HR 2705
11-13-07, House Agreed to Bill by Voice Vote
Placed on Senate Calendar
Calendar No. 489
110th CONGRESS
1st Session
H. R. 2705
IN THE SENATE OF THE UNITED STATES
November 14, 2007
Received; read twice and placed on the calendar
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 2007'.
SEC. 2. APPROVAL OF AGREEMENTS.
(a) In General- 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'.
(b) Effective Date- The amendments made by subsection (a) shall be effective
as of April 30, 2008.
SEC. 3. FUNDS TO FACILITATE FEDERAL ACTIVITIES.
Unobligated amounts appropriated before the date of the enactment of this
Act pursuant to section 105(f)(1)(A)(ii) of the Compact of Free Association
Amendments Act of 2003 shall be available to both the United States Agency
for International Development and the Federal Emergency Management Agency
to facilitate each agency's activities under the Federal Programs and Services
Agreements.
SEC. 4. CONFORMING AMENDMENT.
(a) In General- Section 105(f)(1)(A) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(A)) is amended to read as follows:
`(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, provided that all activities
carried out by the United States Agency for International Development
and the Federal Emergency Management Agency under Article X of the Federal
Programs and Services Agreements may be carried out notwithstanding
any other provision of law. In the sections referred to in this clause,
the term `United States Agency for International Development, Office
of Foreign Disaster Assistance' shall be construed to mean `the United
States Agency for International Development'.
`(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.'.
(b) Effective Date- The amendments made by subsection (a) shall be effective
as of April 30, 2008.
SEC. 5. 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
(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. 6. 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. 7. TECHNICAL AMENDMENTS.
(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,';
(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'.
(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--
(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,';
(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)';
(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';
(i) in subsection (a), by striking `14 U.S.C. 195' and inserting `section
195 of title 14, United States Code'; and
(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,';
(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';
(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';
(i) in subsection (a), by striking `14 U.S.C. 195' and inserting `section
195 of title 14, United States Code'; and
(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. 8. 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. 9. 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. 10. 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'.
SEC. 11. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.
(a) Transfers by Grant- The President is authorized to transfer vessels to
foreign countries on a grant basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j), as follows:
(1) TURKEY- To the Government of Turkey--
(A) the OLIVER HAZARD PERRY class guided missile frigates GEORGE PHILIP
(FFG-12) and SIDES (FFG-14); and
(B) the OSPREY class minehunter coastal ship BLACKHAWK (MHC-58).
(2) LITHUANIA- To the Government of Lithuania, the OSPREY class minehunter
coastal ships CORMORANT (MHC-57) and KINGFISHER (MHC-56).
(b) Transfers by Sale- The President is authorized to transfer vessels to
foreign recipients on a sale basis under section 21 of the Arms Export Control
Act (22 U.S.C. 2761), as follows:
(1) TAIWAN- To the Taipei Economic and Cultural Representative Office in
the United States (which is the Taiwan instrumentality designated pursuant
to section 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))), the OSPREY
class minehunter coastal ships ORIOLE (MHC-55) and FALCON (MHC-59).
(2) TURKEY- To the Government of Turkey, the OSPREY class minehunter coastal
ship SHRIKE (MHC-62).
(c) Grants Not Counted in Annual Total of Transferred Excess Defense Articles-
The value of a vessel transferred to a recipient on a grant basis pursuant
to authority provided by subsection (a) shall not be counted against the aggregate
value of excess defense articles transferred in any fiscal year under section
516(g) of the Foreign Assistance Act of 1961.
(d) Costs of Transfers- Any expense incurred by the United States in connection
with a transfer authorized by this section shall be charged to the recipient.
(e) Repair and Refurbishment in United States Shipyards- To the maximum extent
practicable, the President shall require, as a condition of the transfer of
a vessel under this section, that the recipient to which the vessel is transferred
have such repair or refurbishment of the vessel as is needed before the vessel
joins the naval forces of the recipient performed at a shipyard located in
the United States, including a United States Navy shipyard.
(f) Expiration of Authority- The authority to transfer a vessel under this
section shall expire at the end of the 2-year period beginning on the date
of the enactment of this Act.
Passed the House of Representatives November 13, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 489
110th CONGRESS
1st Session
H. R. 2705
AN ACT
To amend the Compact of Free Association Amendments Act of 2003, and for
other purposes.
November 14, 2007
Received; read twice and placed on the calendar
END
