[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''.
                                 <all>