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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Compact of Free Association of 1985 to pro-
vide for adequate Compact-impact aid to affected States 
and territories, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Compact-Impact Reim-
bursement Act of 2011’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
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(1) In approving the Compact of Free Associa-
tion it was not the intent of Congress to cause ad-
verse consequences for Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, or 
the State of Hawaii. 
(2) Congress declared that if any adverse con-
sequences to Guam, American Samoa, the Common-
wealth 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, mi-
gration under the Compact has adversely affected 
the budgetary resources of Guam, the Common-
wealth of the Northern Mariana Islands, and the 
State of Hawaii. 
(5) Insufficient sums have been appropriated to 
cover the costs incurred by Guam, the Common-
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wealth of the Northern Mariana Islands, and the 
State of Hawaii, resulting from increased demands 
placed on health, educational, and other social serv-
ices by individuals from the Federated States of Mi-
cronesia, the Republic of the Marshall Islands, and 
the Republic of Palau. 
(b) PURPOSE.—It is the purpose of this Act to ad-
dress the unfunded mandate and adverse financial con-
sequences resulting from the Compact by meeting the obli-
gations 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 Sec-
retary 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 Mar-
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iana Islands, and American Samoa to aid 
in defraying costs incurred by their govern-
ments as a result of increased demands 
placed on health, educational, social, or 
public safety services, or infrastructure re-
lated 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, Of-
fice of Insular Affairs, or any suc-
cessor thereto, in accordance with reg-
ulations, policies and procedures ap-
plicable to grants so awarded and ad-
ministered; and 
‘‘(II) used only for health, edu-
cational, social, or public safety serv-
ices, or infrastructure related to such 
services, specially affected by qualified 
nonimmigrants. 
‘‘(iii) ENUMERATION.—For purposes 
of carrying out this subparagraph, the Sec-
retary of the Interior shall provide for peri-
odic 
enumerations 
of 
qualified 
non-
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immigrants in Guam, the State of Hawaii, 
the Commonwealth of the Northern Mar-
iana Islands, and American Samoa. The 
enumerations— 
‘‘(I) shall be conducted at such 
intervals as the Secretary of the Inte-
rior shall determine, but not less fre-
quently than once every five years, be-
ginning 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 Ha-
waii, 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 re-
spective jurisdiction to the total of such 
numbers for all the jurisdictions. 
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‘‘(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 de-
scribed 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
DE-
FINED.—In this paragraph, term ‘qualified non-
immigrant’ means a person admitted to the 
United States pursuant to— 
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‘‘(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. 
Æ 
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