110th CONGRESS
1st Session
S. 283
To amend the Compact of Free Association Amendments Act of 2003,
and for other purposes.
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
A BILL
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.
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'.
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 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.'.
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
(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.
(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. 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'.
END
