Jeh Johnson on enforcement of the REAL ID Act, a law Congress enacted in 2005 that established federal standards for the issuance of state driver's licenses to be recognized for specified federal purposes, such as boarding a commercial airplane. New Hampshire and several other states have opposed implementation of these requirements based on privacy and funding concerns, and current New Hampshire state law effectively prohibits compliance with the REAL ID Act.

In March, the entire New Hampshire delegation sent a letter to Secretary Johnson urging DHS to continue the state's extension from compliance with the federal REAL ID mandate to protect New Hampshire residents from being penalized. DHS has threatened that unless the state of New Hampshire fully complies with the federal REAL ID mandate, Granite Staters could be denied the ability to travel by commercial aircraft without additional burdensome requirements beginning as early as 2016.

Excerpts of Senator Ayotte's exchange with Senator Johnson are below:

AYOTTE: ...Our legislature, on a bipartisan basis, has really spoken for the people of New Hampshire...on prohibiting compliance on certain parts of the REAL ID Act.... As you know...the entire delegation [wrote a letter to you] because we have not been granted an additional extension [as] some other states have been in terms of compliance with the REAL ID Act.

I just need to understand, for the people of New Hampshire, and I support their concerns by the way, I think this is legitimate... I just want to understand, starting in 2016, since we have not yet been granted this extension, will this administration essentially prohibit Granite State families from getting on a commercial [airplane] with a valid New Hampshire license? Because that seems to me [to be] the implication. We've got 1.3 million people in our state and I want to understand what happens, if you haven't granted us an extension like you have other states? We have valid concerns with this law that I think many other people share. And...I support my constituents on this.

JOHNSON: ...I did receive your letter and our assessment is that it would not be very difficult for the state of New Hampshire to put itself in a position where we can give you an extension. There are, the overwhelming majority of states out there that either have complied or have been granted extensions. I recall from the discussion with my staff that it would not be that difficult for this state to put itself on the path to an extension and I would certainly encourage you to encourage state officials to do that. It's a law that I'm charged with implementing.

AYOTTE: ...Mr. Secretary, I think the issue is that it wouldn't be that difficult for us to do what the federal government wants us to do, and I think that happens a lot in terms of basically states being told what to do, and this is one where my state feels really strongly about it. I hope that you'll look at our letter seriously again, and I think that this has been an issue that New Hampshire has spoken very loudly and clearly on and I hope that you'll look again at the letter. But when you say it's easy for us to comply, I think that translates to, yes if we do what the federal government asks us to do. And so, again, I hope you'll go back and look at the letter because this is a real issue for the people in New Hampshire and it's an important issue.

JOHNSON: I certainly don't want the 1.3 million people in your state to have an issue at airports. And so our folks...

AYOTTE: I don't either.

JOHNSON: ...want to work with state officials to avoid that.

AYOTTE: Good. I don't either and I also respect their rights to exercise their viewpoints and the importance they place on issues like privacy as well.

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