I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Compact-Impact Reim5 bursement Act of 2011’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) In approving the Compact of Free Associa2 tion it was not the intent of Congress to cause ad3 verse consequences for Guam, American Samoa, the 

4 Commonwealth of the Northern Mariana Islands, or 

5 the State of Hawaii. 

6 (2) Congress declared that if any adverse con7 sequences to Guam, American Samoa, the Common8 wealth of the Northern Mariana Islands, or the 

9 State of Hawaii resulted from implementation of the 

10 Compact of Free Association, Congress would act 

11 sympathetically and expeditiously to redress those 

12 adverse consequences. 

13 (3) The Government Accountability Office has 

14 reported that migration from the Freely Associated 

15 States has had a significant impact on Guam, the 

16 Commonwealth of the Northern Mariana Islands, 

17 and the State of Hawaii. 

18 (4) By placing demands on local governments 

19 for health, educational, and other social services, mi20 gration under the Compact has adversely affected 

21 the budgetary resources of Guam, the Common22 wealth of the Northern Mariana Islands, and the 

23 State of Hawaii. 

24 (5) Insufficient sums have been appropriated to 

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1 wealth of the Northern Mariana Islands, and the 

2 State of Hawaii, resulting from increased demands 

3 placed on health, educational, and other social serv4 ices by individuals from the Federated States of Mi5 cronesia, the Republic of the Marshall Islands, and 

6 the Republic of Palau. 

7 (b) PURPOSE.—It is the purpose of this Act to ad8 dress the unfunded mandate and adverse financial con9 sequences resulting from the Compact by meeting the obli10 gations set forth in the Compact. 

11 SEC. 3. ENSURING MANDATORY APPROPRIATIONS AND 

12 HEALTH SERVICES REIMBURSEMENT AS 

13 PART OF COMPACT-IMPACT AID. 

14 (a) IN GENERAL.—Section 104(e)(6) of the Compact 

15 of Free Association Act of 1985 (48 U.S.C. 1904(e)(6)) 

16 is amended to read as follows: 

17 ‘‘(6) IMPACT COSTS.— 

18 ‘‘(A) AUTHORIZATION AND CONTINUING

19 APPROPRIATIONS.— 

20 ‘‘(i) IN GENERAL.—There is hereby 

21 authorized and appropriated to the Sec22 retary of the Interior, for each fiscal year 

23 from 2012 through 2024, $185,000,000 

24 for grants to Guam, the State of Hawaii, 

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1 iana Islands, and American Samoa to aid 

2 in defraying costs incurred by their govern3 ments as a result of increased demands 

4 placed on health, educational, social, or 

5 public safety services, or infrastructure re6 lated to such services due to the residence 

7 of qualified nonimmigrants. 

8 ‘‘(ii) AWARDING.—The grants under 

9 clause (i) shall be— 

10 ‘‘(I) awarded and administered 

11 by the Department of the Interior, Of12 fice of Insular Affairs, or any suc13 cessor thereto, in accordance with reg14 ulations, policies and procedures ap15 plicable to grants so awarded and ad16 ministered; and 

17 ‘‘(II) used only for health, edu18 cational, social, or public safety serv19 ices, or infrastructure related to such 

20 services, specially affected by qualified 

21 nonimmigrants. 

22 ‘‘(iii) ENUMERATION.—For purposes 

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1 immigrants in Guam, the State of Hawaii, 

2 the Commonwealth of the Northern Mar3 iana Islands, and American Samoa. The 

4 enumerations— 

5 ‘‘(I) shall be conducted at such 

6 intervals as the Secretary of the Inte7 rior shall determine, but not less fre8 quently than once every five years, be9 ginning in fiscal year 2012; and 

10 ‘‘(II) shall be supervised by the 

11 United States Bureau of the Census 

12 or any other organization that the 

13 Secretary of the Interior selects. 

14 ‘‘(iv) ALLOCATION.—The Secretary of 

15 the Interior shall allocate to each of the 

16 governments of Guam, the State of Ha17 waii, the Commonwealth of the Northern 

18 Mariana Islands, and American Samoa, 

19 grants under clause (i) for a fiscal year on 

20 the basis of the ratio of the number of 

21 qualified immigrants (as most recently 

22 enumerated under clause (iii)) in the re23 spective jurisdiction to the total of such 

24 numbers for all the jurisdictions. 


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1 ‘‘(B) TREATMENT OF CERTAIN HEALTH

2 CARE IMPACT COSTS.—Notwithstanding any 

3 other provision of law, for purposes of providing 

4 medical assistance for qualified nonimmigrants 

5 under title XIX of the Social Security Act in 

6 the case of a State or territory referred to in 

7 subparagraph (A)(i)— 

8 ‘‘(i) such individuals shall be treated 

9 in the same manner as an individual de10 scribed in section 402(a)(2)(G) of Public 

11 Law 104–193, as amended; 

12 ‘‘(ii) the Federal medical assistance 

13 percentage shall be the same percentage as 

14 is applied to medical assistance for services 

15 which are received through an Indian 

16 Health Service Facility; and 

17 ‘‘(iii) payments under such title for 

18 medical assistance for such individuals 

19 shall not be taken into account in applying 

20 any limitations under section 1108 of the 

21 Social Security Act. 

22 ‘‘(C) QUALIFIED NONIMMIGRANT DE23 FINED.—In this paragraph, term ‘qualified non24 immigrant’ means a person admitted to the 

25 United States pursuant to— 


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1 ‘‘(i) section 141 of the Compact of 

2 Free Association set forth in title II; or 

3 ‘‘(ii) section 141 of the Compact of 

4 Free Association between the United 

5 States and the Government of Palau.’’. 

6 (b) EFFECTIVE DATE.—Section 104(e)(6)(B) of the 

7 Compact of Free Association Act of 1985, as amended by 

8 subsection (a), shall apply to medical assistance for items 

9 and services furnished during or after fiscal year 2012. 

Æ 


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