HOUSE OF REPRESENTATIVES

H.C.R. NO.

62

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE OFFICE OF THE GOVERNOR TO DETERMINE THE IMPACT OF THE COMPACT OF FREE ASSOCIATION ON THE STATE OF HAWAII, AND REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO INTRODUCE LEGISLATION IN CONGRESS CALLING FOR FURTHER REVIEW OF THE MIGRATION ISSUE AND FOR INCREASED AID FOR THE EDUCATIONAL AND SOCIAL IMPACT OF THE COMPACT, AND ANY NEWLY RENEGOTIATED COMPACT, ON THE STATE OF HAWAII.

 

 

WHEREAS, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau (Belau), formerly part of the Trust Territory of the Pacific Islands under the United Nations Charter, entered into an agreement with the government of the United States known as the Compact of Free Association (Compact); and

WHEREAS, the Compact was entered into with these countries in part to terminate the trusteeship, recognize their independence, provide them with critical economic development aid, and allow their people to immigrate freely to the United States; and

WHEREAS, the Compact as applicable to the Republic of the Marshall Islands and Federated States of Micronesia, comprising Title II of Public Law 99-239, became effective on October 21, 1986 with respect to the Republic of the Marshall Islands and on November 3, 1986 with respect to the Federated States of Micronesia, while the Compact as applicable to the Republic of Palau, comprising Title II of Public Law 99-658, became effective on October 1, 1994; and

WHEREAS, Public Law 99-239, Title I, section 104(e)(1), regarding the interpretation of and United States policy regarding the Compact, states that in approving the Compact, "it is not the intent of the Congress to cause any adverse consequences for ... the State of Hawaii"; and

WHEREAS, section 104(e)(4) of that law provides that "if any adverse consequences to ... the State of Hawaii result from implementation of the Compact of Free Association, the Congress will act sympathetically and expeditiously to redress those adverse consequences"; and

WHEREAS, section 104(e)(5) of that law appropriated funds beginning after September 30, 1985, to cover the costs, if any, incurred by Hawaii "resulting from any increased demands placed on educational and social services by immigrants from the Marshall Islands and the Federated States of Micronesia"; and

WHEREAS, the interpretation of and United States policy regarding the Compact as set forth in section 104 of Public Law 99-239, with respect to the Federated States of Micronesia and Republic of the Marshall Islands, also applies to the Republic of Palau pursuant to Public Law 99-658, Title I, section 102(a), thereby making the State of Hawaii eligible for additional funds resulting from increased demands placed on the educational and social services of the State of Hawaii by immigrants from the Republic of Palau; and

WHEREAS, section 104(e)(2) of Public Law 99-239 requires the President of the United States to report annually to the Congress on the impact of the Compact on the State of Hawaii, identifying any adverse consequences resulting from the Compact and making recommendations for corrective action, focusing on such areas as trade, taxation, immigration, labor, and environmental regulations; and

WHEREAS, section 104(e)(3) of that law further provides that in preparing these reports to Congress, the President shall request the views of the government of the State of Hawaii and transmit the full text of those views to Congress as part of those reports; and

WHEREAS, despite the usefulness of preparing such a report to the President regarding the impact of the Compact on the State, the State of Hawaii has apparently not prepared a written report attesting to Hawaii's eligibility for additional impact funds; and

WHEREAS, other jurisdictions such as the Territory of Guam have prepared reports regarding their eligibility for additional funds based on increased demands placed on educational and social services by immigrants; and

WHEREAS, for example, the Territory of Guam's report on this subject is entitled "Pacific Immigration Impact: Effects of P.L. 99-239 on the Island of Guam, FY 1989 to FY 1994", produced by the Office of the Governor of Guam in May, 1995; and

WHEREAS, Guam's 1995 report, which focused on the effects of the Compact on Guam from the 1989 through 1994 fiscal years, noted that the government of the Federated States of Micronesia estimated a negative net migration of approximately two thousand persons each year out of the Federated States of Micronesia since the enactment of the Compact, most of whom are believed to travel to Hawaii, Guam, Saipan, and the United States mainland; and

WHEREAS, Guam's report further stated that more than thirty thousand citizens of the freely associated states have arrived through Guam's airport stating their intention to reside on Guam, and another sixty-five thousand have entered as visitors; the government has estimated the habitual resident population to have increased by one thousand persons per year since 1986, reaching an estimated eight thousand immigrants and their children by the end of 1994; and

WHEREAS, the government of Guam found that the costs incurred for providing educational and social services to the citizens of the freely associated states to be $68,400,000 for fiscal years 1989 through 1994; and

WHEREAS, many residents of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau are similarly attracted to the State of Hawaii due to the State's increased employment and educational opportunities, as well as similar Pacific Island culture and lifestyle; and

WHEREAS, payments from the United States to the Republic of the Marshall Islands and the Federated States of Micronesia under the Compact of Free Association will end on October 1, 2003, and Compact re-negotiation talks have been continuing; and

WHEREAS, although the Compacts with the Republic of the Marshall Islands and the Federated States of Micronesia will most likely continue to provide islanders with visa-free entry to the United States, the United States Congress should review the migration issue and increase the amount of aid available for the Compact's educational and social impact on Hawaii; and

WHEREAS, there is an immediate need for the Office of the Governor to prepare a report documenting the influx of immigrants from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to determine the eligibility of the State for federal funds; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, the Senate concurring, that the Governor is requested to determine the impact of the Compact of Free Association on the State of Hawaii; and

BE IT FURTHER RESOLVED that the Governor is requested to include in the report, documentation of Hawaii's eligibility for additional impact funds resulting from increased demands placed on educational and social services in the State by immigrants from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and

BE IT FURTHER RESOLVED that the Governor is requested to work in cooperation with appropriate representatives of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, as well as all other federal, state, and private agencies, organizations, and individuals as may be necessary in the preparation of the Governor's report, as well as to ensure that the impact of any newly adopted Compact adequately addresses the impact of Micronesians on Hawaii's educational and social services; and

BE IT FURTHER RESOLVED that the Governor is requested to submit written findings and recommendations to:

(1) The Legislature one hundred and twenty days after the adoption of the Resolution;

(2) The President of the United States pursuant to section 104(e)(3) of Public Law 99-239; and

(3) The Secretary of the Interior of the United States pursuant to section 104(e)(3) of Public Law 99-239 and Executive Order 12569 at the earliest possible date;

and

BE IT FURTHER RESOLVED that Hawaii's congressional delegation is requested to introduce legislation in the United States Congress calling for further review of the migration issue and for increased aid for the educational and social impact of the Compact of Free Association, and any newly renegotiated Compact, on the State of Hawaii; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; the members of Hawaii's congressional delegation; and the Presidents of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, and their respective Honolulu Offices.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Compact of Free Association; Micronesian Students; Federal Funds