REAL ID Act Modification for Freely Associated States Act

Mr. Speaker, I rise in support of H.R. 3398, the REAL ID Act Modification for Freely Associated States Act.

Mr. Speaker, I want to thank my colleague and good friend from Alaska, Congressman Don Young, for introducing this bill, which I proudly cosponsored.

Through the Compact of Free Association, the United States and the Freely Associated States--the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau--agreed to the terms of our special and unique government-to-government relationships. It is through these compacts that the citizens of the Freely Associated States can enter the U.S. to live, work, study, and visit indefinitely as legal nonimmigrants without visa, with guaranteed access to social and health services.

In return, the U.S. has defense and certain other operating rights in the Freely Associated States, denial of access to the territory by other nations, and other agreements of strategic importance to the United States.

The Freely Associated States' citizens migrate to Hawaii and other places in the U.S. for many reasons, including but not limited to job and economic opportunities.

Hawaii is one of the four recognized affected jurisdictions by the U.S. Government. Hawaii experiences the highest impact of FAS migrants. The other affected jurisdictions are Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

Based on the U.S. Census data for 2010 to 2014, the five States with the highest number of FAS citizens are Hawaii, with 17,205; Arkansas, with 3,625; Washington, with 3,430; Oregon, with 2,580; and Texas, with 2,090.

Unfortunately, when Congress passed the Real ID Act in 2005, it used an obsolete reference to the Freely Associated States countries, specifically identifying them as the Trust Territory of the Pacific Islands.

As a result, when the Freely Associated States' migrants seek to obtain a U.S. ID or license, they can only obtain a temporary license for 1 year, since they are legally noncitizens without an end date of their stay.

This is extremely problematic when the migrants seek employment, and it further complicates our ability to accurately assess the size of the FAS citizen population.

It is clear Congress intended to include the Freely Associated States' citizen migrants under the Real ID Act, and I appreciate Congressman Young's effort to correct the Record and end the ambiguity which keeps FAS citizens from fully and freely participating in our country and becoming self-sufficient members of our society.

Mr. Speaker, I would also like to remind people why we even have these compacts. It is because the United States did do atomic bomb testing, nuclear testing, in this area. As a result, it has affected their health, their ability to retain and stay in their home countries, and the compacts give them free access.

Hawaii is one of the most affected, and we carry a lot of the costs associated with the compacts, especially in the area of medical, education, and housing.

So the ability to have these Real IDs, then, will facilitate the various migrants' ability to actually seek jobs and have an equal footing in terms of economic opportunity.

Mr. Speaker, I strongly encourage my colleagues to support H.R. 3398.

Mr. Speaker, I move to suspend the rules and pass 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.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, 30 years ago, the United States solidified a unique international relationship by signing the Compact of Free Association with the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. Collectively, these three sovereign nations are referred to as the Freely Associated States.

Under the Compact of Free Association, citizens from the Freely Associated States can live, work, and study in the United States as legal nonimmigrants without a need for a visa.

In 2005, Congress enacted the Real ID Act, which enacted the 9/11 Commission's recommendation to set Federal standards for driver's license and other sources of identification. However, the Real ID Act of 2005 made no mention of the Freely Associated States or the compact. Instead, the law referred to ``the Trust Territory of the Pacific Islands,'' a now-defunct entity that ceased to exist in 1994. The former trusteeship predated the current self-governing status of Freely Associated States as established under the Compact of Free Association.

As a result of this error, citizens of the Marshall Islands, Micronesia, and Palau are often forced to settle for temporary driver's licenses that expire after a year, costing these citizens access to work, housing, transportation, and other opportunities. Because some employers have been reluctant to hire or retain temporary-licensed carriers, many of these citizens lose access to work, housing, transportation, and other opportunities.

The omission also greatly disadvantages these citizens to other nonimmigrants who are able to obtain standard licenses lasting up to 8 years, if they meet the Real ID Act eligibility requirements.

H.R. 3398 corrects this drafting error in the Real ID Act. Fixing this error in

the law clarifies the legal eligibility of the citizens of these three nations for full-term driver's licenses, honors the terms of our Compact of Free Association, and reaffirms our partnership with the three nations.

I would like to thank Representative Don Young, the gentleman from Alaska and my friend, for his work on this important legislation.

Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.

Mr. Speaker, I yield 2 minutes to the gentleman from Alaska (Mr. Young), the sponsor of this bill.

(Mr. YOUNG of Alaska asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I urge adoption of the bill, and I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, the bill before us would make a technical correction to the Real ID Act of 2005. The act incorrectly identified persons from the Marshall Islands, Micronesia, and Palau as citizens of the Trust Territory of the Pacific Islands, an entity that has not existed since 1994. This error has caused citizens of these trust territories difficulties because they are often issued only temporary driver's licenses. This, in turn, makes some employers reluctant to hire these citizens and makes it difficult for them to access government services.

Mr. Speaker, I support this bill, urge my colleagues to do so as well, and I reserve the balance of my time.

Mr. Speaker, I yield such time as she may consume to the gentlewoman from Hawaii (Ms. Hanabusa).

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I thank Mr. Russell and the minority member for their work on this legislation.

Mr. Speaker, H.R. 3398 is a bill that should be passed. I strongly support it. I was listening to the testimony from the chairman, and he has put it so well, I probably won't speak anymore. I do believe that what he said is all true. It is necessary. It is needed.

This is something that was an oversight, because I was here when we wrote the original bill in 2005. It was an oversight, and the gentleman did a great job explaining it.

This is needed for those citizens who we consider from Palau, Micronesia, and the other islands there, and we will do the work. I thank the gentleman again for his work.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be discharged from further consideration of H.R. 3398 and that the Senate proceed to its immediate consideration.

I ask unanimous consent that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.