Proposed Legislation Would Restore Federal Benefits to FAS Citizens in US
Two U.S. House Representatives from Hawaii have endorsed legislation to reinstate certain Federal benefits to citizens of the Freely Associated States, citing the State's "increasingly costly burden" of providing health and social services to Compact migrants. Citizens from the FAS are from the Republic of the Marshall Islands (RMI), Federated States of Micronesia (FSM), and the Republic of Palau.
On Thursday, Congresswomen Mazie Hirono, with colleague Congressman Neil Abercrombie, introduced a bill to provide eligibility for non-emergency Medicaid, Food Stamps, Temporary Assistance to Needy Families, TANF, and Supplemental Security Income, SSI, to FAS citizens residing in the United States. The bill is a companion measure to S. 1676 sponsored last June by Hawaii Senators Daniel Akaka and Daniel Inouye.
According to Hawaii Governor Linda Lingle, the State of Hawaii spent an estimated $91 million in 2006 to provide health and social services to FAS migrants which is almost double the cost of $48 million reported for 2003, the last year figures were compiled.
"No State can expect its taxpayers to bear such an increasingly costly burden for an agreement that is in the interest of our entire Nation. The Federal Government should do more to help address the unintended social services consequences of the Compact," said Rep. Hirono.
Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, she said, face the same challenges in the provision of health and social services to FAS citizens as the State of Hawaii.
During the introduction of the legislation on October 25, Hirono pointed to the unique political relationship between Freely Associated States and the United States.
- The Compact of Free Association established these nations as sovereign States responsible for their own foreign policies. However, the FAS remain dependent upon the United States for military protection and economic assistance.
- Under the Compact, the United States has the right to reject the strategic use of, or military access to, the FAS by other countries. This right is often referred to as the ``right of strategic denial.'' In addition, the U.S. may block FAS Government policies that it deems inconsistent with its duty to defend the FAS, which is referred to as the ``defense veto.'' The Compact also states that the United States has exclusive military base rights in the FAS.
- In exchange for these prerogatives, the U.S. is required to support the FAS economically, with the goal of producing self-sufficiency, and FAS citizens are allowed free entry into the United States as non-immigrants for the purposes of education, medical treatment, and employment. Because of this ability to travel within the United States as a non-immigrant, many FAS citizens have since migrated to the State of Hawaii.
BACKGROUND
The House and Senate legislation seeks to amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) to extend to citizens of the Freely Associated States (Republic of the Marshall Islands, Federated States of Micronesia, and Palau) eligibility for non-emergency Medicaid, food stamps, supplemental security income, and temporary assistance for needy families.
FAS citizens were previously eligible for Medicaid as aliens permanently residing under color of law (PRUCOL) in the United States.
PRUCOL immigrants were considered “Qualified Aliens” which made them eligible for public benefits. The PRWORA immigration provisions changed the status of the PRUCOL immigrants from “Qualified Aliens” to “Not Qualified Alien” status (as defined in Section 431 of Public Law 104-193) thereby making FAS migrants ineligible for any public benefits covered by PRWORA unless a specific exception applies.
Hawaii, Guam, and CNMI have been lobbying for reversal in the 1996 law in addition to increased Compact Impact funding distributed under the new Compact of 2003. The State of Arkansas, which is home to the largest concentration of Marshallese outside of the Marshall Islands, is also seeking ways to fund assistance to the over 6,000 migrants there.
Legislation to reinstate the benefits has been proposed several times over the past years, but has never made it to the House or Senate floors.
The current Senate bill has been read twice and referred to the Committee on Finance with no further action taken.
- Aenet Rowa, Yokwe Online, October 26, 2007
SENATE BILL 1676
A bill to extend eligibility for certain Federal benefits to citizens of the Freely Associated States
110th Congress, 1st Session, S. 1676 June 21, 2007
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. EXCEPTION FOR CITIZENS OF FREELY ASSOCIATED STATES.
(a) In General- Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the following:
`(M) EXCEPTION FOR CITIZENS OF FREELY ASSOCIATED STATES- With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to any individual who lawfully resides in the United States (including territories and possessions of the United States) in accordance with--
`(i) section 141 of the Compact of Free Association between the Government of the United States and the Government of the Federated States of Micronesia, approved by Congress in the Compact of Free Association Amendments Act of 2003;
`(ii) section 141 of the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands, approved by Congress in the Compact of Free Association Amendments Act of 2003; or
`(iii) section 141 of the Compact of Free Association between the Government of the United States and the Government of Palau, approved by Congress in Public Law 99-658 (100 Stat. 3672).'.
(b) Medicaid and TANF Exceptions- Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end the following:
`(G) MEDICAID AND TANF EXCEPTIONS FOR CITIZENS OF FREELY ASSOCIATED STATES- With respect to eligibility for benefits for the programs defined in subparagraphs (A) and (C) of paragraph (3) (relating to temporary assistance for needy families and medicaid), paragraph (1) shall not apply to any individual who lawfully resides in the United States (including territories and possessions of the United States) in accordance with a Compact of Free Association referred to in subsection (a)(2)(M).'.
(c) Qualified Alien- Section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(1) in paragraph (6), by striking `or' at the end;
(2) in paragraph (7), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(8) an individual who lawfully resides in the United States (including territories and possessions of the United States) in accordance with a Compact of Free Association referred to in section 402(a)(2)(M).'.
(d) Conforming Amendments- Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended--
(1) in subsection (f), in the matter preceding paragraph (1), by striking `subsection (g)' and inserting `subsections (g) and (h)'; and
(2) by adding at the end the following:
`(h) The limitations of subsections (f) and (g) shall not apply with respect to medical assistance provided to an individual described in section 431(b)(8) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.'.
(e) Effective Date- The amendments made by this Act take effect on the date of enactment of this Act and apply to benefits and assistance provided on or after that date.
