H. R. 3320
IN THE HOUSE OF REPRESENTATIVES
November 2, 2011
Ms. Hanabusa (for herself, Ms. Bordallo, and Ms. Hirono) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend the Compact of Free Association of 1985 to provide for adequate Compact-impact aid to affected States and territories, and for other purposes.
This Act may be cited as the
Compact-Impact Reimbursement Act of
Findings and purpose
Congress finds the following:
In approving the Compact of Free Association it was not the intent of Congress to cause adverse consequences for Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii.
Congress declared that if any adverse consequences to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii resulted from implementation of the Compact of Free Association, Congress would act sympathetically and expeditiously to redress those adverse consequences.
The Government Accountability Office has reported that migration from the Freely Associated States has had a significant impact on Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii.
By placing demands on local governments for health, educational, and other social services, migration under the Compact has adversely affected the budgetary resources of Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii.
Insufficient sums have been appropriated to cover the costs incurred by Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii, resulting from increased demands placed on health, educational, and other social services by individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
It is the purpose of this Act to address the unfunded mandate and adverse financial consequences resulting from the Compact by meeting the obligations set forth in the Compact.
Ensuring mandatory appropriations and health services reimbursement as part of compact-impact aid
Section 104(e)(6) of the Compact of Free Association Act of 1985 (48 U.S.C. 1904(e)(6)) is amended to read as follows:
Authorization and continuing appropriations
There is hereby authorized and appropriated to the Secretary of the Interior, for each fiscal year from 2012 through 2024, $185,000,000 for grants to Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa to aid in defraying costs incurred by their governments as a result of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services due to the residence of qualified nonimmigrants.
The grants under clause (i) shall be—
awarded and administered by the Department of the Interior, Office of Insular Affairs, or any successor thereto, in accordance with regulations, policies and procedures applicable to grants so awarded and administered; and
used only for health, educational, social, or public safety services, or infrastructure related to such services, specially affected by qualified nonimmigrants.
For purposes of carrying out this subparagraph, the Secretary of the Interior shall provide for periodic enumerations of qualified nonimmigrants in Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa. The enumerations—
shall be conducted at such intervals as the Secretary of the Interior shall determine, but not less frequently than once every five years, beginning in fiscal year 2012; and
shall be supervised by the United States Bureau of the Census or any other organization that the Secretary of the Interior selects.
The Secretary of the Interior shall allocate to each of the governments of Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa, grants under clause (i) for a fiscal year on the basis of the ratio of the number of qualified immigrants (as most recently enumerated under clause (iii)) in the respective jurisdiction to the total of such numbers for all the jurisdictions.
Treatment of certain health care impact costs
Notwithstanding any other provision of law, for purposes of providing medical assistance for qualified nonimmigrants under title XIX of the Social Security Act in the case of a State or territory referred to in subparagraph (A)(i)—
such individuals shall be treated in the same manner as an individual described in section 402(a)(2)(G) of Public Law 104–193, as amended;
the Federal medical assistance percentage shall be the same percentage as is applied to medical assistance for services which are received through an Indian Health Service Facility; and
payments under such title for medical assistance for such individuals shall not be taken into account in applying any limitations under section 1108 of the Social Security Act.
Qualified nonimmigrant defined
In this paragraph, term qualified nonimmigrant means a person admitted to the United States pursuant to—
section 141 of the Compact of Free Association set forth in title II; or
section 141 of the Compact of Free Association between the United States and the Government of Palau.
Section 104(e)(6)(B) of the Compact of Free Association Act of 1985, as amended by subsection (a), shall apply to medical assistance for items and services furnished during or after fiscal year 2012.