[House Report 115-945]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-945
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REAL ID ACT MODIFICATION FOR FREELY ASSOCIATED STATES ACT
_______
September 12, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Gowdy, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 3398]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 3398) to amend the Real ID Act of
2005 to permit Freely Associated States to meet identification
requirements under such Act, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 2
Background and Need for Legislation.............................. 2
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 2
Statement of General Performance Goals and Objectives............ 3
Legislative History.............................................. 3
Committee Consideration.......................................... 3
Roll Call Votes.................................................. 3
Explanation of Amendments........................................ 3
Application of Law to the Legislative Branch..................... 3
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act................................... 4
Unfunded Mandates Statement...................................... 4
Earmark Identification........................................... 4
Committee Estimate............................................... 4
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 4
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Summary and Purpose of Legislation
H.R. 3398, the REAL ID Act Modification for Freely
Associated States Act, amends the REAL ID Act of 2005 to permit
Freely Associated States to meet identification eligibility
requirements.
Background and Need for Legislation
The Compact of Free Association permit citizens of the
Freely Associated States (FAS) to work and reside indefinitely
in the United States as legal non-immigrants without the need
for a visa.\1\ However, the REAL ID Act of 2005 did not cover
FAS citizens.\2\ Instead, under the definition of ``State,''
the law refers to ``the Trust Territory of the Pacific
Islands''--an outdated and defunct term describing the former
Trusteeship that predated the Compact of Free Association
between the United States and FAS nations.\3\
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\1\Pub. L. No. 108-188 (2003); Pub. L. No. 101-219 (1989). The
Freely Associated States are the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.
\2\Pub. L. No. 109-13 (2005).
\3\E.g., U.S. Citizenship & Immigr. Servs., Fact Sheet: Status of
Citizens of the Republic of Palau (Nov. 3, 2015), available at https://
www.uscis.gov/sites/default/files/USCIS/Verification/I-9%20Central/
FactSheets/FactSheet-Status_of_Citizens_of _Palau.pdf.
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Because the Compact of Free Association does not establish
a specific time period for admission and duration of stay in
the United States, FAS citizens are often subject to temporary
driver's licenses under the REAL ID Act.\4\ Temporary licenses
under the law expire after one year, while permanent licenses
are authorized for a period of eight years.\5\ As a legal non-
immigrant, a FAS citizen would otherwise be eligible for a
permanent, state-issued driver's license compliant with the
REAL ID Act.\6\
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\4\Briefing by Gerald Zackios, Ambassador, Embassy of the Republic
of the Marshall Islands, to Comm. Staff, H. Comm. on Oversight & Gov't
Reform (Oct. 25, 2017).
\5\Pub. L. No. 109-13 (2005).
\6\Hearing to Conduct Oversight on Issues Facing U.S.-Affiliated
Islands and to Consider Two Measures Related to U.S.-Affiliated
Islands: Hearings before the S. Comm. on Energy & Natural Resources,
114th Cong. (Apr. 5, 2016) (statement of Esther P. Kia'aina, Ass't
Sec'y for Insular Areas, Dep't of the Interior).
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As a result, some employers are reluctant to hire or retain
FAS citizens.\7\ FAS citizens with temporary licenses are also
often denied access to housing, transportation, schools, and
other opportunities, even though they are lawfully residing in
the United States.\8\ H.R. 3398 updates the law to ensure a FAS
citizen admitted as a non-immigrant to the United States
pursuant to a Compact of Free Association can obtain a REAL ID-
compliant driver's license on the same basis as any other long-
term migrant in the United States.
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\7\Id.
\8\Id.
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Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the previous section.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to amend the Real ID Act of
2005 to permit Freely Associated States to meet identification
requirements under such Act, and for other purposes.
Legislative History
On July 25, 2017, Representative Don Young (R-AK)
introduced H.R. 3398, the REAL ID Act Modification for Freely
Associated States Act. H.R. 3398 was referred to the Committee
on Oversight and Government Reform. The Committee considered
H.R. 3398 at a business meeting on February 6, 2018, and
ordered the bill favorably reported by voice vote.
In the 114th Congress, Senator Lisa Murkowski (R-AK)
introduced S. 2360, the Omnibus Territories Act of 2015, which
included a provision substantially similar to H.R. 3398. On
July 13, 2016, the Senate Committee on Energy and Natural
Resources considered and ordered favorably reported S. 2360, as
amended, and on September 29, 2016, the Senate passed the bill
by unanimous consent.
In the 113th Congress, Senator Ron Wyden (D-OR) introduced
S. 1237, the Omnibus Territories Act of 2013, an identical bill
to S. 2360. On December 19, 2013, the Senate Committee on
Energy and Natural Resources considered and ordered favorably
reported S. 1237, as amended, and on June 18, 2014, the Senate
passed the bill by unanimous consent.
Committee Consideration
On February 6, 2018, the Committee met in open session and,
with a quorum being present, ordered the bill favorably
reported by voice vote.
Roll Call Votes
There were no roll call votes requested or conducted during
Committee consideration of H.R. 3398.
Explanation of Amendments
There were no amendments to H.R. 3398 offered or adopted
during Committee consideration of the bill.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill amends the Real ID Act of 2005 to permit Freely
Associated States to meet identification requirements under
such Act. As such, this bill does not relate to employment or
access to public services and accommodations.
Duplication of Federal Programs
In accordance with clause 2(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
This bill does not direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of Section 5(b) of the appendix to title 5,
United States Code.
Unfunded Mandates Statement
Pursuant to section 423 of the Congressional Budget Act of
1974 the Committee has included a letter received from the
Congressional Budget Office below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes below a
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 14, 2018.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3398, the REAL ID
Act Modification for Freely Associated States Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David
Rafferty.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 3398--REAL ID Act Modification for Freely Associated States Act
Under the REAL ID Act, states may only issue a temporary
driver's license or personal identification card, valid for one
year, to noncitizens whose period of authorized stay is
indefinite. H.R. 3398 would amend the REAL ID Act of 2005 to
allow citizens of the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau to be
issued regular driver's licenses or personal identification
cards that are valid for the maximum period of validity, which
is up to eight years. Citizens of those countries can travel to
the United States without a visa, and live and work in the U.S.
indefinitely.
Based on information from the Department of Homeland
Security and the Department of the Interior, CBO estimates that
enacting H.R. 3398 would have no significant effect on the
federal budget because it would not materially affect the
duties or responsibilities of executive branch agencies.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 3398 would not increase direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 3398 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is David Rafferty.
The estimate was approved by Leo Lex, Deputy Assistant Director
for Budget Analysis.
Section-by-Section Analysis
Section 1. Short title
Section 1 establishes the short title of the bill.
Sec. 2. Amendment
Subsection (a) of section 2 amends section 201(5) of the
REAL ID Act of 2005 (49 U.S.C. 30301 note; Pub. L. 109-13), to
omit references to ``the Trust Territory of the Pacific
Islands'' from the definition of ``State.''
Subsection (b) of section 2 amends section 202(c)(2)(B) of
the REAL ID Act of 2005, by adding a new classification under
Evidence of Lawful Status. Citizens from: (1) the Republic of
the Marshall Islands; (2) the Federated States of Micronesia;
and (3) the Republic of Palau, who have been accepted into the
United States as non-immigrants pursuant to a Compact of Free
Association, are eligible for state-issued driver's licenses or
other identification documentation.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
REAL ID ACT OF 2005
* * * * * * *
DIVISION B--REAL ID ACT OF 2005
* * * * * * *
TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL
IDENTIFICATION CARDS
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) Driver's license.--The term ``driver's license''
means a motor vehicle operator's license, as defined in
section 30301 of title 49, United States Code.
(2) Identification card.--The term ``identification
card'' means a personal identification card, as defined
in section 1028(d) of title 18, United States Code,
issued by a State.
(3) Official purpose.--The term ``official purpose''
includes but is not limited to accessing Federal
facilities, boarding federally regulated commercial
aircraft, entering nuclear power plants, and any other
purposes that the Secretary shall determine.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(5) State.--The term ``State'' means a State of the
United States, the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, [the Trust Territory of the Pacific
Islands,] and any other territory or possession of the
United States.
SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR
FEDERAL RECOGNITION.
(a) Minimum Standards for Federal Use.--
(1) In general.--Beginning 3 years after the date of
the enactment of this division, a Federal agency may
not accept, for any official purpose, a driver's
license or identification card issued by a State to any
person unless the State is meeting the requirements of
this section.
(2) State certifications.--The Secretary shall
determine whether a State is meeting the requirements
of this section based on certifications made by the
State to the Secretary. Such certifications shall be
made at such times and in such manner as the Secretary,
in consultation with the Secretary of Transportation,
may prescribe by regulation.
(b) Minimum Document Requirements.--To meet the requirements
of this section, a State shall include, at a minimum, the
following information and features on each driver's license and
identification card issued to a person by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver's license or identification
card number.
(5) A digital photograph of the person.
(6) The person's address of principle residence.
(7) The person's signature.
(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the
document for fraudulent purposes.
(9) A common machine-readable technology, with
defined minimum data elements.
(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this
section, a State shall require, at a minimum,
presentation and verification of the following
information before issuing a driver's license or
identification card to a person:
(A) A photo identity document, except that a
non-photo identity document is acceptable if it
includes both the person's full legal name and
date of birth.
(B) Documentation showing the person's date
of birth.
(C) Proof of the person's social security
account number or verification that the person
is not eligible for a social security account
number.
(D) Documentation showing the person's name
and address of principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements of
this section, a State shall comply with the
minimum standards of this paragraph.
(B) Evidence of lawful status.--A State shall
require, before issuing a driver's license or
identification card to a person, valid
documentary evidence that the person--
(i) is a citizen or national of the
United States;
(ii) is an alien lawfully admitted
for permanent or temporary residence in
the United States;
(iii) has conditional permanent
resident status in the United States;
(iv) has an approved application for
asylum in the United States or has
entered into the United States in
refugee status;
(v) has a valid, unexpired
nonimmigrant visa or nonimmigrant visa
status for entry into the United
States;
(vi) has a pending application for
asylum in the United States;
(vii) has a pending or approved
application for temporary protected
status in the United States;
(viii) has approved deferred action
status; [or]
(ix) has a pending application for
adjustment of status to that of an
alien lawfully admitted for permanent
residence in the United States or
conditional permanent resident status
in the United States[.]; or
(x) is a citizen of the Republic of
the Marshall Islands, the Federated
States of Micronesia, or the Republic
of Palau who has been admitted to the
United States as a nonimmigrant
pursuant to a Compact of Free
Association between the United States
and the Republic or Federated States.
(C) Temporary drivers' licenses and
identification cards.--
(i) In general.--If a person presents
evidence under any of clauses (v)
through (ix) of subparagraph (B), the
State may only issue a temporary
driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary
driver's license or temporary
identification card issued pursuant to
this subparagraph shall be valid only
during the period of time of the
applicant's authorized stay in the
United States or, if there is no
definite end to the period of
authorized stay, a period of one year.
(iii) Display of expiration date.--A
temporary driver's license or temporary
identification card issued pursuant to
this subparagraph shall clearly
indicate that it is temporary and shall
state the date on which it expires.
(iv) Renewal.--A temporary driver's
license or temporary identification
card issued pursuant to this
subparagraph may be renewed only upon
presentation of valid documentary
evidence that the status by which the
applicant qualified for the temporary
driver's license or temporary
identification card has been extended
by the Secretary of Homeland Security.
(3) Verification of documents.--To meet the
requirements of this section, a State shall implement
the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State
shall verify, with the issuing agency, the
issuance, validity, and completeness of each
document required to be presented by the person
under paragraph (1) or (2).
(B) The State shall not accept any foreign
document, other than an official passport, to
satisfy a requirement of paragraph (1) or (2).
(C) Not later than September 11, 2005, the
State shall enter into a memorandum of
understanding with the Secretary of Homeland
Security to routinely utilize the automated
system known as Systematic Alien Verification
for Entitlements, as provided for by section
404 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (110 Stat.
3009-664), to verify the legal presence status
of a person, other than a United States
citizen, applying for a driver's license or
identification card.
(d) Other Requirements.--To meet the requirements of this
section, a State shall adopt the following practices in the
issuance of drivers' licenses and identification cards:
(1) Employ technology to capture digital images of
identity source documents so that the images can be
retained in electronic storage in a transferable
format.
(2) Retain paper copies of source documents for a
minimum of 7 years or images of source documents
presented for a minimum of 10 years.
(3) Subject each person applying for a driver's
license or identification card to mandatory facial
image capture.
(4) Establish an effective procedure to confirm or
verify a renewing applicant's information.
(5) Confirm with the Social Security Administration a
social security account number presented by a person
using the full social security account number. In the
event that a social security account number is already
registered to or associated with another person to
which any State has issued a driver's license or
identification card, the State shall resolve the
discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or
identification card to a person holding a driver's
license issued by another State without confirmation
that the person is terminating or has terminated the
driver's license.
(7) Ensure the physical security of locations where
drivers' licenses and identification cards are produced
and the security of document materials and papers from
which drivers' licenses and identification cards are
produced.
(8) Subject all persons authorized to manufacture or
produce drivers' licenses and identification cards to
appropriate security clearance requirements.
(9) Establish fraudulent document recognition
training programs for appropriate employees engaged in
the issuance of drivers' licenses and identification
cards.
(10) Limit the period of validity of all driver's
licenses and identification cards that are not
temporary to a period that does not exceed 8 years.
(11) In any case in which the State issues a driver's
license or identification card that does not satisfy
the requirements of this section, ensure that such
license or identification card--
(A) clearly states on its face that it may
not be accepted by any Federal agency for
federal identification or any other official
purpose; and
(B) uses a unique design or color indicator
to alert Federal agency and other law
enforcement personnel that it may not be
accepted for any such purpose.
(12) Provide electronic access to all other States to
information contained in the motor vehicle database of
the State.
(13) Maintain a State motor vehicle database that
contains, at a minimum--
(A) all data fields printed on drivers'
licenses and identification cards issued by the
State; and
(B) motor vehicle drivers' histories,
including motor vehicle violations,
suspensions, and points on licenses.
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