[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1830 Engrossed in Senate (ES)]
109th CONGRESS
2d Session
S. 1830
_______________________________________________________________________
AN ACT
To amend the Compact of Free Association Amendments Act of 2003, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compacts of Free Association
Amendments Act of 2005''.
SEC. 2. APPROVAL OF AGREEMENTS.
Section 101 of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921) is amended--
(1) in the first sentence of subsection (a), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the Government
of the Federated States of Micronesia, as amended under the
Agreement to Amend Article X that was signed by those 2
Governments on June 30, 2004, which shall serve as the
authority to implement the provisions thereof''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the Government
of the Republic of the Marshall Islands, as amended under the
Agreement to Amend Article X that was signed by those 2
Governments on June 18, 2004, which shall serve as the
authority to implement the provisions thereof''.
SEC. 3. CONFORMING AMENDMENT.
Section 105(f)(1) of the Compact of Free Association Amendments Act
of 2003 (48 U.S.C. 1921d(f)(1)) is amended by striking subparagraph (A)
and inserting the following:
``(A) Emergency and disaster assistance.--
``(i) In general.--Subject to clause (ii),
section 221(a)(6) of the U.S.-FSM Compact and
section 221(a)(5) of the U.S.-RMI Compact shall
each be construed and applied in accordance
with the 2 Agreements to Amend Article X of the
Federal Programs and Service Agreements signed
on June 30, 2004, and on June 18, 2004,
respectively.
``(ii) Definition of will provide
funding.--In the second sentence of paragraph
12 of each of the Agreements described in
clause (i), the term `will provide funding'
means will provide funding through a transfer
of funds using Standard Form 1151 or a similar
document or through an interagency,
reimbursable agreement.''.
SEC. 4. CLARIFICATIONS REGARDING PALAU.
Section 105(f)(1)(B) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended--
(1) in clause (ii)(II), by striking ``and its territories''
and inserting ``, its territories, and the Republic of Palau'';
(2) in clause (iii)(II), by striking ``, or the Republic of
the Marshall Islands'' and inserting ``, the Republic of the
Marshall Islands, or the Republic of Palau''; and
(3) in clause (ix)--
(A) by striking ``Republic'' both places it appears
and inserting ``government, institutions, and people'';
(B) by striking ``2007'' and inserting ``2009'';
and
(C) by striking ``was'' and inserting ``were''.
SEC. 5. AVAILABILITY OF LEGAL SERVICES.
Section 105(f)(1)(C) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended by inserting before
the period at the end the following: ``, which shall also continue to
be available to the citizens of the Federated States of Micronesia, the
Republic of Palau, and the Republic of the Marshall Islands who legally
reside in the United States (including territories and possessions)''.
SEC. 6. TECHNICAL AMENDMENTS.
(a) Title I.--
(1) Section 177 agreement.--Section 103(c)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(c)(1)) is amended by striking ``section 177'' and
inserting ``Section 177''.
(2) Interpretation and united states policy.--Section 104
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921c) is amended--
(A) in subsection (b)(1), by inserting ``the''
before ``U.S.-RMI Compact,'';
(B) in subsection (e)--
(i) in the matter preceding subparagraph
(A) of paragraph (8) , by striking ``to
include'' and inserting ``and include'';
(ii) in paragraph (9)(A), by inserting a
comma after ``may''; and
(iii) in paragraph (10), by striking
``related to service'' and inserting ``related
to such services''; and
(C) in the first sentence of subsection (j), by
inserting ``the'' before ``Interior''.
(3) Supplemental provisions.--Section 105(b)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(b)(1)) is amended by striking ``Trust Fund'' and
inserting ``Trust Funds''.
(b) Title II.--
(1) U.S.-FSM compact.--The Compact of Free Association, as
amended, between the Government of the United States of America
and the Government of the Federated States of Micronesia (as
provided in section 201(a) of the Compact of Free Association
Amendments Act of 2003 (117 Stat. 2757)) is amended--
(A) in section 174--
(i) in subsection (a), by striking
``courts'' and inserting ``court''; and
(ii) in subsection (b)(2), by striking
``the'' before ``November'';
(B) in section 177(a), by striking ``, or Palau''
and inserting ``(or Palau)'';
(C) in section 179(b), strike ``amended Compact''
and inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection
(a), by striking ``Compact, as Amended, of Free
Association'' and inserting ``Compact of Free
Association, as amended'';
(ii) in the fifth sentence of subsection
(a), by striking ``Trust Fund Agreement,'' and
inserting ``Agreement Between the Government of
the United States of America and the Government
of the Federated States of Micronesia
Implementing Section 215 and Section 216 of the
Compact, as Amended, Regarding a Trust Fund
(Trust Fund Agreement),'';
(iii) in subsection (b)--
(I) in the first sentence, by
striking ``Government of the'' before
``Federated''; and
(II) in the second sentence, by
striking ``Sections 321 and 323 of the
Compact of Free Association, as
Amended'' and inserting ``Sections
211(b), 321, and 323 of the Compact of
Free Association, as amended,''; and
(iv) in the last sentence of subsection
(d), by inserting before the period at the end
the following: ``and the Federal Programs and
Services Agreement referred to in section
231'';
(E) in the first sentence of section 215(b), by
striking ``subsection(a)'' and inserting ``subsection
(a)'';
(F) in section 221--
(i) in subsection (a)(6), by inserting
``(Federal Emergency Management Agency)'' after
``Homeland Security''; and
(ii) in the first sentence of subsection
(c), by striking ``agreements'' and inserting
``agreement'';
(G) in the second sentence of section 222, by
inserting ``in'' after ``referred to'';
(H) in the second sentence of section 232, by
striking ``sections 102 (c)'' and all that follows
through ``January 14, 1986)'' and inserting ``section
102(b) of Public Law 108-188, 117 Stat. 2726, December
17, 2003'';
(I) in the second sentence of section 252, by
inserting ``, as amended,'' after ``Compact'';
(J) in the first sentence of the first undesignated
paragraph of section 341, by striking ``Section 141''
and inserting ``section 141'';
(K) in section 342--
(i) in subsection (a), by striking ``14
U.S.C. 195'' and inserting ``section 195 of
title 14, United States Code''; and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C.
1295(b)(6)'' and inserting ``section
1303(b)(6) of the Merchant Marine Act,
1936 (46 U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C.
1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';
(L) in the third sentence of section 354(a), by
striking ``section 442 and 452'' and inserting
``sections 442 and 452'';
(M) in section 461(h), by striking
``Telecommunications'' and inserting
``Telecommunication'';
(N) in section 462(b)(4), by striking ``of Free
Association'' the second place it appears; and
(O) in section 463(b), by striking ``Articles IV''
and inserting ``Article IV''.
(2) U.S.-RMI compact.--The Compact of Free Association, as
amended, between the Government of the United States of America
and the Government of the Republic of the Marshall Islands (as
provided in section 201(b) of the Compact of Free Association
Amendments Act of 2003 (117 Stat. 2795)) is amended--
(A) in section 174(a), by striking ``court'' and
inserting ``courts'';
(B) in section 177(a), by striking the comma before
``(or Palau)'';
(C) in section 179(b), by striking ``amended
Compact,'' and inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection
(a), by striking ``Compact, as Amended, of Free
Association'' and inserting ``Compact of Free
Association, as amended``;
(ii) in the first sentence of subsection
(b), by striking ``Agreement between the
Government of the United States and the
Government of the Republic of the Marshall
Islands Regarding Miliary Use and Operating
Rights'' and inserting ``Agreement Regarding
the Military Use and Operating Rights of the
Government of the United States in the Republic
of the Marshall Islands concluded Pursuant to
Sections 321 and 323 of the Compact of Free
Association, as Amended (Agreement between the
Government of the United States and the
Government of the Republic of the Marshall
Islands Regarding Military Use and Operating
Rights)''; and
(iii) in the last sentence of subsection
(e), by inserting before the period at the end
the following: ``and the Federal Programs and
Services Agreement referred to in section
231'';
(E) in section 221(a)--
(i) in the matter preceding paragraph (1),
by striking ``Section 231'' and inserting
``section 231''; and
(ii) in paragraph (5), by inserting
``(Federal Emergency Management Agency)'' after
``Homeland Security'';
(F) in the second sentence of section 232, by
striking ``sections 103(m)'' and all that follows
through ``(January 14, 1986)'' and inserting ``section
103(k) of Public Law 108-188, 117 Stat. 2734, December
17, 2003'';
(G) in the first sentence of section 341, by
striking ``Section 141'' and inserting ``section 141'';
(H) in section 342--
(i) in subsection (a), by striking ``14
U.S.C. 195'' and inserting ``section 195 of
title 14, United States Code''; and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C.
1295(b)(6)'' and inserting ``section
1303(b)(6) of the Merchant Marine Act,
1936 (46 U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C.
1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';
(I) in the third sentence of section 354(a), by
striking ``section 442 and 452'' and inserting
``sections 442 and 452'';
(J) in the first sentence of section 443, by
inserting ``, as amended.'' after ``the Compact'';
(K) in the matter preceding paragraph (1) of
section 461(h)--
(i) by striking ``1978'' and inserting
``1998''; and
(ii) by striking ``Telecommunications'' and
inserting ``Telecommunication Union''; and
(L) in section 463(b), by striking ``Article'' and
inserting ``Articles''.
SEC. 7. TRANSMISSION OF VIDEOTAPE PROGRAMMING.
Section 111(e)(2) of title 17, United States Code, is amended by
striking ``or the Trust Territory of the Pacific Islands'' and
inserting ``the Federated States of Micronesia, the Republic of Palau,
or the Republic of the Marshall Islands''.
SEC. 8. PALAU ROAD MAINTENANCE.
The Government of the Republic of Palau may deposit the payment
otherwise payable to the Government of the United States under section
111 of Public Law 101-219 (48 U.S.C. 1960) into a trust fund if--
(1) the earnings of the trust fund are expended solely for
maintenance of the road system constructed pursuant to section
212 of the Compact of Free Association between the Government
of the United States of America and the Government of Palau (48
U.S.C. 1931 note); and
(2) the trust fund is established and operated pursuant to
an agreement entered into between the Government of the United
States and the Government of the Republic of Palau.
SEC. 9. CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS.
In the U.S.-RMI Compact, the U.S.-FSM Compact, and their respective
trust fund subsidiary agreements, for the purposes of taxation by the
United States or its subsidiary jurisdictions, the term ``State'' means
``State, territory, or the District of Columbia''.
Passed the Senate September 29, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 1830
_______________________________________________________________________
AN ACT
To amend the Compact of Free Association Amendments Act of 2003, and
for other purposes.