[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2716 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2716
To amend the Compact of Free Association of 1985 to provide for
adequate Compact-impact aid.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2003
Ms. Bordallo (for herself, Mr. Abercrombie, Mr. Case, and Mr.
Faleomavaega) introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committees on
International Relations, Energy and Commerce, Agriculture, and Armed
Services, 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
_______________________________________________________________________
A BILL
To amend the Compact of Free Association of 1985 to provide for
adequate Compact-impact aid.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Compact-Impact
Reimbursement Act''.
(b) Findings.--Congress finds the following:
(1) 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.
(2) 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.
(3) The General Accounting 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.
(4) 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.
(5) 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.
(c) Purpose.--It is the purpose of this Act to address the unfunded
Federal mandate and adverse financial consequences resulting from the
Compact by meeting the obligations set forth in the Compact.
SEC. 2. ENSURING MANDATORY APPROPRIATIONS AND HEALTH SERVICES
REIMBURSEMENT AS PART OF COMPACT-IMPACT AID.
(a) In General.--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:
``(6) Impact costs.--
``(A) Authorization and continuing
appropriations.--
``(i) In general.--There is hereby
authorized and appropriated to the Secretary of
the Interior, for each fiscal year from 2004
through 2023, $35,000,000 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.
``(ii) Awarding.--The grants under clause
(i) shall be--
``(I) 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
``(II) used only for health,
educational, social, or public safety
services, or infrastructure related to
such services, specifically affected by
qualified nonimmigrants.
``(iii) Enumeration.--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--
``(I) shall be conducted at such
intervals as the Secretary of the
Interior shall determine, but no less
frequently than every five years,
beginning in fiscal year 2004; and
``(II) shall be supervised by the
United States Bureau of the Census or
other organization as the Secretary of
the Interior may select.
``(iv) Allocation.--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 nonimmigrants (as most
recently enumerated under clause (iii)) in the
respective jurisdiction to the total of such
numbers for all the jurisdictions.
``(B) 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)--
``(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;
``(ii) 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
``(iii) 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.
``(C) Qualified nonimmigrant defined.--In this
paragraph, term `qualified nonimmigrant' means a person
admitted to the United States pursuant to--
``(i) section 141 of the Compact of Free
Association set forth in title II; or
``(ii) section 141 of the Compact of Free
Association between the United States and the
Government of Palau.''.
(b) Effective Date.--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 on or after October
1, 2003.
SEC. 3. ENSURING FOOD STAMPS ELIGIBILITY AS PART OF COMPACT-IMPACT AID.
(a) In General.--Section 104(e)(6) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1904(e)(6)), as amended by section
2, is further amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Treatment of certain social impact costs.--
Notwithstanding any other provision of law, with
respect to the food stamp program as defined in section
3(h) of the Food Stamp Act of 1977--
``(i) sections 401(a) and 402(a)(1) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not apply to a
qualified nonimmigrant to the same extent that
such sections 401(a) and 402(a)(1) do not apply
to the individuals described in section
402(a)(2)(G) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 by
reason of such section 402(a)(2)(G); and
``(ii) section 16(e)(1) of the Food Stamp
Act of 1977 shall not apply to a qualified
nonimmigrant.''.
(b) Effective Date.--Section 104(e)(6)(C) of the Compact of Free
Association Act of 1985, as inserted by subsection (a), shall apply on
and after October 1, 2003.
SEC. 4. ENSURING THE CONTROL AND PREVENTION OF COMMUNICABLE DISEASES AS
PART OF COMPACT-IMPACT AID.
Section 105(o) of the Compact of Free Association Act of 1985 (48
U.S.C. 1905(o)) is amended to read as follows:
``(o) Communicable Disease Control Programs.--There are authorized
to be appropriated for grants to the Governments of the Federated
States of Micronesia, the Republic of the Marshall Islands, the
Republic of Palau, Guam, the State of Hawaii, the Commonwealth of the
Northern Mariana Islands, and American Samoa such sums as may be
necessary for purposes of establishing or continuing programs for the
control and prevention of communicable diseases, including (but not
limited to) cholera and Hansen's Disease. The Secretary of the Interior
shall assist the Governments of the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, Guam, the
State of Hawaii, the Commonwealth of the Northern Mariana Islands, and
American Samoa in designing and implementing such programs.''.
SEC. 5. ENSURING AVAILABILITY OF DEPARTMENT OF DEFENSE MEDICAL
FACILITIES AND NATIONAL HEALTH SERVICE CORPS SERVICES AS
PART OF COMPACT-IMPACT AID.
Section 105(k) of the Compact of Free Association Act of 1985 (48
U.S.C. 1905(k)) is amended to read as follows:
``(k) Availability of Defense Medical Facilities and National
Health Service Corps Services.--
``(1) Department of defense facilities.--The Secretary of
Defense shall make available the medical facilities of the
Department of Defense for use by individuals from the Federated
States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau who are properly referred to such
facilities by government authorities responsible for provision
of medical services in the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, Guam,
the State of Hawaii, the Commonwealth of the Northern Mariana
Islands, and American Samoa.
``(2) National health service corps services.--The
Secretary of Health and Human Services shall continue to make
the services of the National Health Service Corps available to
the residents of the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau, to
the same extent and for long as such services are authorized to
be provided to persons residing in any other areas within or
outside the United States.''.
SEC. 6. ENSURING RETIREMENT OF MEDICAL REFERRAL DEBTS AS PART OF
COMPACT-IMPACT AID.
Section 105(d) of the Compact of Free Association Act of 1985 (48
U.S.C. 1905(d)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--In addition to the funds provided in
Title Two, Article II, section 221(b) of the Compact, the
United States shall make available to the Governments of the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau such sums as may be
necessary for the payment of the obligations incurred for the
use of medical facilities in the United States, including any
territories and commonwealths, by individuals from the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau, before October 1, 2003.'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(3) in paragraph (2), as so redesignated, by striking ``or
(2) of this subsection, as the case may be''.
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