[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3320 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3320

    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.


_______________________________________________________________________


                    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

_______________________________________________________________________

                                 A BILL


 
    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compact-Impact Reimbursement Act of 
2011''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) 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 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.
            (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.
    (b) Purpose.--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.

SEC. 3. 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 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.
                            ``(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, specially 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 not less 
                                frequently than once every five years, 
                                beginning in fiscal year 2012; and
                                    ``(II) shall be supervised by the 
                                United States Bureau of the Census or 
                                any other organization that the 
                                Secretary of the Interior selects.
                            ``(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 immigrants (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 during or after 
fiscal year 2012.
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