S. 283

Compacts of Free Association Amendments Act of 2007

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II

Calendar No. 42

110th CONGRESS

1st Session

S. 283

[Report No. 110–17]

IN THE SENATE OF THE UNITED STATES

January 12, 2007

Mr. Bingaman (for himself and Mr. Domenici) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

February 15, 2007

Reported by Mr. Bingaman, without amendment

A BILL

To amend the Compact of Free Association Amendments Act of 2003, and for other purposes.

1.

Short title

This Act may be cited as the Compacts of Free Association Amendments Act of 2007.

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 two 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 two Governments on June 18, 2004, which shall serve as the authority to implement the provisions thereof.

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 two 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.

.

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.

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).

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), 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 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.

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.

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.

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.

February 15, 2007

Reported without amendment