To amend the Compact of Free Association of 1985 to provide for adequate Compact-impact aid.

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

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'.

END