THE SENATE

S.C.R. NO.

102

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

  
   

SENATE CONCURRENT

RESOLUTION

 

REQUESTING FEDERAL REIMBURSEMENT RESULTING FROM THE IMPACT OF LAWFUL NONIMMIGRANTS FROM THE FEDERATED STATES OF MICroNESIA, THE REPUBLIC OF THE MARSHALL ISLANDS, AND PALAU OVER THE PAST 15 YEARS AND ADEQUATE FINANCIAL ASSISTANCE TO AMELIORATE ANY FURTHER IMPACT.

 

WHEREAS, the Federated States of Micronesia, the Republic of the Marshall Islands, Palau, and the United States entered into Compacts of Free Association in 1986 (Compacts); and

WHEREAS, the Compacts recognize the sovereignty of the three Freely Associated States and governs the relations between the United States and the Freely Associated States; and

WHEREAS, the Compact also provides direct economic assistance, federal services, and military protection to these nations, in exchange for defense rights; and

WHEREAS, the Compact permits residents of the Freely Associated States to enter the United States as nonimmigrants entitled to live and work freely within our borders; and

WHEREAS, certain provisions of the Compact relating to economic assistance expired in 2001 and are currently the subject of negotiations between the Freely Associated States and the United States Department of the Interior, Insular Affairs Office; and

WHEREAS, over 6,000 immigrants from the Freely Associated States have come to Hawaii to seek a better life, better education and work opportunities, and better medical care; and

WHEREAS, as many as 58 percent of those 6,000 immigrants live below federal poverty guidelines; and

WHEREAS, immigrants from the Freely Associated States have strained social welfare services and threaten to overwhelm Hawaii's health care and safety net programs, particularly after the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, that denied federal benefits to most nonresident aliens and permanent residents; and

WHEREAS, from 1986 to 2000, Hawaii has spent over $85,000,000 on health, education, and other social services for citizens of the Freely Associated States; and

WHEREAS, by the State's latest estimate, those uncompensated costs of providing social welfare benefits, health care, and education are continuing at more than $14,000,000 a year, including $10,000,000 for public education; and

WHEREAS, 48 U.S. Code Section 1904 reads:

"(1) In approving the Compact, it is not the intent of the

Congress to cause any adverse consequences for the

United States territories and commonwealths or the

State of Hawaii.

(2) There are hereby authorized to be appropriated for

fiscal years beginning after September 30, 1985, such sums as may be necessary to cover the costs, if any, incurred by the State of Hawaii . . . resulting from any increased demands placed on education and social services by immigrants from the Marshall Islands and the Federated State of Micronesia";

and

WHEREAS, Hawaii has only received $4,000,000 in reimbursements despite the submission of annual impact reports documenting expenses of over $100,000,000; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the House of Representatives concurring, that the United States Congress is requested to appropriate $100,000,000 to reimburse Hawaii for the expenses incurred for education and social services provided to Micronesians and Marshall Islanders who migrated to Hawaii over the past 15 years; and

BE IT FURTHER RESOLVED that the U.S. Congress and the Department of the Interior, Insular Affairs Office, are requested to increase Compact impact assistance funding for Freely Associated States in any new agreement negotiated between the parties; and

BE IT FURTHER RESOLVED that Congress is also requested to amend Public Law 104-193 to include as "qualified aliens" lawful immigrant residents of the Freely Associated States residing within the United States and permit residents of the Freely Associated States, who are otherwise qualified, to receive federally funded public benefits including medical assistance, food stamps, and cash assistance; and

BE IT FURTHER RESOLVED that Congress is requested to explore the possibility of providing added housing assistance and amending Public Law 106-604 to assist the lawful nonimmigrant residents of Freely Associated States by providing eligibility to financial assistance to individuals who would otherwise qualify for benefits; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the United States Secretary of the Interior, the Secretary of Health and Human Services, the Secretary of Education, the President's Advisory Commission on Asian Americans & Pacific Islands in the Department of Human Services, and to members of Hawaii's Congressional Delegation.

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