S. 1676Senate110th Congress (2007-2009)In Committee

A bill to extend eligibility for certain Federal benefits to citizens of the Freely Associated States.

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

Finance Committee

June 21, 2007

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SenateIntro Referral

Introduced in Senate

June 21, 2007

SenateIntro Referral

Read twice and referred to the Committee on Finance.

Finance Committee

June 21, 2007

Floor Debate

1 member

What members said about S. 1676 on the floor

1 Democrat

Rep. Mazie K. HironoD-HI-2 · Oct 25, 2007

Madam Speaker, I rise today to join my colleague, Mr. Abercrombie, in introducing a bill to reinstate certain Federal benefits to citizens of the Freely Associated States, FAS. This bill is a…

Madam Speaker, I rise today to join my colleague, Mr. Abercrombie, in introducing a bill to reinstate certain Federal benefits to citizens of the Freely Associated States, FAS.

This bill is a companion measure to S. 1676, introduced earlier this year by Senators Akaka and Inouye, which provides eligibility for non- emergency Medicaid, Food Stamps, Temporary Assistance to Needy Families, TANF, and Supplemental Security Income, SSI, to FAS citizens residing in the United States.

Citizens from the FAS are from the Republic of the Marshall Islands RMI, Federated States of Micronesia, FSM, and the Republic of Palau, which are jurisdictions that have a unique political relationship with the United States. The Compact of Free Association established these nations as sovereign States responsible for their own foreign policies. However, the FAS remain dependent upon the United States for military protection and economic assistance.

Under the Compact, the United States has the right to reject the strategic use of, or military access to, the FAS by other countries. This right is often referred to as the ``right of strategic denial.'' In addition, the U.S. may block FAS Government policies that it deems inconsistent with its duty to defend the FAS, which is referred to as the ``defense veto.'' The Compact also states that the United States has exclusive military base rights in the FAS.

In exchange for these prerogatives, the U.S. is required to support the FAS economically, with the goal of producing self-sufficiency, and FAS citizens are allowed free entry into the United States as non- immigrants for the purposes of education, medical treatment, and employment. Because of this ability to travel within the United States as a non-immigrant, many FAS citizens have since migrated to the State of Hawaii.

According to Governor Linda Lingle, in 2006 the State of Hawaii spent an estimated $91 million in State funds to provide health and social services to migrants from the FAS. This amount is almost double the cost of $48 million reported to the U.S. Department of the Interior by the State of Hawaii for health and social services provided to Compact migrants in 2003, which was the last year such figures were compiled. Clearly, the cost to the state is growing and will continue to grow.

No State can expect its taxpayers to bear such an increasingly costly burden for an agreement that is in the interest of our entire Nation. The Federal Government should do more to help address the unintended social services consequences of the Compact.

I know that Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands face the same challenges in the provision of health and social services to FAS citizens as the State of Hawaii. I look forward to working with my colleagues on this important issue.

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Introduced in SenateIssued June 21, 2007

110th CONGRESS

1st Session

S. 1676

IN THE SENATE OF THE UNITED STATES

June 21, 2007

Mr. Akaka (for himself and Mr. Inouye) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To extend eligibility for certain Federal benefits to citizens of the Freely Associated States.

Exception for citizens of Freely Associated States

(a)

In general

Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the following:

(M)

Exception for citizens of Freely Associated States

With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to any individual who lawfully resides in the United States (including territories and possessions of the United States) in accordance with—

(i)

section 141 of the Compact of Free Association between the Government of the United States and the Government of the Federated States of Micronesia, approved by Congress in the Compact of Free Association Amendments Act of 2003;

(ii)

section 141 of the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands, approved by Congress in the Compact of Free Association Amendments Act of 2003; or

(iii)

section 141 of the Compact of Free Association between the Government of the United States and the Government of Palau, approved by Congress in Public Law 99–658 (100 Stat. 3672).

(b)

Medicaid and TANF exceptions

Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end the following:

(G)

Medicaid and tanf exceptions for citizens of Freely Associated States

With respect to eligibility for benefits for the programs defined in subparagraphs (A) and (C) of paragraph (3) (relating to temporary assistance for needy families and medicaid), paragraph (1) shall not apply to any individual who lawfully resides in the United States (including territories and possessions of the United States) in accordance with a Compact of Free Association referred to in subsection (a)(2)(M).

(c)

Qualified alien

Section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended—

(1)

in paragraph (6), by striking or at the end;

(2)

in paragraph (7), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following:

(8)

an individual who lawfully resides in the United States (including territories and possessions of the United States) in accordance with a Compact of Free Association referred to in section 402(a)(2)(M).

(d)

Conforming Amendments

Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended—

(1)

in subsection (f), in the matter preceding paragraph (1), by striking subsection (g) and inserting subsections (g) and (h); and

(2)

by adding at the end the following:

(h)

The limitations of subsections (f) and (g) shall not apply with respect to medical assistance provided to an individual described in section 431(b)(8) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

(e)

Effective Date

The amendments made by this Act take effect on the date of enactment of this Act and apply to benefits and assistance provided on or after that date.