[Senate Report 114-311]
[From the U.S. Government Publishing Office]
Calendar No. 583
114th Congress } { Report
SENATE
2d Session } { 114-311
======================================================================
OMNIBUS TERRITORIES ACT OF 2015
_______
August 30, 2016.--Ordered to be printed
Filed, under authority of the order of the Senate of July 14, 2016
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2360]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2360) to improve the administration of
certain programs in the insular areas, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Beginning on page 1, strike line 6 and all that follows
through page 2, line 17 and insert the following:
SEC. 2. RESETTLEMENT AND RELOCATION FOR THE PEOPLE OF BIKINI.
The matter under the heading ``TRUST TERRITORY OF THE PACIFIC
ISLANDS'' under the heading ``Office of Territorial Affairs'' under the
heading ``DEPARTMENT OF THE INTERIOR'' in chapter VIII of title I of
the Supplemental Appropriations Act, 1982 (Public Law 97-257; 96 Stat.
840), is amended by striking the first proviso and inserting
``Provided, That such funds, including funds provided pursuant to the
Department of the Interior and Related Agencies Appropriations Act,
1989 (Public Law 100-446; 102 Stat. 1774), shall be available for the
relocation and resettlement of the Bikini people living on Kili and
Ejit Islands, on the condition that the Secretary of the Interior
submits to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives
a resettlement plan developed in coordination with the Bikini Atoll
leadership: Provided further, That for any fiscal year, annual
expenditures from the Resettlement Fund established by this section and
pursuant to the Department of the Interior and Related Agencies
Appropriations Act, 1989 (Public Law 100-446; 102 Stat. 1774) may not
exceed an amount that is greater than 90 percent of the average annual
earnings of the Fund for the preceding 5 years unless for resettlement
purposes outside of the Marshall Islands:''.
SEC. 3. RELIABLE AIR SERVICE IN AMERICAN SAMOA.
Section 40109(g) of title 49, United States Code, is amended--
(1) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) review the exemption at least every 30 days
(or, in the case of exemptions that are necessary to
provide and sustain air transportation in American
Samoa between the islands of Tutuila and Manu'a, at
least every 180 days), to ensure that the unusual
circumstances that established the need for the
exemption still exist.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Renewal Of Exemptions.--
``(A) In General.--Except as provided in subparagraph
(B), the Secretary may renew an exemption (including
renewals) under this subsection for not more than 30
days.
``(B) Exception.--An exemption that is necessary to
provide and sustain air transportation in American
Samoa between the islands of Tutuila and Manu'a, may be
renewed for not more than 180 days.
``(4) Continuation of Exemptions.--An exemption may continue
for not more than 5 days after the unusual circumstances that
established the need for the exemption cease.''.
Purpose
The purpose of S. 2360 is to improve the administration of
certain programs in the insular areas.
Background and Need
The sovereignty of the United States extends to various
insular areas, including the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands. Congress has
extended U.S. citizenship to people born in these insular
areas, except for American Samoa. People born in American Samoa
are non-citizen nationals of the United States. Congress has
the authority to ``make all needful Rules and Regulations
respecting the Territory or other Property belonging to the
United States. . . .'' (Article IV, section 3, clause 2, of the
Constitution).
In addition, the United States has entered into Compacts of
Free Association with the self-governing, sovereign Republic of
Palau, the Federated States of Micronesia, and the Republic of
the Marshall Islands, which are collectively referred to as the
Freely Associated States (FAS). The FAS were part of the former
United Nations Trust Territory of the Pacific Islands, which
was administered by the United States from 1947 to 1994.
Bikini Atoll Resettlement
As a result of nuclear weapons testing by the United States
in the northern atolls of the Marshall Islands, Congress,
through Public Law 97-257 in 1982, provided the people of
Bikini Atoll a relocation and resettlement trust fund of $19.6
million to resettle from their traditional homeland of Bikini
Atoll to other islands within the Marshall Islands. The purpose
of the trust fund was expanded with the enactment of a Compact
of Free Association (Compact) in 1986, Public Law 99-239.
Section 103(l) of the Compact authorized funding to restore
Bikini Atoll to habitability and an additional $90 million was
subsequently appropriated. Currently, the islands of Kili and
Ejit serve as the official resettlement locations for the
people of Bikini Atoll. Today, however, the people on these
islands have limited living space, lack suitable sustainable
resources to provide water and food for their population, and
they are exposed to tidal flooding on an increasingly frequent
basis. Pursuant to section 141 of the Compact, citizens of the
FAS, including the people of Bikini, are permitted to enter
into the United States to lawfully engage in occupations and
establish residence as nonimmigrants. Because of the
deteriorating living conditions on Kili and Ejit, the Bikini
community has requested that they be allowed to use the trust
fund to resettle outside of the Marshall Islands, including in
the United States.
American Samoa Air Service
There are currently no U.S. airlines that provide flight
service within American Samoa between the islands of Tutuila
and Manu'a. The U.S. Department of Transportation has granted a
foreign air carrier emergency service capability to provide
this service, but that designation must be renewed every 30
days under statutory requirement.
REAL ID and FAS citizens
Section 141 of the Compact of Free Association Amendments
Act of 2003 (Public Law 108-188) and the law that implemented
the Compact of Free Association with Palau (Public Law 101-219)
permits citizens of the FAS to enter into the United States to
lawfully engage in occupations and establish residence as
nonimmigrants. However, the REAL ID Act of 2005 (Public Law
109-13) did not provide a means for FAS citizens to document
their lawful status in the United States in order to obtain a
driver's license or identification card. As a consequence, FAS
citizens are denied anything more than a temporary ID valid
only for one year, resulting in practical difficulties in their
ability to maintain employment and engage in other lawful
activities where they reside. On November 13, 2013, the
Ambassadors to the United States from the FAS wrote to the
Committee requesting that a provision be passed that would
amend the REAL ID Act to clarify that citizens of the FAS who
reside lawfully in the United States are able to obtain a
driver's license or state identification card under the REAL ID
Act.
Legislative History
S. 2360 was introduced by Senators Murkowski and Cantwell
on December 7, 2015. Section 2 (Bikini Atoll) and section 3
(American Samoa air service) were included at the request of
the Administration. Section 4 (REAL ID) was previously included
in S. 1237 at the request of the Ambassadors to the United
States from the FAS. The Committee held a hearing on S. 2360 on
April 5, 2016.
In the 113th Congress, S. 1237, the Omnibus Territories Act
of 2013, was introduced by Senators Wyden and Murkowski on June
27, 2013. The Committee held a hearing on the bill on July 11,
2013, and ordered the bill favorably reported, as amended, on
December 19, 2013. The full Senate unanimously passed S. 1237,
with an amendment, on June 18, 2014. The House took no further
action on the measure.
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered S. 2360
favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2360, if amended as described herein.
Committee Amendment
During its consideration of S. 2360, the Committee adopted
an amendment to section 2, regarding the Bikini Atoll
Resettlement, and section 3, regarding American Samoa Air
Service.
The amendment revises the use of the Bikini Atoll
Resettlement Fund and limits expenditures from that Fund. The
amendment also revises the length of an exemption that a
foreign carrier may receive to provide commercial air
transportation in American Samoa between the islands of Tutuila
and Manu'a.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides a short title, the ``Omnibus Territories
Act of 2016.''
Section 2. Resettlement and relocation for the people of Bikini
Section 2 amends the first proviso of the heading ``Trust
Territory of the Pacific Islands'' under the heading ``Office
of Territorial Affairs'' under the heading ``Department of the
Interior'' in chapter VIII of title I of the Supplemental
Appropriations Act, 1982 (Public Law 97-257; 96 Stat. 840) to
strike the restriction on the use of resettlement fund money
and allow the people of Bikini Atoll to use their Resettlement
Fund outside of the Marshall Islands. The section limits who is
eligible to utilize Fund monies to the Bikini people who live
on Kili and Ejit Islands. The funds are made available for the
relocation and resettlement of these two communities subject to
the Secretary of the Interior submitting to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a
resettlement plan developed in coordination with the Bikini
Atoll leadership. The section limits annual expenditures from
the Resettlement Fund to not more than 90 percent of the
average annual earnings of the Fund for the preceding five
years unless for resettlement purposes outside of the Marshall
Islands.
Section 3. Reliable air service in American Samoa
Section 3 amends section 40109(g) of title 49, United
States Code to allow a foreign air carrier operating between
the American Samoa islands of Tutuila and Manu'a to renew an
emergency air transportation exemption every 180 days. Current
law requires a foreign air carrier to renew an exemption every
30 days.
Section 4. Drivers' licenses and personal identification cards
Section 4 amends sections 201(5) and 202(c)(2)(B) of the
REAL ID Act of 2005 (49 U.S.C. 30301 note; Public Law 109-13)
to clarify that citizens of the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau who have been admitted to the United States as
nonimmigrants pursuant to a Compact of Free Association, are
eligible for driver's licenses or personal identification cards
under the REAL ID Act.
Cost and Budgetary Considerations
The Congressional Budget Estimate of the costs of this
measure has been requested but was not received at the time the
report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2360. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Additional paperwork would be required by the Federal
Government from the enactment of S. 2360. Section 2 would
require additional paperwork because it requires the Secretary
of the Interior to submit a resettlement plan to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives.
Congressionally Directed Spending
S. 2360, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the April 5, 2016, hearing on S. 2360 follows:
Statement of Esther P. Kia'Aina Assistant Secretary for Insular Areas
Department of the Interior
Chairman Murkowski and Members of the Committee on Energy
and Natural Resources, thank you for the opportunity to testify
on S. 2360, the Omnibus Territories Act of 2015, and S. 2610,
legislation to implement the 2010 agreement between the United
States and the Republic of Palau.
s. 2360--omnibus territories bill
The Administration supports S. 2360 with its provisions for
broadening Bikini resettlement options, promoting reliable air
transportation services within American Samoa, and amending the
Real ID Act to ensure drivers' licenses and personal
identification cards remain available for the citizens of the
three freely associated states.
Relocation and resettlement for the people of Bikini
Section 2 of the bill would lift the statutory limitation
on the use of resettlement funds for the people of Bikini.
Eliminating this restriction would allow the people of Bikini
to resettle outside of the Republic of the Marshall Islands,
giving them more relocation options and improving their quality
of life. There is an immediate need for this option given
recent extreme weather events, which have threatened the health
and safety of the people of Bikini.
The United States is committed to ensuring adequate
resettlement opportunities for the people of Bikini. From June
1946 through August 1958, the United States conducted nuclear
weapons testing in the northern islands and atolls of the
Marshall Islands. In advance of the testing, the people of
Bikini Atoll were forced to relocate several times before
finally staying on Ejit Island in Majuro Atoll and Kili Island.
In 1982, Congress, provided funds (Public Law 97-257) for a
relocation and resettlement trust fund that could be used by
the people of Bikini in the Marshall Islands, primarily on Kili
and Ejit Islands.
Bikini Atoll has 23 islands and a lagoon of 243 square
miles, which provided essential sheltered fishing grounds for
the people of Bikini. In contrast, Kili is a single island
sheltering 800 people of Bikini on approximately 0.36 square
miles. Since Kili is not a part of any atoll or sheltering
lagoon, it also does not provide much needed sheltered fishing
grounds to sustain its residents. While Ejit Island is part of
Majuro Atoll, it too provides less than one square mile of
living space for the 300 people who live on Ejit.
The people of Bikini living on both Kili and Ejit Islands
have been suffering from recurrent flooding that covers major
parts of both islands. More frequent storms and King Tides have
resulted in salt water inundation and the destruction of crops.
These developments have raised deep concerns about public
health and safety. For decades, after having been disconnected
from traditional lifestyles on Bikini, the lack of appropriate
space, suitable fishing grounds, and limited crops has
encouraged dependence on imported supplies.
The Administration supports enactment of section 2 of S.
2360.
Reliable air service in American Samoa
Section 3 of the bill would facilitate reliable air service
within American Samoa between the islands of Tutuila and
Manu'a.
Currently, Hawaiian Airlines is the only U.S. airline to
service American Samoa from Hawaii and the U.S. mainland. No
U.S. airlines provide service within American Samoa between the
main island of Tutuila and the islands of Manu'a. That service
currently is being provided by Polynesian Airlines, a company
of the neighboring independent country of Samoa. While
permitting this service on a temporary basis, U.S. law requires
the renewal of the permit every 30 days.
The lack of reliable air service within American Samoa
impedes the development of its full economic potential.
Tourism, an essential economic driver for island communities,
cannot thrive without frequent and regular air service. Social
development and quality of life are negatively affected,
especially essential educational and health care services for
the residents of Manu'a.
Section 3 would allow a foreign air carrier to sustain
service between Tutuila and Manu'a. Such a provision is
necessary because no U.S. airline provides service between
Tutuila and Manu'a. The removal of the requirement for a new
application every 30 days will bring certainty to the route and
allow reservations to be made far in advance of expected
travel, aiding tourism and economic development in American
Samoa, especially Manu'a.
The Administration supports the enactment of section 3 of
S. 2360.
Drivers' licenses and personal identification cards
Section 4 of the bill would amend the Real ID Act of 2005
to improve the availability of drivers' licenses and
identification documents to freely associated state (FAS)
citizens living in the United States as legal migrants. These
FAS individuals are citizens of the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau.
Under the Compacts of Free Association, FAS citizens, who
are otherwise eligible, are admitted without visa to study,
work and reside in the United States and its territories.
Admission at ports of entry in the Pacific, especially Guam and
Hawaii, seldom pose a problem for legal FAS migrants. Once in
the continental United States, however, FAS migrants can
encounter state, local and private authorities who are not
aware of their Compact privileges to study, work and live in
the United States.
As lawful nonimmigrants, FAS citizens admitted under the
Compacts are eligible (if otherwise qualified under state law)
to be issued state driver's licenses compliant with the Real ID
Act of 2005. However, because their admission to the United
States is not for a specific time period, they are subject to a
provision of the REAL ID Act that in many cases limits the
validity period of the driver's license to one year, rather
than the period of up to eight years otherwise authorized by
the REAL ID Act. Although the Department of Homeland Security
has provided guidance to state motor vehicle authorities
advising them that FAS citizens presenting a U.S. Citizenship
and Immigration Services employment authorization document may
be issued a REAL ID-compliant driver's license valid until the
expiration date of the employment authorization document which
may be several years in the future, a more comprehensive
statutory fix to this problem is appropriate.
Section 4 of the bill would provide a special provision for
FAS Compact nonimmigrants exempting them from the provision
otherwise limiting nonimmigrants without evidence of a specific
period of authorized stay to a temporary driver's license valid
only for one year. This provision would reduce unnecessary
burden on FAS citizens in the United States, their employers,
and state agencies alike by allowing them to obtain driver's
licenses on the same basis as other long-term migrants in the
United States.
The Administration supports the enactment of section 4 of
S. 2360.
s. 2610--agreement with palau
S. 2610 would approve the 15-year review agreement under
the Compact of Free Association between the United States and
the Republic of Palau.
As required in the original Compact (Public Law 99-658), a
15-year review was conducted, after which the review agreement
was signed on September 3, 2010, primarily revising the U.S.
economic assistance aspects of the Compact. The review
agreement called for a U.S. appropriation for Palau of $229
million through 2024. Instead, because the agreement has not
yet been brought into force, the United States, through the
U.S. Department of the Interior, has made annual payments,
beginning with fiscal year 2010, of approximately $13.1 million
a year for a total of $92 million in discretionary funds thus
far. S. 2610 would fund the remaining amount of $149 million,
which includes remaining moneys for the U.S. Postal Service.
Just as important as the U.S. economic assistance aspects
of the agreement and this legislation is the commitment of
Palau to the economic, legislative, financial, and management
reforms contained in the 2010 agreement. These reforms would
ensure that Palau continues to take meaningful steps toward
financial accountability and efficiency to increase Palau's
long-term economic stability.
On February 22, 2016, the Secretary of the Interior re-
transmitted draft legislation to Congress, along with the
Departments of State and Defense, to implement the review
agreement.
The relationship between the United States and the Republic
of Palau is grounded in shared history, friendship, and a
strong partnership in national security, especially with
respect to the Asia-Pacific region. In the Battle of Peleliu,
in Palau, more than 1,500 American servicemen lost their lives,
and more than 8,000 were wounded, resulting in one of the
costliest battles in the Pacific in World War II. After the
war, the United States assumed administrative authority over
Palau as part of the Trust Territory of the Pacific Islands and
in 1994 the people of Palau expressed their desire, in
plebiscite, to become a sovereign nation in free association
with the United States under a Compact of Free Association.
The Compact provides U.S. military forces full authority
and responsibility for security and defense matters in and
relating to Palau. Conversely, the United States has the
extraordinary advantage of being able to deny other nations'
military forces access to Palau, an important element of our
Pacific strategy for defense in the Pacific. The Compact has
also helped strengthen democratic principles and economic
stability in Palau, and stabilizing the larger Micronesia
region which includes the U.S. territory of Guam and the
Kwajalein Missile Range in the Marshall Islands.
In addition to the important historical and security
relationship, Palau has consistently demonstrated a commitment
to the U.S.-Palau partnership under the Compact. Palauan
nationals have served in U.S. coalition missions and
participated in U.S. led combat operations. Palauan citizens
volunteer in disproportionately large numbers in the U.S.
military compared to its population. At the United Nations,
Palau has voted with the United States more than 95 percent of
the time.
Approving the agreement with Palau is important to the
national security of the United States, our bilateral
relationship with Palau, and stability in the Western Pacific
Region.
The Administration supports enactment of S. 2610.
additional insular issues
Besides the issues in S. 2360 and S. 2610, I would like to
raise other matters of importance to the insular areas that
have been raised by their leaders.
Compact impact aid
The first issue is the growing number of migrants under the
Compacts of Free Association to U.S. jurisdictions,
particularly Guam and Hawaii, and its financial impacts on
these affected jurisdictions.
As noted earlier, the Compacts of Free Association allows
FAS citizens to live and work in the United States as legal
nonimmigrants. The Compact of Free Association Amendments Act,
Public Law 108-188, included provisions to address the impact
the Compacts are having on U.S. jurisdictions.
The law provides $30 million in mandatory funds annually to
defray costs associated with Compact impact. Congress has also
provided approximately $3 million in discretionary funds for
the last several years to help meet education needs. However,
the Governors of Guam and Hawaii combined have reported
spending well in excess of $200 million each year on services
for FAS citizens, far exceeding the $33 million federal
contribution against costs.
The Governors, as well as other officials from these
jurisdictions, seek additional funds to defray the increasing
financial cost of migration. In addition to funding offsets,
the affected jurisdictions have also advocated policy changes.
In particular, officials propose eliminating restrictions
contained in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. This would reinstate direct
assistance for FAS citizens through Medicaid, Temporary
Assistance for Needy Families, the Supplemental Nutrition
Assistance Program, and other means-tested public assistance
programs.
The Department of the Interior believes the concerns of the
affected jurisdictions deserve attention. The Department
concurs that the current allocation of mandatory and
discretionary funds are insufficient to defray costs and
welcomes revisiting the exclusion of FAS citizens from Federal
public benefits with Congress and other Federal departments.
CNMI only transitional worker visa classification
The second issue I would like to raise is the elimination
of the Commonwealth of the Northern Mariana Islands (CNMI)
CNMI-Only Transitional Worker (CW) visa classification in 2019.
When the CNMI established a political union with the United
States in 1986, the territory retained jurisdiction and control
over immigration and allowed an influx of foreign contract
workers. By the year 2000, 58 percent of the CMNI's population
was born in a foreign country, illustrating the heavy reliance
on foreign contract workers by the CNMI economy.
In 2008, Public Law 110-229, the Consolidated Natural
Resources Act of 2008 (CNRA), extended Federal immigration law
to the CNMI beginning in November of 2009, but provided for a
transition period through December 31, 2014 (with possible
extensions), during which foreign contract workers admitted
under the former CNMI immigration laws would be phased out in
favor of full implementation of the Immigration and Nationality
Act and other Federal immigration laws. As part of the
transition program, the CNRA provided for the CW nonimmigrant
visa classification to provide necessary workers for the CNMI
economy who would not be available under other federal
immigration law.
On June 3, 2014, the U.S. Secretary of Labor exercised the
authority provided to him under the CNRA to extend the CW
program for five years, through December 31, 2019, because of
an ``insufficient number of U.S. workers to meet CNMI
businesses' current needs.'' Following that decision, Congress
extended the entire transition period through that same date of
December 31, 2019, but removed the authority of the U.S.
Secretary of Labor further to extend the CW program beyond that
date.
Despite efforts by the CNMI Governor to increase the
available U.S. workforce in the territory, current estimates
predict that over ten thousand foreign workers will still be
needed to meet the projected demands of the CNMI's tourism and
construction industries. The CNMI economy is just beginning to
recover from the closure of all its garment factories in 2009,
and the viability of the CNMI pension system is dependent on
the construction of several proposed hotels and casinos. The
recovery of the CNMI economy and efforts to train the CNMI
workforce continues to be an issue of utmost importance.
Puerto Rico tax and health legislation
In October 2015, the Administration forwarded a roadmap to
the Congress outlining measures to deal with the economic and
fiscal crisis in Puerto Rico. The plan contained four key
elements, two of which are applicable to the other U.S.
territories.
One element is to strengthen the Medicaid program in Puerto
Rico and stabilize Federal funding so that it does not
contribute to Puerto Rico's fiscal challenges. The plan
specifically notes that Medicaid funding in Puerto Rico is
capped, U.S. citizens in Puerto Rico are offered fewer
benefits, and the federal government contributes less on a per
capita basis in Puerto Rico than in the remainder of the
nation.
Another element recognizes the Earned Income Tax Credit
(EITC) as one of the strongest policy tools for rewarding work
and supporting economic growth. Providing Puerto Rico access to
the EITC would put the territory on equal footing with the 50
states and the District of Columbia. Fully extending the Child
Tax Credit to Puerto Rico would provide another incentive for
workers while supporting growth.
Similar to Puerto Rico, the other four U.S. territories--
Guam, American Samoa, the U.S. Virgin Islands, and the CNMI--
face capped Medicaid funding from the Federal government and a
lower per capita contribution than the 50 states and the
District of Columbia. Recognizing the need to elevate
healthcare services in the territories, the Administration's
fiscal year 2017 budget proposes a path for the territories to
establish Medicaid programs that offer similar benefits and
receive Federal funding contributions like the 50 states.
Extending the EITC and Child Tax Credit to the other four
territories would also promote economic expansion and support
workers in the islands who continue to face challenges in
growing and diversifying their economies.
As the Congress addresses the crisis situation in Puerto
Rico, the Department believes the other territories should be
considered for inclusion in health and tax provisions that may
be extended to Puerto Rico. This would equalize treatment among
the territories and the states as well as take steps to prevent
a crisis, based on unequal treatment, from developing in the
other territories.
I appreciate the opportunity to testify and urge
expeditious approval of S. 2360 and S. 2610.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, S. 2360, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Table of Laws Affected
1. Public Law 97-257--Supplemental Appropriations Act, 1982
2. Title 49 U.S.C. 40109(g)
3. The REAL ID Act of 2005
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SUPPLEMENTAL APPROPRIATIONS ACT, 1982
Public Law 97-257
* * * * * * *
TITLE I
* * * * * * *
CHAPTER VIII
DEPARTMENT OF THE INTERIOR
* * * * * * *
OFFICE OF TERRITORIAL AFFAIRS
* * * * * * *
TRUST TERRITORY OF THE PACIFIC ISLANDS
For an additional amount for ``Trust Territory of the
Pacific Islands'', $24,957,000, to remain available until
expended, of which $1,000,000 shall be available for immediate
payment to the people of Bikini under the terms and conditions
as set forth in a trust agreement or amendment thereto approved
by the Bikini/Kili Council subject only to the disapproval of
the Secretary of the Interior: [Provided, That $19,600,00 shall
be available for the relocation and resettlement of the Bikini
people in the Marshall Islands, principally on Kili and Ejit
Islands:] Provided, That such funds, including funds provided
pursuant to the Department of the Interior and Related Agencies
Appropriations Act, 1989 (Public Law 100-446; 102 Stat. 1774),
shall be available for the relocation and resettlement of the
Bikini people living on Kili and Ejit Islands, on the condition
that the Secretary of the Interior submits to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a
resettlement plan developed in coordination with the Bikini
Atoll leadership: Provided further, That for any fiscal year,
annual expenditures from the Resettlement Fund established by
this section and pursuant to the Department of the Interior and
Related Agencies Appropriations Act, 1989 (Public Law 100-446;
102 Stat. 1774) may not exceed an amount that is greater than
90 percent of the average annual earnings of the Fund for the
preceding 5 years unless for resettlement purposes outside of
the Marshall Islands: Provide further, That such sum shall be
paid to a trustee selected by the Bikini/Kili Council subject
only to the disapproval of the Secretary of the Interior:
* * * * * * *
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UNITED STATES CODE
* * * * * * *
TITLE 49--TRANSPORTATION
* * * * * * *
Subtitle VII--Aviation Programs
PART A--AIR COMMERCE AND SAFETY
Subpart I--General
CHAPTER 401--GENERAL PROVISIONS
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Sec. 40109. Authority to exempt
(g) Emergency Air Transportation by Foreign Air Carriers.--
(1) To the extent that the Secretary decides an
exemption is in the public interest, the Secretary may
exempt by order a foreign air carrier from the
requirements and limitations of this part for not more
than 30 days to allow the foreign air carrier to carry
passengers or cargo in interstate air transportation in
certain markets if the Secretary finds that
(A) because of an emergency created by
unusual circumstances not arising in the normal
course of business, air carriers holding
certificates under section 41102 of this title
cannot accommodate traffic in those markets;
(B) all possible efforts have been made to
accommodate the traffic by using the resources
of the air carriers, including the use of--
(i) foreign aircraft, or sections of
foreign aircraft, under lease or
charter to the air carriers; and
(ii) the air carriers' reservations
systems to the extent practicable;
(C) the exemption is necessary to avoid
unreasonable hardship for the traffic in the
markets that cannot be accommodated by the air
carriers; and
(D) granting the exemption will not result in
an unreasonable advantage to any party in a
labor dispute where the inability to
accommodate traffic in a market is a result of
the dispute.
(2) When the Secretary grants an exemption to a
foreign air carrier under this subsection, the
Secretary shall--
(A) ensure that air transportation that the
foreign air carrier provides under the
exemption is made available on reasonable
terms;
(B) monitor continuously the passenger load
factor of air carriers in the market that hold
certificates under section 41102 of this title;
and
[(C) review the exemption at least every 30
days to ensure that the unusual circumstances
that established the need for the exemption
still exist.]
(C) review the exemption at least every 30
days (or, in the case of exemptions that are
necessary to provide and sustain air
transportation in American Samoa between the
islands of Tutuila and Manu'a, at least every
180 days), to ensure that the unusual
circumstances that established the need for the
exemption still exist.
[(3) The Secretary may renew an exemption (including
renewals) under this subsection for not more than 30
days. An exemption may continue for not more than 5
days after the unusual circumstances that established
the need for the exemption cease.]
(3) Renewal of Exemptions.--
(A) In General.--Except as provided in
subparagraph (B), the Secretary may renew an
exemption (including renewals) under this
subsection for not more than 30 days.
(B) Exception.--An exemption that is
necessary to provide and sustain air
transportation in American Samoa between the
islands of Tutuila and Manu'a, may be renewed
for not more than 180 days.
(4) Continuation of Exemptions.--An exemption may
continue for not more than 5 days after the unusual
circumstances that established the need for the
exemption cease.
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REAL ID ACT OF 2005
Division B of Public Law 109-13
AN ACT Making Emergency Supplemental Appropriations for Defense, the
Global War on Terror, and Tsunami Relief, for the fiscal year ending
September 30, 2005, and for other purposes.
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Division B--REAL ID Act of 2005
SECTION 1. SHORT TITLE.
This division may be cited as the ``REAL ID Act of 2005''.
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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 ``Secretary'' means the Secretary
of Homeland Security.
(5) State.--The ``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.
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(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 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;
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(viii) has approved deferred action
status; [or]
(ix) has a pending application for
adjustment of status to that of 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 onimmigrant pursuant
to a Compact of Free Association
between the United States and the
Republic or Federated States.
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