Title 48 USCTitle 48 Online@118-34not31 no OLRC 2023-12-19T11:31:26 USCConverter 1.7.2  Title 48 TERRITORIES AND INSULAR POSSESSIONS Current through 118-34not31    Chap. Sec.  1. Bureau of Insular Affairs [Omitted or Repealed] 1  2. Alaska 21  3. Hawaii 491  4. Puerto Rico 731  5. Philippine Islands [Omitted, Repealed, or Transferred] 1001  6. Canal Zone [Omitted, Repealed, or Transferred] 1301  7. Virgin Islands 1391  8. Guano Islands 1411  8A. Guam 1421  9. Samoa, Tutuila, Manua, Swains Island, and Trust Territory of the Pacific Islands [Transferred] 1431  10. Territorial Provisions of a General Nature 1451  11. Alien Owners of Land 1501  12. Virgin Islands [1954] 1541  13. Eastern Samoa 1661  14. Trust Territory of the Pacific Islands 1681  15. Conveyance of Submerged Lands to Territories 1701  16. Delegates to Congress 1711  17. Northern Mariana Islands 1801  18. Micronesia, Marshall Islands, and Palau 1901  19. Pacific Policy Reports 2001  20. Puerto Rico Oversight, Management, and Economic Stability 2101 CHAPTER 1 BUREAU OF INSULAR AFFAIRS  1. Omitted  Editorial Notes Codification Section, act July 1, 1902, ch. 1369,  87 32 Stat. 712 By Ex. Ord. No. 6726, eff. May 29, 1934 By Reorg. Plan No. II of 1939,  4(d), eff. July 1, 1939 53 Stat. 1433 act June 4, 1920, ch. 227 41 Stat. 769  2. Repealed. Aug. 10, 1956, ch. 1041,  53 70A Stat. 641   Section, acts June 3, 1916, ch. 134,  14 39 Stat. 176 June 4, 1920, ch. 227 41 Stat. 769  3. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 640   Section, acts June 25, 1906, ch. 3528 34 Stat. 456 June 4, 1920, ch. 227 41 Stat. 769  4, 5. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section 4, acts Mar. 2, 1907, ch. 2511 34 Stat. 1162 Mar. 23, 1910, ch. 115 36 Stat. 248  Section 5, act Mar. 23, 1910, ch. 115 36 Stat. 248 section 4 of this title CHAPTER 2 ALASKA    Sec.  21 50d1. Omitted or Repealed.  50e. Appropriations for benefit of natives; purchase of supplies for resale to natives, cooperatives, and Department employees.  50f. Disposal of miscellaneous revenues from schools, hospitals, and other Indian Service facilities.  50g 488f. Omitted, Repealed, or Transferred.  Admission as State Alaska was admitted into the Union on January 3, 1959 Jan. 3, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 Statutory Notes and Related Subsidiaries Alaska Statehood Pub. L. 85508 July 7, 1958 72 Stat. 339  [Sec. 1. Declaration; acceptance, ratification, and confirmation of Constitution.] That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 8(c) of this Act, the State of Alaska is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Alaska entitled, An Act to provide for the holding of a constitutional convention to prepare a constitution for the State of Alaska; to submit the constitution to the people for adoption or rejection; to prepare for the admission of Alaska as a State; to make an appropriation; and setting an effective date, approved March 19, 1955 April 24, 1956 Sec. 2. [Territory.] The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska. Sec. 3. [Constitution.] The constitution of the State of Alaska shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. Sec. 4. [Compact with United States; disclaimer of right and title to lands or other property; taxation.] As a compact with the United States said State and its people do agree and declare that they forever disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States, and to any lands or other property (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives; that all such lands or other property (including fishing rights), the right or title to which may be held by said natives or is held by the United States in trust for said natives, shall be and remain under the absolute jurisdiction and control of the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: Provided And provided further Pub. L. 8670,  2(a) June 25, 1959 73 Stat. 141 Sec. 5. [Title to property.] The State of Alaska and its political subdivisions, respectively, shall have and retain title to all property, real and personal, title to which is in the Territory of Alaska or any of the subdivisions. Except as provided in section 6 hereof, the United States shall retain title to all property, real and personal, to which it has title, including public lands. Sec. 6. [Selection from public lands; fish and wildlife resources; public school support; mineral leases, permits, leases, or contracts; mineral land grants; schools and colleges; confirmation of grants; internal improvements; submerged lands.] (a) For the purposes of furthering the development of and expansion of communities, the State of Alaska is hereby granted and shall be entitled to select, within thirty-five years after the date of the admission of the State of Alaska into the Union, from lands within national forests in Alaska which are vacant and unappropriated at the time of their selection not to exceed four hundred thousand acres of land, and from the other public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection not to exceed another four hundred thousand acres of land, all of which shall be adjacent to established communities or suitable for prospective community centers and recreational areas. Such lands shall be selected by the State of Alaska with the approval of the Secretary of Agriculture as to national forest lands and with the approval of the Secretary of the Interior as to other public lands: Provided Provided further (b) The State of Alaska, in addition to any other grants made in this section, is hereby granted and shall be entitled to select, within thirty-five years after the admission of Alaska into the Union, not to exceed one hundred and two million five hundred and fifty thousand acres from the public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection: Provided And provided further (c) Block 32, and the structures and improvements thereon, in the city of Juneau are granted to the State of Alaska for any or all of the following purposes or a combination thereof: A residence for the Governor, a State museum, or park and recreational use. (d) Block 19, and the structures and improvements thereon, and the interests of the United States in blocks C and 7, and the structures and improvements thereon, in the city of Juneau, are hereby granted to the State of Alaska. (e) All real and personal property of the United States situated in the Territory of Alaska which is specifically used for the sole purpose of conservation and protection of the fisheries and wildlife of Alaska, under the provisions of the Alaska game law of July 1, 1943 57 Stat. 301 June 26, 1906 34 Stat. 478 June 6, 1924 43 Stat. 465 Provided Provided section 8(a) of the Act of September 2, 1937 section 12 of the Act of August 9, 1950 16 U.S.C. 1151 16 U.S.C. 1166 16 U.S.C. 1168 16 U.S.C. 1187 16 U.S.C. 772772i (f) Five per centum of the proceeds of sale of public lands lying within said State which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to such sales, shall be paid to said State to be used for the support of the public schools within said State. (g) Except as provided in subsection (a), all lands granted in quantity to and authorized to be selected by the State of Alaska by this Act shall be selected in such manner as the laws of the State may provide, and in conformity with such regulations as the Secretary of the Interior may prescribe. All selections shall be made in reasonably compact tracts, taking into account the situation and potential uses of the lands involved, and each tract selected shall contain at least five thousand seven hundred and sixty acres unless isolated from other tracts open to selection or, in the case of selections under subsec. (a) of this section, one hundred and sixty acres. The authority to make selections shall never be alienated or bargained away, in whole or in part, by the State. Upon the revocation of any order of withdrawal in Alaska, the order of revocation shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, if subsequent to the admission of Alaska into the Union, during which period the State of Alaska shall have a preferred right of selection, subject to the requirements of this Act, except as against prior existing valid rights or as against equitable claims subject to allowance and confirmation. Such preferred right of selection shall have precedence over the preferred right of application created by section 4 of the Act of September 27, 1944 58 Stat. 748 January 1, 1979 (h) Any lease, permit, license, or contract issued under the Mineral Leasing Act of February 25, 1920 41 Stat. 437 30 U.S.C. 181 October 20, 1914 38 Stat. 741 1 1 Provided (i) All grants made or confirmed under this Act shall include mineral deposits. The grants of mineral lands to the State of Alaska under subsections (a) and (b) of this section are made upon the express condition that all sales, grants, deeds, or patents for any of the mineral lands so granted shall be subject to and contain a reservation to the State of all of the minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. Mineral deposits in such lands shall be subject to lease by the State as the State legislature may direct: Provided (j) The schools and colleges provided for in this Act shall forever remain under the exclusive control of the State, or its governmental subdivisions, and no part of the proceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college, or university. (k) Grants previously made to the Territory of Alaska are hereby confirmed and transferred to the State of Alaska upon its admission. Effective upon the admission of the State of Alaska into the Union, section 1 of the Act of March 4, 1915 38 Stat. 1214 section 35 of the Act of February 25, 1920 41 Stat. 450 July 7, 1958 (l) The grants provided for in this Act shall be in lieu of the grant of land for purposes of internal improvements made to new States by section 8 of the Act of September 4, 1841 5 Stat. 455 September 28, 1850 9 Stat. 520 July 2, 1862 12 Stat. 503 (m) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session; 67 Stat. 29 (n) The minimum tract selection size is waived with respect to a selection made by the State of Alaska under subsection (a) for the following selections:     National Forest Community Grant Application Number Area Name Est. Acres  209 Yakutat Airport Addition 111 264 Bear Valley (Portage) 120 284 Hyder-Fish Creek 61 310 Elfin Cove 37 384 Edna Bay Admin Site 37 390 Point Hilda 29. (o) (1) The State of Alaska may elect to convert a selection filed under subsection (b) to a selection under subsection (a) by notifying the Secretary of the Interior in writing. (2) If the State of Alaska makes an election under paragraph (1), the entire selection shall be converted to a selection under subsection (a). (3) The Secretary of the Interior shall not convey a total of more than 400,000 acres of public domain land selected under subsection (a) or converted under paragraph (1) to a public domain selection under subsection (a). (4) Conversion of a selection under paragraph (1) shall not increase the survey obligation of the United States with respect to the land converted. (p) All selection applications of the State of Alaska that are on file with the Secretary of the Interior under the public domain provisions of subsection (a) on the date of enactment of this subsection [ Dec. 10, 2004 o Pub. L. 8670,  2(b) June 25, 1959 73 Stat. 141 Pub. L. 86173 Aug. 18, 1959 73 Stat. 395 Pub. L. 86786 Sept. 14, 1960 74 Stat. 1025 Pub. L. 88135 Oct. 8, 1963 77 Stat. 223 Pub. L. 88289 Mar. 25, 1964 78 Stat. 169 Pub. L. 89702, title IV,  408(b) Nov. 2, 1966 80 Stat. 1098 Pub. L. 96487, title IX,  906(a) Dec. 2, 1980 94 Stat. 2437 Pub. L. 108452, title I,  101 Dec. 10, 2004 118 Stat. 3576 Sec. 7. [Certification by President; proclamation for elections.] Upon enactment of this Act, it shall be the duty of the President of the United States, not later than July 3, 1958 July 3, 1958 August 1, 1958 Sec. 8. [Election of officers; date; propositions; certification of voting results; proclamation by President; laws in effect.] (a) The proclamation of the Governor of Alaska required by section 7 shall provide for holding of a primary election and a general election on dates to be fixed by the Governor of Alaska: Provided December 1, 1958 (b) At an election designated by proclamation of the Governor of Alaska, which may be the general election held pursuant to subsection (a) of this section, or a Territorial general election, or a special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, by separate ballot on each, the following propositions:  (1) Shall Alaska immediately be admitted into the Union as a State?  (2) The boundaries of the State of Alaska shall be as prescribed in the Act of Congress approved __ (date of approval of this Act) and all claims of this State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States.  (3) All provisions of the Act of Congress approved __ (date of approval of this Act) reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Alaska, are consented to fully by said State and its people. In the event each of the foregoing propositions is adopted at said election by a majority of the legal votes cast on said submission, the proposed constitution of the proposed State of Alaska, ratified by the people at the election held on April 24, 1956 The Governor of Alaska is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Alaska, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States. (c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Alaska, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 7 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained. Upon the issuance of said proclamation by the President, the State of Alaska shall be deemed admitted into the Union as provided in section 1 of this Act. Until the said State is so admitted into the Union, all of the officers of said Territory, including the Delegate in Congress from said Territory, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Alaska into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in or under or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representative in the manner required by law, and the said Senators and Representative shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. (d) Upon admission of the State of Alaska into the Union as herein provided, all of the Territorial laws then in force in the Territory of Alaska shall be and continue in full force and effect throughout said State except as modified or changed by this Act, or by the constitution of the State, or as thereafter modified or changed by the legislature of the State. All of the laws of the United States shall have the same force and effect within said State as elsewhere within the United States. As used in this paragraph, the term Territorial laws includes (in addition to laws enacted by the Territorial Legislature of Alaska) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Alaska prior to the admission of the State of Alaska into the Union, and the term laws of the United States includes all laws or parts thereof enacted by the Congress that (1) apply to or within Alaska at the time of the admission of the State of Alaska into the Union, (2) are not Territorial laws as defined in this paragraph, and (3) are not in conflict with any other provisions of this Act. Sec. 9. [House of Representatives membership.] The State of Alaska upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided August 8, 1911 37 Stat. 13 November 15, 1941 55 Stat. 761 Sec. 10. [National defense withdrawals; jurisdiction.] (a) The President of the United States is hereby authorized to establish, by Executive order or proclamation, one or more special national defense withdrawals within the exterior boundaries of Alaska, which withdrawal or withdrawals may thereafter be terminated in whole or in part by the President. (b) Special national defense withdrawals established under subsection (a) of this section shall be confined to those portions of Alaska that are situated to the north or west of the following line: Beginning at the point where the Porcupine River crosses the international boundary between Alaska and Canada; thence along a line parallel to, and five miles from, the right bank of the main channel of the Porcupine River to its confluence with the Yukon River; thence along a line parallel to, and five miles from, the right bank of the main channel of the Yukon River to its most southerly point of intersection with the meridian of longitude 160 degrees west of Greenwich; thence south to the intersection of said meridian with the Kuskokwim River; thence along a line parallel to, and five miles from the right bank of the Kuskokwim River to the mouth of said river; thence along the shoreline of Kuskokwim Bay to its intersection with the meridian of longitude 162 degrees 30 minutes west of Greenwich; thence south to the intersection of said meridian with the parallel of latitude 57 degrees 30 minutes north; thence east to the intersection of said parallel with the meridian of longitude 156 degrees west of Greenwich; thence south to the intersection of said meridian with the parallel of latitude 50 degrees north. (c) Effective upon the issuance of such Executive order or proclamation, exclusive jurisdiction over all special national defense withdrawals established under this section is hereby reserved to the United States, which shall have sole legislative, judicial, and executive power within such withdrawals, except as provided hereinafter. The exclusive jurisdiction so established shall extend to all lands within the exterior boundaries of each such withdrawal, and shall remain in effect with respect to any particular tract or parcel of land only so long as such tract or parcel remains within the exterior boundaries of such a withdrawal. The laws of the State of Alaska shall not apply to areas within any special national defense withdrawal established under this section while such areas remain subject to the exclusive jurisdiction hereby authorized: Provided, however And provided further (d) During the continuance in effect of any special national defense withdrawal established under this section, or until the Congress otherwise provides, such exclusive jurisdiction shall be exercised within each such withdrawal in accordance with the following provisions of law: (1) All laws enacted by the Congress that are of general application to areas under the exclusive jurisdiction of the United States, including, but without limiting the generality of the foregoing, those provisions of title 18, United States Code, that are applicable within the special maritime and territorial jurisdiction of the United States as defined in section 7 of said title, shall apply to all areas within such withdrawals. (2) In addition, any areas within the withdrawals that are reserved by Act of Congress or by Executive action for a particular military or civilian use of the United States shall be subject to all laws enacted by the Congress that have application to lands withdrawn for that particular use, and any other areas within the withdrawals shall be subject to all laws enacted by the Congress that are of general application to lands withdrawn for defense purposes of the United States. (3) To the extent consistent with the laws described in paragraphs (1) and (2) of this subsection and with regulations made or other actions taken under their authority, all laws in force within such withdrawals immediately prior to the creation thereof by Executive order or proclamation shall apply within the withdrawals and, for this purpose, are adopted as laws of the United States: Provided, however (4) All functions vested in the United States magistrate judges by the laws described in this subsection shall continue to be performed within the withdrawals by such magistrate judges. (5) All functions vested in any municipal corporation, school district, or other local political subdivision by the laws described in this subsection shall continue to be performed within the withdrawals by such corporation, district, or other subdivision, and the laws of the State or the laws or ordinances of such municipalities or local political subdivision shall remain in full force and effect notwithstanding any withdrawal made under this section. (6) All other functions vested in the government of Alaska or in any officer or agency thereof, except judicial functions over which the United States District Court for the District of Alaska is given jurisdiction by this Act or other provisions of law, shall be performed within the withdrawals by such civilian individuals or civilian agencies and in such manner as the President shall from time to time, by Executive order, direct or authorize. (7) The United States District Court for the District of Alaska shall have original jurisdiction, without regard to the sum or value of any matter in controversy, over all civil actions arising within such withdrawals under the laws made applicable thereto by this subsection, as well as over all offenses committed within the withdrawals. (e) Nothing contained in subsection (d) of this section shall be construed as limiting the exclusive jurisdiction established in the United States by subsection (c) of this section or the authority of the Congress to implement such exclusive jurisdiction by appropriate legislation, or as denying to persons now or hereafter residing within any portion of the areas described in subsection (b) of this section the right to vote at all elections held within the political subdivisions as prescribed by the State of Alaska where they respectively reside, or as limiting the jurisdiction conferred on the United States District Court for the District of Alaska by any other provision of law, or as continuing in effect laws relating to the Legislature of the Territory of Alaska. Nothing contained in this section shall be construed as limiting any authority otherwise vested in the Congress or the President. (As amended Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117 Sec. 11. [Denali National Park; military and naval lands; civil and criminal jurisdiction.] (a) Nothing in this Act shall affect the establishment, or the right, ownership, and authority of the United States in Denali National Park, as now or hereafter constituted; but exclusive jurisdiction, in all cases, shall be exercised by the United States for the national park, as now or hereafter constituted; saving, however, to the State of Alaska the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said State, but outside of said park; and saving further to the said State the right to tax persons and corporations, their franchises and property on the lands included in said park; and saving also to the persons residing now or hereafter in such area the right to vote at all elections held within the respective political subdivisions of their residence in which the park is situated. (b) Notwithstanding the admission of the State of Alaska into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are owned by the United States and held for military, naval, Air Force, or Coast Guard purposes, including naval petroleum reserve numbered 4, whether such lands were acquired by cession and transfer to the United States by Russia and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Alaska for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided Pub. L. 96487, title II,  202(3)(a) Dec. 2, 1980 94 Stat. 2382 Sec. 12. [Judicial and criminal provisions; amendment.] Effective upon the admission of Alaska into the Union (a) The analysis of chapter 5 of title 28, United States Code, immediately preceding section 81 of such title, is amended by inserting immediately after and underneath item 81 of such analysis, a new item to be designated as item 81A and to read as follows:  81A. Alaska; (b) Title 28, United States Code, is amended by inserting immediately after section 81 thereof a new section, to be designated as section 81A, and to read as follows:   81A. Alaska  Alaska constitutes one judicial district.  Court shall be held at Anchorage, Fairbanks, Juneau, and Nome.; (c)  Section 133 of title 28 (d) The first paragraph of section 373 of title 28 Provided (e) The words the District Court for the Territory of Alaska, are stricken out wherever they appear in sections 333, 460, 610, 753, 1252, 1291, 1292, and 1346 of title 28, United States Code; (f) The first paragraph of section 1252 of title 28 (g) Subsection (2) of section 1294 of title 28 (h) Subsection (a) of section 2410 of title 28 (i)  Section 3241 of title 18 (j) Subsection (e) of section 3401 of title 18 (k)  Section 3771 of title 18 (l)  Section 3772 of title 18 (m)  Section 2072 of title 28 (n) Subsection (q) of section 376 of title 28 Provided (o) The last paragraph of section 1963 of title 28 (p)  Section 2201 of title 28 (q)  Section 4 of the Act of July 28, 1950 64 Stat. 380 Sec. 13. [Continuation of suits.] No writ, action, indictment, cause, or proceeding pending in the District Court for the Territory of Alaska on the date when said Territory shall become a State, and no case pending in an appellate court upon appeal from the District Court for the Territory of Alaska at the time said Territory shall become a State, shall abate by the admission of the State of Alaska into the Union, but the same shall be transferred and proceeded with as hereinafter provided. All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Alaska in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offenses; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Alaska. Sec. 14. [Appeals.] All appeals taken from the District Court for the Territory of Alaska to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit, previous to the admission of Alaska as a State, shall be prosecuted to final determination as though this Act had not been passed. All cases in which final judgment has been rendered in such district court, and in which appeals might be had except for the admission of such State, may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit under the provisions of then existing law, and there held and determined in like manner; and in either case, the Supreme Court of the United States, or the United States Court of Appeals, in the event of reversal, shall remand the said cause to either the State supreme court or other final appellate court of said State, or the United States district court for said district, as the case may require: Provided Sec. 15. [Transfer of cases.] All causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State which are of such nature as to be within the jurisdiction of a district court of the United States shall be transferred to the United States District Court for the District of Alaska for final disposition and enforcement in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts. All other causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State shall be transferred to the appropriate State court of Alaska. All final judgments and decrees rendered upon such transferred cases in the United States District Court for the District of Alaska may be reviewed by the Supreme Court of the United States or by the United States Court of Appeals for the Ninth Circuit in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts. Sec. 16. [Succession of courts.] Jurisdiction of all cases pending or determined in the District Court for the Territory of Alaska not transferred to the United States District Court for the District of Alaska shall devolve upon and be exercised by the courts of original jurisdiction created by said State, which shall be deemed to be the successor of the District Court for the Territory of Alaska with respect to cases not so transferred and, as such, shall take and retain custody of all records, dockets, journals, and files of such court pertaining to such cases. The files and papers in all cases so transferred to the United States district court, together with a transcript of all book entries to complete the record in such particular cases so transferred, shall be in like manner transferred to said district court. Sec. 17. [Pending cases in the District Court for the Territory of Alaska.] All cases pending in the District Court for the Territory of Alaska at the time said Territory becomes a State not transferred to the United States District Court for the District of Alaska shall be proceeded with and determined by the courts created by said State with the right to prosecute appeals to the appellate courts created by said State, and also with the same right to prosecute appeals or writs of certiorari from the final determination in said causes made by the court of last resort created by such State to the Supreme Court of the United States, as now provided by law for appeals and writs of certiorari from the court of last resort of a State to the Supreme Court of the United States. Sec. 18. [Jurisdiction of District Court; termination date.] The provisions of the preceding sections with respect to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of rights of litigants in suits before such courts, shall not be effective until three years after the effective date of this Act, unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of this Act, is prepared to assume the functions imposed upon it. During such period of three years or until such Executive order is issued, the United States District Court for the Territory of Alaska shall continue to function as heretofore. The tenure of the judges, the United States attorneys, marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function as provided in this section. Sec. 19. [Federal Reserve Act; amendment.] The first paragraph of section 2 of the Federal Reserve Act ( 38 Stat. 251 Sec. 20. [Reservation of coal lands; repeal.]  Section 2 of the Act of October 20, 1914 38 Stat. 742 Sec. 21. [United States Nationality.] Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, nor restore nationality heretofore lost under any law of the United States or under any treaty to which the United States may have been a party. Sec. 22. [Immigration and Nationality Act; amendment.] Section 101(a)(36) of the Immigration and Nationality Act ( 66 Stat. 170 Sec. 23. [Immigration and Nationality Act; amendment.] The first sentence of section 212(d)(7) of the Immigration and Nationality Act ( 66 Stat. 188 Sec. 24. [Persons born in Alaska on or after March 30, 1867 Nothing contained in this Act shall be held to repeal, amend, or modify the provisions of section 304 of the Immigration and Nationality Act ( 66 Stat. 237 Sec. 25. [Immigration and Nationality Act; amendment.] The first sentence of section 310(a) of the Immigration and Nationality Act ( 66 Stat. 239 Sec. 26. [Immigration and Nationality Act; amendment.] Section 344(d) of the Immigration and Nationality Act ( 66 Stat. 265 Sec. 27. [Transportation by water.] (a) The third proviso in section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C. [App.], sec. 883) [now 46 U.S.C. 55116 (b) Nothing contained in this or any other Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Alaska and other ports in the United States, its Territories or possessions, or as conferring upon the Interstate Commerce Commission jurisdiction over transportation by water between any such ports. Sec. 28. [Mines and mining.] (a) The last sentence of section 9 of the Act entitled An Act to provide for the leasing of coal lands in the Territory of Alaska, and for other purposes, approved October 20, 1914 48 U.S.C. 439 (b) Section 35 of the Act entitled An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain, approved February 25, 1920 30 U.S.C. 191 Sec. 29. [Separability clause.] If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word to other persons and circumstances shall not be affected thereby. Sec. 30. [Repeal of inconsistent laws.] All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Territory or by Congress, are hereby repealed. Alaska Omnibus Act Pub. L. 8670 June 25, 1959 73 Stat. 141  [Sec. 1. Short Title.] That this Act may be cited as the Alaska Omnibus Act. Sec. 2 [Federal jurisdiction.] (a)  Section 4 of the Act of July 7, 1958 72 Stat. 339 (b) Section 6(e) of said Act is amended by striking out the word legislative and inserting in lieu thereof the word calendar. Sec. 3. [Termination of application of certain Federal laws.] Any Territorial law, as that term is defined in section 8(d) of the Act of July 7, 1958 72 Stat. 339 (a) which provides for the regulation of commerce within Alaska by an agency of the United States, and (b) the application of which to the State of Alaska is continued solely by reason of such section 8(d), shall cease to apply to the State of Alaska on June 30, 1961 Sec. 4. [Sugar Act; amendment.] Section 101 of the Sugar Act of 1948, as amended (7 U.S.C., supp. V, sec. 1101), is further amended by adding thereto a new subsection, to be designated subsection (o) and to read as follows:  ( o Sec. 5. [Soil Bank Act; amendment.] Section 113 of the Soil Bank Act (7 U.S.C., supp. V, sec. 1837), is amended to read as follows: This subtitle B shall apply to the continental United States, except Alaska, and, if the Secretary determines it to be in the national interest, to the State of Alaska, the Territory of Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands, and as used in this subtitle B, the term State includes Hawaii, Puerto Rico, and the Virgin Islands. Sec. 6. [Armed Forces; amendment.] (a) Title 10, United States Code, section 101(2), is amended by striking out the words Alaska, Hawaii, and inserting in lieu thereof the word Hawaii. (b) Title 10, United States Code, sections 802(11) and 802(12), are each amended by striking out the words that part of Alaska east of longitude 172 degrees west,. (c) Title 10, United States Code, section 2662(c), is amended by striking out the word Alaska,. Sec. 7. [National Bank Act; amendment.] Section 5192 of the Revised Statutes, as amended ( 12 U.S.C. 144 Sec. 8. [Federal Reserve Act; amendment.] (a) Section 1 of the Federal Reserve Act, as amended ( 12 U.S.C. 221 (b) Section 19 of the Federal Reserve Act, as amended ( 12 U.S.C. 466 Sec. 9. [Home Loan Bank Board.] (a) Paragraph (3) [now (2)] of section 2 of the Federal Home Loan Bank Act, as amended ( 12 U.S.C. 1422(3) (b) Section 7 of the Home Owners Loan Act of 1933, as amended ( 12 U.S.C. 1466 Sec. 10. [National Housing Act; amendment.] The National Housing Act is amended by (a) striking out the word Alaska, in sections 9, 201(d), 207(a)(7), 601(d), 713(q), and 801(g) (12 U.S.C., secs. 1706d, 1707(d), 1713(a)(7), 1736(d), 1747 l (b) striking out the words the Territory of Alaska, in section 207(c)(2) (12 U.S.C., supp. V, sec. 1713(c)(2)), and inserting the word Alaska in lieu thereof; (c) by striking out the words the Territory of Alaska or in Guam in section 214 (12 U.S.C., supp. V, sec. 1715d; 48 U.S.C., supp. V, sec. 484d), and inserting the words Alaska, Guam, in lieu thereof; and (d) striking out the words Territory in the two places where it appears in section 806 (12 U.S.C., supp. V, sec. 1748e), and inserting the word State in lieu thereof. Sec. 11. [Coast Guard; amendment.] Title 14, United States Code, [former] section 634(b), is amended by striking out the words and for the territory of in both places where they appear therein. Sec. 12. [Securities and Exchange Commission.] (a) Paragraph (6) of section 2 of the Securities Act of 1933, as amended ( 15 U.S.C. 77b(6) (b) Paragraph (16) of section 3(a) of the Securities Exchange Act of 1934, as amended ( 15 U.S.C. 78c(a)(16) (c) Paragraph (18) of section 202(a) of the Investment Advisers Act of 1940, as amended ( 15 U.S.C. 80b2(a)(18) (d) Paragraph (37) of section 2(a) of the Investment Company Act of 1940, as amended ( 15 U.S.C. 80a2(a)(37) (e) Paragraph (1) of section 6(a) of the Investment Company Act of 1940, as amended ( 15 U.S.C. 80a6(a)(1) Sec. 13. [Soil Conservation.] (a) Section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C., supp. V, sec. 590h(b)), is further amended by inserting, immediately following the words continental United States, the words , except in Alaska. (b) Section 17(a) of the Soil Conservation and Domestic Allotment Act, as amended ( 16 U.S.C. 590q(a) Sec. 14. [Bald Eagles.]  Section 1 of the Act of June 8, 1940 16 U.S.C. 668 Sec. 15. [Wildlife restoration.]  Section 8(a) of the Act of September 2, 1937 Sec. 16. [Fish restoration.]  Section 12 of the Act of August 9, 1950 Sec. 17. [Criminal Code; amendments.] (a) Title 18, United States Code, section 5024, is amended by striking out the words other than Alaska and inserting in lieu thereof the words including Alaska. (b)  Section 6 of the Act of August 25, 1958 72 Stat. 845 (c) Subsections (a) and (b) of this section shall be effective on July 7, 1961 section 18 of the Act of July 7, 1958 72 Stat. 339 (d) Title 18, United States Code, section 1385, is amended by deleting the last sentence thereof. Sec. 18. [Education.] (a) (1) Subsection (a) of section 103 of the National Defense Education Act of 1958 ( 72 Stat. 1580 (2) Paragraph (3)(B) of section 302(a) of such Act ( 72 Stat. 1580 (3) Section 1008 of such Act ( 72 Stat. 1580 (b) (1)  Section 4 of the Act of February 23, 1917 20 U.S.C. 14 20 U.S.C. 16 20 U.S.C. 22 (2) Paragraph (1) of section 2 of the Vocational Education Act of 1946 ( 20 U.S.C. 15i (3) Subsection (e) of section 210 (20 U.S.C., supp. V, sec. 15jj(e)), and subsection (a) of section 307 of such Act ( 72 Stat. 1580 (c) Paragraph (13) of section 15 of the Act of September 23, 1950 72 Stat. 548 (d) (1) The material in the parentheses in the first sentence of subsection (d) of section 3 of the Act of September 30, 1950 (2) The fourth sentence of such subsection is amended by inserting (including Alaska) after continental United States the first time it appears in such sentence. The fifth sentence of such subsection is amended by inserting (including Alaska) after continental United States the second time it appears in such sentence. (3) The last sentence of such subsection is amended by striking out Alaska, and by inserting after the Virgin Islands, the following: or in any State in which a substantial proportion of the land is in unorganized territory for which a State agency is the local educational agency,. (4) Paragraph (8) of section 9 of such Act (20 U.S.C., supp. V, sec. 244(8)), relating to definition of State, is amended by striking out Alaska,. Sec. 19. [Importation of milk and cream.] Subsection (b) of section 9 of the Act of February 15, 1927 21 U.S.C. 149(b) Sec. 20. [Opium Poppy Control.] Section 12 of the Opium Poppy Control Act of 1942 ( 21 U.S.C. 188k Sec. 21. [Highways.] (a) The Secretary of Transportation shall transfer to the State of Alaska by appropriate conveyance without compensation, but upon such terms and conditions as he may deem desirable, all lands or interests in lands, including buildings and fixtures, all personal property, including machinery, office equipment, and supplies, and all records pertaining to roads in Alaska, which are owned, held, administered by, or used by the Secretary in connection with the activities of the Bureau of Public Roads in Alaska, (i) except such lands or interests in lands, including buildings and fixtures, personal property, including machinery, office equipment, and supplies, and records as the Secretary may determine are needed for the operations, activities, and functions of the Bureau of Public Roads in Alaska after such transfer, including services or functions performed pursuant to section 44 of this Act; and (ii) except such lands or interests in lands as he or the head of any other Federal agency may determine are needed for continued retention in Federal ownership for purposes other than or in addition to road purposes. (b) Notwithstanding any other provision of this section, any contract entered into by the Federal Government in connection with the activities of the Bureau of Public Roads in Alaska which has not been completed on the date of the transfer provided under subsection (a) hereof may be completed according to the terms thereof. (c) (1) The State of Alaska shall be responsible for the maintenance of roads, including bridges, tunnels, and ferries, transferred to it under subsection (a) of this section, as long as any such road is needed for highway purposes. (2) Federal-aid funds apportioned to Alaska under title 23, United States Code, for fiscal year 1960 and prior fiscal years, and unobligated on the date of enactment of this Act, may be used for maintenance of highways on the Federal-aid systems in Alaska. (d) Effective July 1, 1959 (1) Title 23, United States Code, section 103(f); (2) Title 23, United States Code, section 116(d) [now 23 U.S.C. 116(e) (3) Title 23, United States Code, section 119; (4) Title 23, United States Code, section 120(h) [now 23 U.S.C. 120(g) (5) Sections 107(b) and (d) of the Federal-Aid Highway Act of 1956 ( 70 Stat. 374 (6)  Section 2 of the Act of January 27, 1905 33 Stat. 616 48 U.S.C. 322 (7) The Act of June 30, 1932 47 Stat. 446 48 U.S.C. 321(a) (e) Effective on July 1, 1959 (1) The definition of the term State in title 23, United States Code, section 101(a), is amended to read as follows:  The term State means any one of the forty-nine States, the District of Columbia, Hawaii, or Puerto Rico.; (2) Title 23, United States Code, section 104(b), is amended by deleting the phrase , except that only one-third of the area of Alaska shall be included where it appears in paragraphs (1) and (2) of said section 104(b); (3) Title 23, United States Code, section 116(a) [now 23 U.S.C. 116(b) (4) Title 23, United States Code, section 120(a), is amended by deleting the phrase subsection (d) and (h) and by inserting in lieu thereof the phrase subsection (d). (f) Notwithstanding the limitation contained in subsection (f) of section 120 of Title 23 Provided Pub. L. 88451,  3 Aug. 19, 1964 78 Stat. 505 Pub. L. 97449,  2(a) Jan. 12, 1983 96 Stat. 2439 Sec. 22. [Internal Revenue.] (a) Section 2202 of the Internal Revenue Code of 1986 (relating to missionaries in foreign service), and sections 3121(e)(1), 3306(j), 4221(d)(4), and 4233(b) of such Code (each relating to a special definition of State) are amended by striking out Alaska,. (b) Section 4262(c)(1) of the Internal Revenue Code of 1986 (definition of continental United States) is amended to read as follows:  (1) Continental United States.The term continental United States means the District of Columbia and the States other than Alaska. (c) Section 4502(5) of the Internal Revenue Code of 1986 (relating to definition of United States) is amended by striking out the Territories of Hawaii and Alaska and by inserting in lieu thereof the Territory of Hawaii. (d) Section 4774 of the Internal Revenue Code of 1986 (relating to territorial extent of law) is amended by striking out the Territory of Alaska,. (e) Section 7621(b) of the Internal Revenue Code of 1986 (relating to boundaries of internal revenue districts) is amended to read as follows:  (b) Boundaries.For the purpose mentioned in subsection (a), the President may subdivide any State, Territory, or the District of Columbia, or may unite into one district two or more States or a Territory and one or more States. (f) Section 7653(d) of the Internal Revenue Code of 1986 is amended by striking out its Territories or possessions and inserting in lieu thereof its possessions or the Territory of Hawaii. (g) Section 7701(a)(9) of the Internal Revenue Code of 1986 (relating to definition of United States) is amended by striking out the Territories of Alaska and Hawaii and inserting in lieu thereof the Territory of Hawaii. (h) Section 7701(a)(10) of the Internal Revenue Code of 1986 (relating to definition of State) is amended by striking out Territories and inserting in lieu thereof Territory of Hawaii. (i) The amendments contained in subsections (a) through (h) of this section shall be effective as of January 3, 1959 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Sec. 23. [Courts.] (a) The Judicial Conference of the United States, with the assistance of the Administrative Office of the United States Courts, shall conduct a study, including a field survey, of the Federal Judicial business arising in the State of Alaska with a view toward directing the United States Court of Appeals for the Ninth Circuit to hold such terms of court in Anchorage or such other Alaskan cities as may be necessary for the prompt and efficient administration of justice. (b) Title 28, United States Code, section 81A, is amended by inserting the word Ketchikan, immediately following the word Juneau,. (c) Such authority as has been exercised by the Attorney General heretofore, with regard to the Federal court system in Alaska, pursuant to section 30 of the Act of June 6, 1900 48 U.S.C. 25 section 12(b) of the Act of July 7, 1958 72 Stat. 339 (d) All balances of public moneys received by the clerks of each division of the District Court for the Territory of Alaska pursuant to section 10 of the Act of June 6, 1900 48 U.S.C. 107 Sec. 24. [Vocational Rehabilitation Act; amendment.] (a) Subsection (g) of section 11 of the Vocational Rehabilitation Act (29 U.S.C., supp. V, sec. 41(g)), relating to definition of State, is amended by striking out Alaska,. (b) (1) Subsection (i) and paragraph (1) of subsection (h) of such section, relating to definition of allotment percentages and Federal shares for purposes of allotment and matching for vocational rehabilitation services, are each amended by striking out (excluding Alaska) and inserting in lieu thereof (including Alaska). (2) Paragraph (1) of such subsection (h) is further amended by striking out Alaska,. (3) Such subsection (i) is further amended by striking out Hawaii and Alaska in clause (B) and inserting in lieu thereof Hawaii, Sec. 25. [Gold Reserve Act; amendment.] Section 15 of the Gold Reserve Act of 1934, as amended ( 31 U.S.C. 444 Sec. 26. [Silver Purchase Act; amendment.] Section 10 of the Silver Purchase Act of 1934 ( 31 U.S.C. 448b Sec. 27. [National Guard; amendment.] Title 32, United States Code, section 101(1), is amended by striking out the words Alaska, Hawaii, and inserting in lieu thereof the word Hawaii. Sec. 28. [Water Pollution Control Act; amendment.] (a) Paragraph (1) of section 5(h) of the Federal Water Pollution Control Act (33 U.S.C., supp. V, sec. 466d(h)(1)), relating to Federal share for purposes of matching for program operation, is amended by striking out (excluding Alaska) and inserting in lieu thereof (including Alaska) and by striking out, in clause (B), and Alaska. (b) Subsection (d) of section 11 of such Act (33 U.S.C., Supp. V, sec. 466j(d)), is amended by striking out Alaska,. Sec. 29. [Veterans Benefits; amendment.] (a) Title 38, United States Code, section 903(b) [now 2303(b)], is amended by striking out the words , or to the place of burial within Alaska if the deceased was a resident of Alaska who had been brought to the United States as a beneficiary of the Veterans Administration for hospital or domiciliary care; by inserting the word continental immediately before the words United States the second time they appear in such section; and by inserting, immediately following the words continental United States in both places where they appear in such section, the parenthetical phrase (including Alaska). (b) Title 38, United States Code, section 2007(c) [now 4107(c)], is amended by striking out the word Alaska,. Sec. 30. [Federal Property and Administrative Services Act; amendment.] (a) Subsection (f) of section 3 of the Federal Property and Administrative Services Act of 1949 ( 40 U.S.C. 472(f) 40 U.S.C. 102(6) (b) Subsection (a) of section 702 of such Act ([former] 40 U.S.C., supp. V, sec. 522(a)), is amended by striking out the words Territories of Alaska and Hawaii and inserting in lieu thereof the words Territory of Hawaii. Sec. 31. [Public Health Service Act; amendment.] (a) Subsection (f) of section 2 of the Public Health Service Act ( 42 U.S.C. 201(f) (b) (1) Effective July 1, 1959 (2) Subsection (a) of section 372 of such Act (42 U.S.C., supp. V, sec. 274(a)), is amended by striking out the Territory of. (3) Subsections (b), (c), and (e) of such section are each amended by striking out the Territory each time it appears and inserting in lieu thereof Alaska. (4) Such subsection (e) is further amended by striking out the Territorys and inserting in lieu thereof Alaskas. (c) (1) Subsection (a) of section 631 of such Act (42 U.S.C., supp. V, sec. 291i(a)), relating to definition of allotment percentage for purposes of allotments for construction, is amended by striking out (excluding Alaska) and inserting in lieu thereof (including Alaska) and by striking out for Alaska and Hawaii shall be 50 per centum each in clause (2) and inserting in lieu thereof for Hawaii shall be 50 per centum. (2) Subsection (d) of such section, relating to definition of State, is amended by striking out Alaska,. Sec. 32. [Social Security Act; amendment.] (a) Paragraph (8) of section 1101(a) of the Social Security Act ( 72 Stat. 1013 (b) (1) Subsection (a) of section 524 of the Social Security Act ( 72 Stat. 1013 (2) Subsection (b) of such section, relating to definition of Federal share for purposes of matching for child welfare services, is amended by striking out 50 per centum in the case of Alaska and in clause (2). (3) Such subsections (a) and (b), and subsection (c) of such section, relating to promulgation of Federal shares and allotment percentages, are each amended by striking out (excluding Alaska) and inserting in lieu thereof (including Alaska). (c) (1) The last sentence of section 202(i) of the Social Security Act (42 U.S.C., supp. V, sec. 402(i)), is amended by striking out forty-eight and inserting in lieu thereof forty-nine. (2) Subsections (h) and (i) of section 210 of such Act ( 42 U.S.C. 410(h) (d) (1) Paragraph (1) of section 1101(a) of the Social Security Act (42 U.S.C., supp. V, sec. 1301(a)(1)), relating to definition of State, is amended by striking out Alaska, Hawaii, and inserting in lieu thereof Hawaii. (2) Paragraph (2) of such section (42 U.S.C., 1301(a)(2)), relating to definition of United States, is amended by striking out Alaska,. Sec. 33. [Congressional Record.]  Section 73 of the Act of January 12, 1895 Pub. L. 90620,  3 Oct. 22, 1968 82 Stat. 1310 Sec. 34. [Federal Register.] Section 8 of the Federal Register Act ( 44 U.S.C. 308 Pub. L. 90620,  3 Oct. 22, 1968 82 Stat. 1310 Sec. 35. [Airports.] (a) The Administrator of the Federal Aviation Agency is authorized and directed to transfer to the State of Alaska by appropriate conveyance, and subject to such terms and conditions as he may deem appropriate, all the right, title, and interest of the United States in and to the public airports constructed and operated pursuant to the Act of May 28, 1948 48 U.S.C. 485 (b) Notwithstanding any other provisions of this section, any contract entered into by the Federal Aviation Agency in connection with its activities with respect to public airports constructed and operated pursuant to the Act of May 28, 1948 48 U.S.C. 485 Sec. 36. [Selective Service.] Section 16(b) of the Universal Military Training and Service Act, as amended (50 U.S.C., app., sec. 466(b)) [now 50 U.S.C. 3814(b) Sec. 37. [Real property transactions.]  Section 43(c) of the Act of August 10, 1956 6 U.S.C. 765(c) Sec. 38. [Recreation facilities.]  Section 2 of the Act of May 4, 1956 70 Stat. 130 June 30, 1960 August 30, 1957 71 Stat. 510 June 30, 1959 Sec. 39. [Aircraft loan guarantees.]  Section 3 of the Act of September 7, 1957 71 Stat. 629 Sec. 40. [Defense Base Act; amendment.] (a) Paragraphs (2) and (3) of section 1(a) of the Defense Base Act, as amended ( 55 Stat. 622 42 U.S.C. 1651 (b) Paragraph (6) of section 1(a) of that Act is amended by striking out or in Alaska or the Canal Zone. (c) Section 1(b) of that Act is amended by striking the period at the end of paragraph (3), inserting in lieu thereof a semicolon, and adding the following paragraph:  (4) the term continental United States means the States and the District of Columbia. Sec. 41. [Timber removal.] The Act of March 3, 1891 26 Stat. 1093 16 U.S.C. 607 Sec. 42. [War Hazards Compensation Act; amendment.] (a) Paragraphs (2), (3), and (5) of section 101(a) of the War Hazards Compensation Act, as amended ( 56 Stat. 1028 42 U.S.C. 1701 (b) Section 104 of that Act [ 42 U.S.C. 1704  (c) The provisions of this section shall not apply with respect to benefits on account of any injury or death occurring within any State. (c) Section 201 of that Act [ 42 U.S.C. 1711  (f) the term continental United States means the States and the District of Columbia. Sec. 43. [Buy American Act; amendment.]  Section 1(b) of Title III of the Act of March 3, 1933 41 U.S.C. 10c(b) 41 U.S.C. 8301(1) Sec. 44. [Transitional grants.] (a) In order to assist the State of Alaska in accomplishing an orderly transition from Territorial status to statehood, and in order to facilitate the assumption by the State of Alaska of responsibilities hitherto performed in Alaska by the Federal Government, there are hereby authorized to be appropriated to the President, for the purpose of making transitional grants to the State of Alaska, the sum of $10,500,000 for the fiscal year ending June 30, 1960 June 30, 1961 June 30, 1962 June 30, 1963 June 30, 1964 June 30, 1966 (b) The Governor of Alaska may submit to the President a request that a Federal agency continue to provide services or facilities in Alaska for an interim period, pending the provision of such services or facilities by the State of Alaska. Such interim period shall not extend beyond June 30, 1966 (c) After the transfer or conveyance to the State of Alaska of any property or function pursuant to the Act of July 7, 1958 72 Stat. 339 June 30, 1966 Pub. L. 88311 May 27, 1964 78 Stat. 201 Sec. 45. [Transfer of property.] (a) If the President determines that any function performed by the Federal Government in Alaska has been terminated or curtailed by the Federal Government and that performance of such function or substantially the same function has been or will be assumed by the State of Alaska, the President may, until July 1, 1966 July 7, 1958 72 Stat. 339 (b) Structures and improvements of block 32 of the city of Juneau granted to the State of Alaska by section 6(c) of the Act providing for the admission of Alaska into the Union ( 72 Stat. 339 Pub. L. 88311,  2 May 27, 1964 78 Stat. 201 Sec. 46. [Claims Commission.] (a) In the event that any disputes arise between the United States and the State of Alaska prior to January 1, 1965 section 6(e) of the Act of July 7, 1958 72 Stat. 339 June 30, 1965 (b) The commission may, without regard to the civil service laws and the Classification Act of 1949, employ and fix the compensation of such employees as it deems necessary to carry out its duties under this section. The commission is authorized to use the facilities, information, and personnel of the departments, agencies, and establishments of the executive branch of the United States Government which it deems necessary to carry out its duties; and each such department, agency, and instrumentality is authorized to furnish such facilities, information, and personnel to the commission upon request made by the commission. The commission shall reimburse each such department, agency, or instrumentality for the services of any personnel utilized. The commission may establish such procedures, rules, and regulations as may be necessary to carry out its duties under this section. (c) No member of such commission shall be an officer or employee of the United States or of the State of Alaska. Any commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the commission shall not impair the right of the remaining commissioners to exercise all the powers of the commission. Each member of the commission shall be paid compensation at the rate of $50 per day for each day spent in the work of the commission, shall be reimbursed for actual and necessary travel expenses, and shall receive a per diem allowance in accordance with the provisions of the Travel Expense Act of 1949, as amended, when away from his usual place of residence. (d) There are hereby authorized to be appropriated such sums as may be necessary to enable the commission to perform its duties under this section. Sec. 47. [Effective dates.] (a) The amendments made by paragraph (2) of subsection (a) of section 18, by subsection (a) of section 28, by paragraph (1) of subsection (c) of section 31, by subsections (a) and (b) of section 32, and, except as provided in subsection (c) of this section, by subsection (b) of section 24, shall be applicable in the case of promulgations of Federal shares, allotment percentages, allotment ratios, and Federal percentages, as the case may be, made after satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska, and for this purpose such promulgations shall, before such data for the full period required by the applicable statutory provision as so amended are available from the Department of Commerce, be based on satisfactory data available from such Department for such one full year or, when such data for a two-year period are available, for such two years. (b) The amendments made by paragraphs (1) and (3) of subsection (a) of section 18 shall be applicable, in the case of allotments under section 302(b) or 502 of the National Defense Education Act of 1958 [ 20 U.S.C. 442(b) July 1, 1959 (c) [Repealed. Pub. L. 86624,  47(g)(4) July 12, 1960 74 Stat. 424 (d) The amendments made by paragraphs (2) and (3) of subsection (b), by subsection (c), and by paragraph (4) of subsection (d) of section 18; by subsection (a) of section 24; by subsection (b) of section 28; by subsection (a), by subparagraphs (2), (3), and (4) of subsection (b), and by paragraph (2) of subsection (c) of section 31; by paragraph (2) of subsection (c) and by subsection (d) of section 32; and, except as provided in subsection (b) of this section by paragraph (1) of subsection (a) of section 18, shall be effective on January 3, 1959 (e) The amendment made by paragraph (1) of subsection (c) of section 32 shall apply in the case of deaths occurring on or after January 3, 1959 (f) The amendments made by paragraph (1) of subsection (b) and paragraphs (1), (2), and (3) of subsection (d) of section 18 shall be applicable for fiscal years beginning July 1, 1959 (g) The amendments in sections 40 and 42 shall take effect when enacted: Provided, however January 3, 1959 42 U.S.C. 1651 Pub. L. 86624,  47(g)(4) July 12, 1960 74 Stat. 424 Sec. 48. [Definition of Continental United States.] Whenever the phrase continental United States is used in any law of the United States enacted after the date of enactment of this Act, it shall mean the 49 States on the North American Continent and the District of Columbia, unless otherwise expressly provided. Sec. 49. [Other subjects.] The amendment by this Act of certain statutes by deleting therefrom specific references to Alaska or such phrases as Territory of Alaska shall not be construed to affect the applicability or inapplicability in or to Alaska of other statutes not so amended. Sec. 50. [Separability.] If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Sec. 51. [New Federal Loan Adjustments.] (a) The Secretary of Agriculture is authorized to compromise or release such portion of a borrowers indebtedness under programs administered by the Farmers Home Administration in Alaska as he finds necessary because of loss resulting from the 1964 earthquake and subsequent seismic waves, and he may refinance outstanding indebtedness of applicants in Alaska for loans under section 502 of the Housing Act of 1949 [ 42 U.S.C. 1472 (b) The Secretary of Agriculture is authorized to compromise or release such portion of a borrowers indebtedness under programs administered by the Rural Electrification Administration in Alaska as he finds necessary because of loss, destruction, or damage of property resulting from the 1964 earthquake and subsequent seismic waves. (Added Pub. L. 88451,  4 Aug. 19, 1964 78 Stat. 505 Sec. 52. [Compromise or Release of Notes or Other Obligations.] The Secretary of Housing and Urban Development is authorized to compromise or release such portion of any note or other obligation held by him with respect to property in Alaska pursuant to Title II of the Housing Amendments of 1955 [ 42 U.S.C. 1491149 Pub. L. 88451,  4 Aug. 19, 1964 78 Stat. 506 Pub. L. 9019,  15(a) May 25, 1967 81 Stat. 24 Sec. 53. [Urban Renewal.] The Secretary of Housing and Urban Development is authorized to enter into contracts for grants not exceeding $25,000,000 for urban renewal projects in Alaska, including open land projects, under section 111 of the Housing Act of 1949 [ 42 U.S.C. 1462 42 U.S.C. 1453(b) The Secretary may increase the capital grant for a project assisted under this section to not more than 90 per centum of net project cost where he determines that a major portion of the project area has either been rendered unusable as a result of the 1964 earthquake and subsequent seismic waves or is needed in order adequately to provide, in accordance with the urban renewal plan for the project, new locations for persons, businesses, and facilities displaced by the earthquake. (Added Pub. L. 88451,  4 Aug. 19, 1964 78 Stat. 506 Pub. L. 9019,  15 May 25, 1967 81 Stat. 24 Sec. 54. [Extension of Term of Home Disaster Loans.] Loans made pursuant to paragraph (1) of section 7(b) of the Small Business Act ( 72 Stat. 387 15 U.S.C. 636(b) Provided 15 U.S.C. 636(c) Pub. L. 88451,  4 Aug. 19, 1964 78 Stat. 506 Sec. 55. [Modification of Civil Works Projects.] The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to make such modifications to previously authorized civil works projects in Alaska adversely affected by the 1964 earthquake and subsequent seismic waves as he finds necessary to meet changed conditions and to provide for current and reasonably prospective requirements of the communities they serve, at an estimated cost of $10,000,000. (Added Pub. L. 88451,  4 Aug. 19, 1964 78 Stat. 506 Sec. 56. [Purchase of Alaska State Bonds.] The Secretary of Housing and Urban Development is authorized to purchase, in accordance with the provisions of sections 202(b), 203, and 204 of Title II of the Housing Amendments of 1955 [ 42 U.S.C. 1492(b) Provided Pub. L. 88451,  4 Aug. 19, 1964 78 Stat. 506 Pub. L. 9019,  15(a) May 25, 1967 81 Stat. 24 Sec. 57. [Retirement or Adjustment of Outstanding Mortgage Obligation.] For the purpose of enabling the State of Alaska to retire or adjust outstanding home mortgage obligations or other real property liens secured by one to four family homes which were severely damaged or destroyed in the March 1964 earthquake and subsequent seismic waves, the President is authorized to make additional grants to the State of Alaska in an amount not to exceed a total of $5,500,000 to match, on a fifty-fifty basis, any funds provided by the State to pay the costs of retiring or adjusting such mortgage obligations. In order to be approved, a State application for a grant for carrying out the purpose of this section must: (1) be in accordance with a plan submitted by the State, to be approved by the President, for the implementation of the purpose of this section; (2) designate the State agency for retiring or adjusting said mortgage obligations; (3) provide that the mortgagor shall be required to absorb the damage loss to the entire extent of his equity interest in the property and also agree to pay at least $1,000 of the outstanding mortgage balance; (4) provide that no payments for retiring or adjusting mortgage obligations on a single property shall exceed $30,000; (5) provide regulations to assure equitable treatment among home owners and to prevent unjustified payments or gains to the State, mortgagees or mortgagors; and (6) provide that the State agency will make such reports, in such form and containing such information as the President may from time to time require, and give the President, upon demand, access to the records on which such reports are based. Pub. L. 88451,  4 Aug. 19, 1964 78 Stat. 507 Assistance to Alaska for Reconstruction of Areas Damaged by Earthquake Pub. L. 88451 Aug. 19, 1964 78 Stat. 505  [Section 1. Short Title.] That this Act may be cited as the 1964 Amendments to the Alaska Omnibus Act. Sec. 2. [Congressional Declaration.] The Congress hereby recognizes that the State of Alaska has experienced extensive property loss and damage as a result of the earthquake of March 27, 1964 Sec. 3. [This section added subsec. (f) to section 21 of the Alaska Omnibus Act, Pub. L. 8670 June 25, 1959 73 Stat. 141 Sec. 4. [This section added sections 51 to 57 to the Alaska Omnibus Act, Pub. L. 8670 June 25, 1959 73 Stat. 141 Sec. 5. [Authorization of Appropriations.] There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, which shall be available for obligation until June 30, 1967 June 30, 1967 Pub. L. 91367,  1 July 31, 1970 84 Stat. 691 Sec. 6. [Termination Date.] The authority contained in this Act shall expire on June 30, 1967 (1) the authority conferred by section 53 of the Alaska Omnibus Act [set out above] until the completion of the following urban renewal projects authorized for execution prior to June 30, 1967 (2) the payment of expenditures for any obligation or commitment entered into under this Act prior to June 30, 1967 (As amended Pub. L. 91367,  2 July 31, 1970 84 Stat. 691  Sec February 1, 1965 December 31, 1964 Executive Documents  Delegation of Functions Ex. Ord. No. 11230, under which the functions of the President under sections 44(a) and 45(a) of the Alaska Omnibus Act of June 25, 1959 July 22, 1971 section 301 of Title 3  Proc. No. 3269. Admission of the State of Alaska Into the Union Proc. No. 3269, eff. Jan. 3, 1959 WHEREAS the Congress of the United States by the act approved on July 7, 1958 72 Stat. 339 April 24, 1956 WHEREAS it appears from information before me that a majority of the legal votes cast at an election held on August 26, 1958 section 8(b) of the Act of July 7, 1958 WHEREAS it further appears from information before me that a general election was held on November 25, 1958 July 7, 1958 WHEREAS the Acting Governor of Alaska has certified to me the results of the submission to the people of Alaska of the three propositions set forth in section 8(b) of the act of July 7, 1958 WHEREAS I find and announce that the people of Alaska have duly adopted the propositions required to be submitted to them by the act of July 7, 1958 NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby declare and proclaim that the procedural requirements imposed by the Congress on the State of Alaska to entitle that State to admission into the Union have been complied with in all respects and that admission of the State of Alaska into the Union on an equal footing with the other States of the Union is now accomplished. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington at one minute past noon on this third day of January in the year of our Lord nineteen hundred and fifty-nine, and of the Independence of the United States of America the one hundred and eighty-third.  Dwight D. Eisenhower. [ seal]  Ex. Ord. No. 10857. Termination of Federal Functions in Alaska and Transfer of Property Held by United States Ex. Ord. No. 10857, eff. Dec. 29, 1959 WHEREAS section 6(e) of the act of July 7, 1958 72 Stat. 339 WHEREAS the Secretary of the Interior made such certification to the Congress on April 27, 1959 WHEREAS section 45(a) of the Alaska Omnibus Act ( 73 Stat. 152 July 1, 1964 WHEREAS it appears that it would be in the public interest to delegate to the Secretary of the Interior, to the extent hereinafter indicated, the authority vested in the President by section 45(a) of the Alaska Omnibus Act: NOW, THEREFORE, by virtue of the authority vested in me by section 45(a) of the Alaska Omnibus Act ( 73 Stat. 152 section 301 of title 3 Section July 1, 1943 57 Stat. 301 June 26, 1906 34 Stat. 478 June 6, 1924 43 Stat. 465 December 31, 1959 Sec January 1, 1960 Sec Sec  Dwight D. Eisenhower. United States District Court of Alaska Readiness of United States District Court for District of Alaska to assume functions imposed upon it, see Ex. Ord. No. 10867, eff. Feb. 20, 1960 section 81A of Title 28  21 to 27. Omitted  Editorial Notes Codification Sections 21 to 27, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 21, act Aug. 24, 1912, ch. 387,  1 37 Stat. 512 Section 22, act Aug. 24, 1912, ch. 387,  2 37 Stat. 512 Section 23, act Aug. 24, 1912, ch. 387,  3 37 Stat. 512 Section 24, acts Aug. 24, 1912, ch. 387,  3 37 Stat. 512 July 28, 1956, ch. 772 70 Stat. 713 Section 25, act June 6, 1900, ch. 786,  30 31 Stat. 332 Section 26, act June 6, 1900, ch. 786,  2 31 Stat. 321 Section 27, act June 6, 1900, ch. 786,  2 31 Stat. 321 June 6, 1900  28. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, act June 6, 1900, ch. 786,  17 31 Stat. 328  29 to 38. Omitted  Editorial Notes Codification Sections 29 to 38, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 29, act June 6, 1900, ch. 786 31 Stat. 329 Section 30, acts June 6, 1900, ch. 786,  32 31 Stat. 333 Dec. 16, 1930, ch. 14,  1 46 Stat. 1029 Section 31, act June 6, 1900, ch. 786,  18 31 Stat. 328 Section 32, act June 6, 1900, ch. 786,  19 31 Stat. 329 Section 33, act June 6, 1900, ch. 786,  24 31 Stat. 329 Section 34, act June 6, 1900, ch. 786,  20 31 Stat. 329 Section 35, act June 6, 1900, ch. 786,  21 31 Stat. 329 Section 35a, acts Aug. 5, 1939, ch. 480,  1 53 Stat. 1219 Dec. 11, 1945, ch. 563 59 Stat. 605 Section 35b, acts Aug. 5, 1939, ch. 480,  2 53 Stat. 1219 Dec. 11, 1945, ch. 563 59 Stat. 606 Section 35c, act Aug. 5, 1939, ch. 480,  3 53 Stat. 1219 Section 36, acts June 6, 1900, ch. 786,  32 31 Stat. 333 Dec. 16, 1930, ch. 14,  1 46 Stat. 1029 Section 37, act June 11, 1896, ch. 420,  1 29 Stat. 413 Section 38, act Jan. 3, 1923, ch. 22 42 Stat. 1106  39. Repealed. Oct. 31, 1951, ch. 654,  1(118) 65 Stat. 706   Section, acts Mar. 4, 1907, ch. 2918,  1 34 Stat. 1338 May 24, 1922, ch. 199 42 Stat. 584 Jan. 24, 1923, ch. 42 42 Stat. 1205 June 5, 1924, ch. 264 43 Stat. 427 Mar. 3, 1925, ch. 462 43 Stat. 1181 May 10, 1926, ch. 277,  1 44 Stat. 492 Jan. 12, 1927, ch. 27,  1 44 Stat. 968  40, 41. Omitted  Editorial Notes Codification Sections 40 and 41, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 40, act June 6, 1900, ch. 786,  31 31 Stat. 332 Section 41, acts Jan. 27, 1905, ch. 277,  1 33 Stat. 616 May 14, 1906, ch. 2458,  1 34 Stat. 192 Feb. 6, 1909, ch. 80,  7 35 Stat. 601 Mar. 3, 1913, ch. 109 37 Stat. 728  42. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, acts June 6, 1900, ch. 786,  32 31 Stat. 333 Mar. 3, 1905, ch. 1497,  2 33 Stat. 1266  43 to 45. Omitted  Editorial Notes Codification Sections 43 to 45, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 43, acts June 6, 1900, ch. 786,  33 31 Stat. 333 Dec. 16, 1930, ch. 14,  1 46 Stat. 1029 Section 44, acts Aug. 24, 1912, ch. 387,  9 37 Stat. 514 June 3, 1948, ch. 396 62 Stat. 302 Section 44a, act May 28, 1936, ch. 467,  1 49 Stat. 1388 Section 44b, acts May 28, 1936, ch. 467,  2 49 Stat. 1388 June 14, 1937, ch. 337 50 Stat. 258 Section 44c, act May 28, 1936, ch. 467,  3 49 Stat. 1388 Section 44d, act May 28, 1936, ch. 467,  4 49 Stat. 1389 Section 44e, act May 28, 1936, ch. 467,  5 49 Stat. 1389 Section 44f, act Mar. 6, 1946, ch. 52,  1 60 Stat. 33 Section 44g, act Mar. 6, 1946, ch. 52,  2 60 Stat. 33 Section 44h, act Mar. 6, 1946, ch. 52,  3 60 Stat. 34 Section 44i, act Mar. 6, 1946, ch. 52,  4 60 Stat. 34 Section 45, act Aug. 24, 1912, ch. 387,  9 37 Stat. 514  46. Repealed. July 28, 1956, ch. 772 70 Stat. 712   Section, acts Feb. 6, 1909, ch. 80,  7 35 Stat. 601 Oct. 14, 1942, ch. 601,  2 56 Stat. 782 July 28, 1956, ch. 722 70 Stat. 712  461 to 463. Omitted  Editorial Notes Codification Sections 461 to 463, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 461, act July 28, 1956, ch. 772, title I,  101 70 Stat. 709 Section 462, act July 28, 1956, ch. 772, title I,  102 70 Stat. 709 section 461 of this title Section 463, act July 28, 1956, ch. 772, title II,  202 70 Stat. 711 section 461 of this title  46a. Repealed. July 1, 1944, ch. 373 58 Stat. 714 Aug. 13, 1946, ch. 958,  5 60 Stat. 1049   Section, act Mar. 4, 1929, ch. 707 45 Stat. 1644  46b to 48a. Repealed. July 28, 1956, ch. 772 70 Stat. 712   Section 46b, act June 25, 1910, ch. 424,  1 36 Stat. 852  Section 46c, acts Oct. 14, 1942, ch. 601,  1 56 Stat. 782 July 28, 1956 70 Stat. 712  Section 47, act Jan. 27, 1905, ch. 277,  8 33 Stat. 619  Section 47a, act Oct. 14, 1942, ch. 601,  3 56 Stat. 783  Section 47b, acts Oct. 14, 1942, ch. 601,  6 56 Stat. 783 July 28, 1956, ch. 772 70 Stat. 712  Section 47c, acts Oct. 14, 1942, ch. 601,  7 56 Stat. 784 July 28, 1956, ch. 772 70 Stat. 712  Section 48, acts Oct. 14, 1942, ch. 601,  9 56 Stat. 785 July 28, 1956, ch. 772 70 Stat. 712  Section 48a, acts Oct. 14, 1942, ch. 601,  9 56 Stat. 785 July 21, 1956, ch. 772 70 Stat. 712  49. Omitted  Editorial Notes Codification Section, act Jan. 12, 1927, ch. 27,  1 44 Stat. 968  50, 50a. Repealed. July 28, 1956, ch. 772 70 Stat. 712   Section 50, acts Apr. 24, 1926, ch. 177,  1 44 Stat. 322 Oct. 14, 1942, ch. 601,  4 56 Stat. 783 July 28, 1956, ch. 772 70 Stat. 712  Section 50a, acts Apr. 24, 1926, ch. 177,  2 44 Stat. 322 Oct. 14, 1942, ch. 601,  5 56 Stat. 783 July 28, 1956, ch. 772 70 Stat. 712  50b to 50d1. Omitted  Editorial Notes Codification Sections 50b to 50d1, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 50b, act Mar. 7, 1928, ch. 137,  1 45 Stat. 239 Section 50c, act May 14, 1930, ch. 273,  1 46 Stat. 321 Section 50d, act May 9, 1938, ch. 187,  1 52 Stat. 311 Section 50d1, act June 1, 1944, ch. 220,  1 58 Stat. 266  50e. Appropriations for benefit of natives; purchase of supplies for resale to natives, cooperatives, and Department employees  The Secretary of the Interior is authorized to purchase from appropriations made for the benefit of natives of Alaska, food, clothing, supplies, and materials for resale, under such rules and regulations as he may prescribe, to employees of the Department of the Interior stationed in Alaska and to natives of Alaska and native cooperative associations under his supervision. The proceeds from such sales shall be credited to the appropriation or appropriations current at the date of the deposit thereof into the Treasury and shall be available for the same purposes. ( Feb. 20, 1942, ch. 96 56 Stat. 95  Statutory Notes and Related Subsidiaries Alaska Resupply Program Fund Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1007 Beginning October 1, 1991 Public Law 77457 48 U.S.C. 50e Provided  50f. Disposal of miscellaneous revenues from schools, hospitals, and other Indian Service facilities  After February 20, 1942 section 155 of title 25 ( Feb. 20, 1942, ch. 98 56 Stat. 95  50g to 58. Omitted  Editorial Notes Codification Sections 50g to 58, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 50g, act Aug. 2, 1956, ch. 883,  1 70 Stat. 939 Section 50h, act Aug. 2, 1956, ch. 883,  2 70 Stat. 939 section 50g of this title Section 50i, act Aug. 2, 1956, ch. 883,  3 70 Stat. 939 Section 50j, act Aug. 2, 1956, ch. 883,  4 70 Stat. 940 Section 51, act Mar. 3, 1927, ch. 363,  1 44 Stat. 1392 Section 52, act Mar. 3, 1927, ch. 363,  2 44 Stat. 1393 Section 53, act Mar. 3, 1927, ch. 363,  3 44 Stat. 1393 Section 54, act Mar. 3, 1927, ch. 363,  4 44 Stat. 1393 section 51 of this title Section 55, act Mar. 3, 1927, ch. 363,  5 44 Stat. 1393 Section 56, act Mar. 3, 1927, ch. 363,  6 44 Stat. 1393 Section 57, act Mar. 3, 1927, ch. 363,  7 44 Stat. 1394 Section 58, act Mar. 3, 1927, ch. 363,  8 44 Stat. 1394  61 to 64. Omitted  Editorial Notes Codification Sections 61 to 64, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 61, acts June 6, 1900, ch. 786,  2 31 Stat. 321 May 29, 1928, ch. 901,  1(109) 45 Stat. 994 July 25, 1947, ch. 332,  1 61 Stat. 459 Section 62, acts June 6, 1900, ch. 786,  10 31 Stat. 325 Mar. 3, 1925, ch. 462 43 Stat. 1181 Mar. 4, 1931, ch. 516 46 Stat. 1530 June 25, 1948, ch. 646,  13 62 Stat. 987 Oct. 15, 1949, ch. 695,  5(a) 63 Stat. 880 Mar. 3, 1925 Mar. 4, 1931 Oct. 15, 1949 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 646 Section 63, acts June 6, 1900, ch. 786,  10 31 Stat. 325 June 25, 1948, ch. 646,  13 62 Stat. 987 Section 64, act June 6, 1900, ch. 786,  2 31 Stat. 321  65. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section, act Mar. 3, 1905, ch. 1497,  3 33 Stat. 1266  65a. Repealed. Apr. 3, 1944, ch. 155,  2 58 Stat. 187   Section, act Mar. 4, 1931, ch. 516 46 Stat. 1530  65b, 66. Omitted  Editorial Notes Codification Sections 65b, 66, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 65b, act Apr. 3, 1944, ch. 155,  1 58 Stat. 187 Section 66, act Mar. 3, 1905, ch. 1497,  1 33 Stat. 1265  67 to 72. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 642   Section 67, acts Aug. 24, 1912, ch. 387,  4 37 Stat. 513 Nov. 13, 1942, ch. 637,  1 56 Stat. 1016  Section 68, acts Aug. 24, 1912, ch. 387,  4 37 Stat. 513 Nov. 13, 1942, ch. 637,  1 56 Stat. 1016  Section 69, acts Aug. 24, 1912, ch. 387,  4 37 Stat. 513 Nov. 13, 1942, ch. 637,  1 56 Stat. 1016  Section 69a, act Aug. 24, 1912, ch. 387,  4 Nov. 13, 1942, ch. 637,  1 56 Stat. 1017  Section 70, acts Aug. 24, 1912, ch. 387,  4 37 Stat. 513 Nov. 13, 1942, ch. 637,  1 56 Stat. 1017  Section 71, acts Aug. 24, 1912, ch. 387,  4 37 Stat. 513 Nov. 13, 1942, ch. 637,  1 56 Stat. 1018  Section 72, acts Aug. 24, 1912, ch. 387,  4 37 Stat. 513 Nov. 13, 1942, ch. 637,  1 56 Stat. 1018  73, 73a. Omitted  Editorial Notes Codification Sections 73 and 73a, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 73, acts Aug. 24, 1912, ch. 387,  5 37 Stat. 513 Mar. 3, 1927, ch. 363,  1 44 Stat. 1392 Mar. 26, 1934, ch. 86,  1 48 Stat. 465 Section 73a, act Mar. 26, 1934, ch. 86,  4 48 Stat. 466  74, 75. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 642   Section 74, acts Aug. 24, 1912, ch. 387,  6 37 Stat. 514 Apr. 18, 1940, ch. 105,  1 54 Stat. 111  Section 75, acts June 19, 1878, ch. 329,  1 20 Stat. 193 Aug. 24, 1912, ch. 387,  7 37 Stat. 514 Nov. 13, 1942, ch. 637,  2 56 Stat. 1018  76 to 92. Omitted  Editorial Notes Codification Sections 76 to 92, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 76, act Aug. 24, 1912, ch. 387,  8 37 Stat. 514 Section 77, acts Aug. 24, 1912, ch. 387,  9 37 Stat. 514 Apr. 13, 1934, ch. 119,  2 48 Stat. 583 June 3, 1948, ch. 396 62 Stat. 302 Section 78, acts Aug. 24, 1912, ch. 387,  9 37 Stat. 514 June 3, 1948, ch. 396 62 Stat. 302 Section 79, acts Aug. 24, 1912, ch. 387,  9 37 Stat. 514 June 3, 1948, ch. 396 62 Stat. 302 Section 80, act Aug. 24, 1912, ch. 387,  3 37 Stat. 512 Section 81, act Aug. 24, 1912, ch. 387,  10 37 Stat. 515 Section 82, act Aug. 24, 1912, ch. 387,  11 37 Stat. 516 Section 83, act Aug. 24, 1912, ch. 387,  11 37 Stat. 516 Section 84, act Aug. 24, 1912, ch. 387,  12 37 Stat. 516 Section 85, act Aug. 24, 1912, ch. 387,  13 37 Stat. 516 Section 86, act Aug. 24, 1912, ch. 387,  14 37 Stat. 516 Section 87, acts Aug. 24, 1912, ch. 387,  15 37 Stat. 516 Nov. 13, 1942, ch. 637,  3 56 Stat. 1018 Section 88, act Aug. 24, 1912, ch. 387,  16 37 Stat. 517 Section 89, act Aug. 24, 1912, ch. 387,  16 37 Stat. 517 Section 90, act Aug. 24, 1912, ch. 387,  20 37 Stat. 518 Section 91, act Aug. 29, 1914, ch. 292 38 Stat. 710 Section 92, act Feb. 18, 1929, ch. 260 45 Stat. 1228  101 to 122. Omitted  Editorial Notes Codification Sections 101 to 122, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 101, acts June 6, 1900, ch. 786,  4 31 Stat. 322 Mar. 3, 1909, ch. 269,  2 35 Stat. 839 Mar. 2, 1921, ch. 110 41 Stat. 1203 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 July 31, 1946, ch. 704,  1 60 Stat. 716 June 1, 1948, ch. 363 62 Stat. 283 June 25, 1948, ch. 646,  9 62 Stat. 986 Aug. 23, 1954, ch. 836 68 Stat. 772 Mar. 2, 1955, ch. 9,  1(g) 69 Stat. 10 Aug. 1, 1955, ch. 443 69 Stat. 430 Section 101a was from a sentence added to R.S.  5296 by act May 24, 1935, ch. 142 49 Stat. 289 act June 29, 1940, ch. 499,  4 54 Stat. 692 The District Court of the Territory of Alaska shall be deemed a court of the United States, and the commissioners appointed by the judges of the said District Court of the Territory of Alaska under the provisions of title I, chapter 1, section 6, of the act of June 6, 1900 31 Stat. 323 section 641 of title 18 Section 102, acts June 6, 1900, ch. 786,  4 31 Stat. 322 Mar. 3, 1909, ch. 269,  2 35 Stat. 839 Mar. 2, 1921, ch. 110 41 Stat. 1203 Nov. 22, 1943, ch. 304 57 Stat. 591 Section 103, act June 6, 1900, ch. 786,  5 31 Stat. 323 Section 103a, act June 6, 1900, ch. 786,  5a July 18, 1949, ch. 343,  1 63 Stat. 445 Section 104, act June 6, 1900, ch. 786,  6 31 Stat. 323 Section 104a, act June 6, 1900, ch. 786,  6 Apr. 13, 1954, ch. 136 68 Stat. 52 Section 105, acts June 6, 1900, ch. 786,  12 31 Stat. 326 June 25, 1948, ch. 646 62 Stat. 914 Section 106, acts June 6, 1900, ch. 786,  7 31 Stat. 324 Mar. 3, 1909, ch. 269,  3 35 Stat. 840 June 13, 1940, ch. 350 54 Stat. 384 June 25, 1948, ch. 646,  10 62 Stat. 987 Section 107, acts June 6, 1900, ch. 786,  10 31 Stat. 325 June 25, 1948, ch. 646 62 Stat. 987 Section 108, act June 6, 1900, ch. 786,  6 31 Stat. 323 Section 109, acts June 6, 1900, ch. 786,  8 31 Stat. 324 Mar. 3, 1909, ch. 269,  4 35 Stat. 841 June 25, 1948, ch. 646,  11 62 Stat. 987 Section 110, acts June 6, 1900, ch. 786 31 Stat. 324 June 25, 1948, ch. 646 62 Stat. 987 Section 111, acts Mar. 3, 1899, ch. 429,  459 30 Stat. 1336 Jan. 22, 1902, ch. 3 32 Stat. 2 Section 112, acts June 6, 1900, ch. 786,  10 31 Stat. 325 June 25, 1948, ch. 646,  13 62 Stat. 987 Section 113, acts June 6, 1900, ch. 786,  10 31 Stat. 325 June 25, 1948, ch. 646,  13 62 Stat. 987 Section 114, acts June 6, 1900, ch. 786,  10 31 Stat. 325 Apr. 6, 1914, ch. 52,  1 38 Stat. 318 June 25, 1948, ch. 646,  13 62 Stat. 987 Section 115, act Jan. 3, 1923, ch. 21, title II 42 Stat. 1083 Section 116, acts June 6, 1900, ch. 786,  11 31 Stat. 326 Mar. 3, 1909, ch. 269,  5 35 Stat. 841 Section 116a, acts Mar. 15, 1948, ch. 121 62 Stat. 80 July 12, 1952, ch. 701 66 Stat. 592 Aug. 1, 1956, ch. 864 70 Stat. 921 Section 117, act June 6, 1900, ch. 786,  13 31 Stat. 326 Section 118, act June 6, 1900, ch. 786,  14 31 Stat. 327 Section 119, act June 6, 1900, ch. 786,  15 31 Stat. 327 Section 120, act June 6, 1900, ch. 786,  16 31 Stat. 328 Section 121, act Aug. 29, 1914, ch. 292 38 Stat. 710 Section 122, act Apr. 11, 1928, ch. 353 45 Stat. 422  131. Omitted  Editorial Notes Codification Section, act May 7, 1906, ch. 2083,  1 34 Stat. 169  132, 134. Repealed. Pub. L. 89554,  8(a) Sept. 8, 1966 80 Stat. 640   Section 132, act May 7, 1906, ch. 2083,  2 34 Stat. 170  Section 134, act May 7, 1906, ch. 2083,  2 34 Stat. 170  135 to 149. Omitted  Editorial Notes Codification Sections 135 to 149, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 135, act May 7, 1906, ch. 2083,  3 34 Stat. 170 Section 136, act May 7, 1906, ch. 2083,  4 34 Stat. 170 Section 137, act May 7, 1906, ch. 2083,  5 34 Stat. 171 Section 138, act May 7, 1906, ch. 2083,  6 34 Stat. 171 Section 139, act May 7, 1906, ch. 2083,  8 34 Stat. 172 Section 140, act May 7, 1906, ch. 2083,  7 34 Stat. 172 Section 141, act May 7, 1906, ch. 2083,  9 34 Stat. 172 Section 142, act May 7, 1906, ch. 2083,  10 34 Stat. 172 Section 143, act May 7, 1906, ch. 2083,  11 34 Stat. 173 Section 144, acts May 7, 1906, ch. 2083,  12 34 Stat. 173 Aug. 24, 1912, ch. 387,  17 37 Stat. 517 Section 144a, act Mar. 26, 1934, ch. 86,  3 48 Stat. 465 Section 144b, act Mar. 26, 1934, ch. 86,  4 48 Stat. 466 Section 145, acts Aug. 24, 1912, ch. 387,  17 37 Stat. 517 Mar. 26, 1934, ch. 86,  1 48 Stat. 465 Section 146, act May 7, 1906, ch. 2083,  13 34 Stat. 174 Section 147, acts May 7, 1906, ch. 2083,  13 34 Stat. 174 May 25, 1950, ch. 199 64 Stat. 191 Section 148, act May 7, 1906, ch. 2083,  14 34 Stat. 174 Section 149, act May 7, 1906, ch. 2083,  15 34 Stat. 174  161 to 170a. Omitted  Editorial Notes Codification Sections 161 to 170a, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 161, act Jan. 27, 1905, ch. 277,  3 33 Stat. 617 Section 162, acts Jan. 27, 1905, ch. 277,  4 33 Stat. 617 Mar. 3, 1905, ch. 1491 33 Stat. 1262 Section 163, acts Jan. 27, 1905, ch. 277,  4 33 Stat. 617 Mar. 3, 1905, ch. 1491 33 Stat. 1262 Section 164, acts Jan. 27, 1905, ch. 277,  4 33 Stat. 617 Mar. 3, 1905, ch. 1491 33 Stat. 1262 Section 165, act Jan. 27, 1905, ch. 277,  6 33 Stat. 619 Section 166, act Jan. 27, 1905, ch. 277,  5 33 Stat. 617 Section 167, act Jan. 27, 1905, ch. 277,  5 33 Stat. 617 Section 168, acts Jan. 27, 1905, ch. 277,  5 33 Stat. 617 June 1, 1938, ch. 312 52 Stat. 607 Section 169, act Jan. 27, 1905, ch. 277,  7 33 Stat. 619 Section 170, act Mar. 3, 1917, ch. 167 39 Stat. 1131 Section 170a, act May 14, 1930, ch. 273,  1 46 Stat. 321  171. Repealed. Pub. L. 87304,  9(a)(1) Sept. 26, 1961 75 Stat. 664   Section, act Mar. 21, 1906 34 Stat. 824  172, 173. Omitted  Editorial Notes Codification Sections 172 and 173, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 172, act Mar. 3, 1909, ch. 266 35 Stat. 837 Section 173, act Feb. 25, 1925, ch. 320,  1 43 Stat. 978  174. Repealed. Oct. 31, 1951, ch. 654,  1(125) 65 Stat. 706   Section, act Feb. 25, 1925, ch. 320,  2 43 Stat. 978  175, 175a. Omitted  Editorial Notes Codification Sections 175 and 175a, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 175, act July 31, 1946, ch. 719,  1 60 Stat. 750 Section 175a, act July 31, 1946, ch. 719,  2 60 Stat. 751  191 to 213. Omitted  Editorial Notes Codification Sections 191 to 213, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 191, act May 31, 1920, ch. 217 41 Stat. 716 Section 192, acts Jan. 13, 1925, ch. 75,  5 43 Stat. 741 Feb. 14, 1931, ch. 185,  3 46 Stat. 1111 June 25, 1938, ch. 686,  3 52 Stat. 1170 July 1, 1943, ch. 183 57 Stat. 304 Section 193, acts Jan. 13, 1925, ch. 75,  6 43 Stat. 742 July 1, 1943, ch. 183 57 Stat. 305 Section 194, act Jan. 13, 1925, ch. 75,  7 43 Stat. 742 Section 195, acts Jan. 13, 1925, ch. 75,  7 43 Stat. 743 July 1, 1943, ch. 183 57 Stat. 305 Section 196, acts Jan. 13, 1925, ch. 75,  7 43 Stat. 743 Feb. 4, 1931, ch. 185,  4 46 Stat. 1112 July 1, 1943, ch. 183 57 Stat. 305 Section 197, acts Jan. 13, 1925, ch. 75,  8 43 Stat. 743 July 1, 1943, ch. 183 57 Stat. 305 Section 198, acts Jan. 13, 1925, ch. 75,  9 43 Stat. 743 Feb. 14, 1931, ch. 185,  5 46 Stat. 1112 June 25, 1938, ch. 686,  4 52 Stat. 1170 Oct. 10, 1940, ch. 54 July 1, 1943, ch. 183 57 Stat. 306 Section 199, acts Jan. 13, 1925, ch. 75,  10 43 Stat. 744 Feb. 14, 1931, ch. 185 46 Stat. 1112 June 25, 1938, ch. 686,  5 52 Stat. 1172 July 1, 1943, ch. 183 57 Stat. 306 Section 200, acts Jan. 13, 1925, ch. 75,  11 43 Stat. 746 July 1, 1943, ch. 183 57 Stat. 310 Section 201, acts Jan. 13, 1925, ch. 75,  13 43 Stat. 746 Feb. 14, 1931, ch. 185,  12 46 Stat. 1114 July 1, 1943, ch. 183 57 Stat. 310 Section 202, acts Jan. 13, 1925, ch. 75,  15 43 Stat. 747 Feb. 14, 1931, ch. 185,  13 46 Stat. 1114 June 25, 1938, ch. 686,  6 52 Stat. 1172 July 1, 1943, ch. 183 57 Stat. 311 Section 202a, acts Jan. 13, 1925, ch. 75,  16 43 Stat. 747 Feb. 14, 1931, ch. 185,  14 46 Stat. 1114 July 1, 1943, ch. 183 57 Stat. 312 Section 202b, act Jan. 13, 1925, ch. 75,  12 43 Stat. 746 July 1, 1943, ch. 183 57 Stat. 310 Section 203, act Jan. 13, 1925, ch. 75,  19 July 1, 1943, ch. 183 57 Stat. 312 Section 204, act Jan. 13, 1925, ch. 75,  18 July 1, 1943, ch. 183 57 Stat. 312 Section 204a, acts Jan. 13, 1925, ch. 75,  17 43 Stat. 747 July 1, 1943, ch. 183 57 Stat. 312 Section 205, acts Jan. 13, 1925, ch. 75,  1 43 Stat. 739 Jan. 13, 1925, ch. 75,  20 July 1, 1943, ch. 183 57 Stat. 312 Section 206, acts Jan. 13, 1925, ch. 75,  2 43 Stat. 739 Feb. 14, 1931, ch. 185,  1 46 Stat. 1111 June 25, 1938, ch. 686,  1 52 Stat. 1169 July 1, 1943, ch. 183 57 Stat. 301 Section 207, acts Jan. 13, 1925, ch. 75,  3 43 Stat. 740 Feb. 14, 1931, ch. 185,  2 46 Stat. 1111 June 25, 1938, ch. 686,  2 52 Stat. 1170 July 1, 1943, ch. 183 57 Stat. 303 Apr. 20, 1949, ch. 81 63 Stat. 56 Section 208, acts Jan. 13, 1925, ch. 75,  4 43 Stat. 740 July 1, 1943, ch. 183 57 Stat. 303 July 23, 1953, ch. 238 67 Stat. 185 Section 209, acts Jan. 13, 1925, ch. 75,  4 43 Stat. 740 July 1, 1943, ch. 183 57 Stat. 303 Section 210, acts Jan. 13, 1925, ch. 75,  4 43 Stat. 740 July 1, 1943, ch. 183 57 Stat. 304 July 24, 1947, ch. 307,  1 61 Stat. 415 Section 211, acts Jan. 13, 1925, ch. 75,  4 43 Stat. 740 July 1, 1943, ch. 183 57 Stat. 304 Section 212, acts Aug. 18, 1894, ch. 301,  1 28 Stat. 391 Feb. 14, 1903, ch. 552,  7 32 Stat. 828 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 May 31, 1920, ch. 217 41 Stat. 716 Section 213, act May 31, 1920, ch. 217 41 Stat. 717  220 to 224. Omitted  Editorial Notes Codification Sections 220 to 224, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 220, act Feb. 14, 1903, ch. 552,  7 32 Stat. 828 Section 221, acts June 6, 1924, ch. 272,  1 43 Stat. 464 June 18, 1926, ch. 621 44 Stat. 752 Section 222, acts June 6, 1924, ch. 272,  1 43 Stat. 464 June 18, 1926, ch. 621 44 Stat. 752 Section 222a, acts June 6, 1924, ch. 272,  1 43 Stat. 464 Aug. 14, 1937, ch. 622 50 Stat. 639 Apr. 7, 1938, ch. 110 52 Stat. 208 Section 223, acts June 6, 1924, ch. 272,  1 43 Stat. 464 June 18, 1926, ch. 621 44 Stat. 752 Section 223a, acts June 6, 1924, ch. 272,  1 43 Stat. 464 June 18, 1926, ch. 621 44 Stat. 752 Section 223b, acts June 6, 1924, ch. 272,  1 43 Stat. 464 Aug. 2, 1937, ch. 556 50 Stat. 557 Section 224, acts June 6, 1924, ch. 272,  1 43 Stat. 464 June 18, 1926, ch. 621 44 Stat. 752  225. Repealed. Pub. L. 85296 Sept. 4, 1957 71 Stat. 617   Section, act June 6, 1924, ch. 272,  2 43 Stat. 465  226 to 239. Omitted  Editorial Notes Codification Sections 226 to 239, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 226, act June 6, 1924, ch. 272,  6 43 Stat. 466 Section 227, act June 6, 1924, ch. 272,  6 43 Stat. 466 Section 228, act June 6, 1924, ch. 272,  8 43 Stat. 467 Section 229, act May 31, 1920, ch. 217 41 Stat. 717 Section 230, act June 26, 1906, ch. 3547,  1 34 Stat. 478 Section 231, acts June 26, 1906, ch. 3547,  2 34 Stat. 478 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 Section 232, acts June 26, 1906, ch. 3547,  4 34 Stat. 479 June 6, 1924, ch. 272,  4 43 Stat. 466 Section 233, acts June 26, 1900, ch. 3547,  3 34 Stat. 479 June 6, 1924, ch. 272,  3 43 Stat. 465 Apr. 16, 1934, ch. 146,  1 48 Stat. 594 Mar. 16, 1955, ch. 12 69 Stat. 12 Section 234, acts June 26, 1906, ch. 3547,  5 34 Stat. 479 June 6, 1924, ch. 272,  5 43 Stat. 466 July 2, 1940, ch. 514 54 Stat. 723 Section 235, acts June 26, 1906, ch. 3547,  7 34 Stat. 480 Feb. 28, 1929, ch. 365 45 Stat. 1349 Section 236, act June 26, 1906, ch. 3547,  8 34 Stat. 480 Section 237, act June 26, 1906, ch. 3547,  9 34 Stat. 480 Section 238, acts June 26, 1906, ch. 3547,  10 34 Stat. 480 Mar. 4, 1913, ch. 141,  1 Section 239, acts June 26, 1906, ch. 3547,  11 34 Stat. 480 Mar. 4, 1913, ch. 141,  1 37 Stat. 736  240. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 637   Section, acts June 4, 1897, ch. 2,  1 30 Stat. 29 June 23, 1913, ch. 3 38 Stat. 63  241 to 248b. Omitted  Editorial Notes Codification Sections 241 to 248b, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 241, acts June 26, 1906, ch. 3547,  12 34 Stat. 480 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 Section 242, acts June 26, 1906, ch. 3547,  14 34 Stat. 481 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 Section 243, acts June 14, 1906, ch. 3299,  1 34 Stat. 263 June 25, 1938, ch. 689 52 Stat. 1174 Section 244, act June 14, 1906, ch. 3299,  2 34 Stat. 264 Section 245, act June 14, 1906, ch. 3299,  3 34 Stat. 264 Section 246, acts June 14, 1906, ch. 3299,  4 34 Stat. 264 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 Aug. 4, 1949, ch. 393 63 Stat. 495 Section 247, acts June 14, 1906, ch. 3299,  5 34 Stat. 264 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 Jan. 28, 1915, ch. 20,  1 38 Stat. 800 Aug. 4, 1949, ch. 393 63 Stat. 495 Section 248, acts Aug. 18, 1941, ch. 368,  1 55 Stat. 632 June 29, 1956, ch. 460 70 Stat. 372 Section 248a, act Aug. 18, 1941, ch. 368,  2 55 Stat. 633 Section 248b, act Aug. 18, 1941, ch. 368,  3 55 Stat. 633  250 to 250p. Transferred  Editorial Notes Codification Sections 250 to 250n were transferred to sections 500 to 500n, respectively, of Title 25, Indians, and subsequently were omitted from the Code as being of special and not general application. Section 250, act Sept. 1, 1937, ch. 897,  1 50 Stat. 900 Section 250a, act Sept. 1, 1937, ch. 897,  2 50 Stat. 900 Section 250b, act Sept. 1, 1937, ch. 897,  3 50 Stat. 900 Section 250c, act Sept. 1, 1937, ch. 897,  4 50 Stat. 900 Section 250d, act Sept. 1, 1937, ch. 897,  5 50 Stat. 900 Section 250e, act Sept. 1, 1937, ch. 897,  6 50 Stat. 900 Section 250f, act Sept. 1, 1937, ch. 897,  7 50 Stat. 900 Section 250g, act Sept. 1, 1937, ch. 897,  8 50 Stat. 901 Section 250h, act Sept. 1, 1937, ch. 897,  9 50 Stat. 901 Section 250i, act Sept. 1, 1937, ch. 897,  10 50 Stat. 901 Section 250j, act Sept. 1, 1937, ch. 897,  11 50 Stat. 902 Section 250k, act Sept. 1, 1937, ch. 897,  12 50 Stat. 902 Section 250 l act Sept. 1, 1937, ch. 897,  13 50 Stat. 902 Section 250m, act Sept. 1, 1937, ch. 897,  14 50 Stat. 902 Section 250n, act Sept. 1, 1937, ch. 897,  15 50 Stat. 902 Section 250 o act Sept. 1, 1937, ch. 897,  16 50 Stat. 902 section 500 of Title 25 Section 250p, act Sept. 1, 1937, ch. 897,  17 50 Stat. 902 section 500 of Title 25  261 to 291. Repealed. Apr. 13, 1934, ch. 119,  1 48 Stat. 583   Section 261, act Feb. 14, 1917, ch. 53,  1 39 Stat. 903  Section 262, act Feb. 14, 1917, ch. 53,  2 39 Stat. 903  Section 263, act Feb. 14, 1917, ch. 53,  3 39 Stat. 904  Section 264, act Feb. 14, 1917, ch. 53,  4 39 Stat. 904  Section 265, act Feb. 14, 1917, ch. 53,  5 39 Stat. 904  Section 266, act Feb. 14, 1917, ch. 53,  6 39 Stat. 904  Section 267, act Feb. 14, 1917, ch. 53,  25 39 Stat. 908  Section 268, act Feb. 14, 1917, ch. 53,  7 39 Stat. 904  Section 269, act Feb. 14, 1917, ch. 53,  8 39 Stat. 905  Section 270, act Feb. 14, 1917, ch. 53,  9 39 Stat. 905  Section 271, act Feb. 14, 1917, ch. 53,  10 39 Stat. 905  Section 272, act Feb. 14, 1917, ch. 53,  11 39 Stat. 905  Section 273, act Feb. 14, 1917, ch. 53,  12 39 Stat. 906  Section 274, act Feb. 14, 1917, ch. 53,  13 39 Stat. 906  Section 275, act Feb. 14, 1917, ch. 53,  14 39 Stat. 906  Section 276, act Feb. 14, 1917, ch. 53,  15 39 Stat. 906  Section 277, act Feb. 14, 1917, ch. 53,  16 39 Stat. 906  Section 278, act Feb. 14, 1917, ch. 53,  17 39 Stat. 906  Section 279, act Feb. 14, 1917, ch. 53,  18 39 Stat. 907  Section 280, act Feb. 14, 1917, ch. 53,  19 39 Stat. 907  Section 281, act Feb. 14, 1917, ch. 53,  20 39 Stat. 907  Section 282, act Feb. 14, 1917, ch. 53,  21 39 Stat. 907  Section 283, act Feb. 14, 1917, ch. 53,  22 39 Stat. 908  Section 284, act Feb. 14, 1917, ch. 53,  23 39 Stat. 908  Section 285, act Feb. 14, 1917, ch. 53,  24 39 Stat. 908  Section 286, act Feb. 14, 1917, ch. 53,  26 39 Stat. 908  Section 287, act Feb. 14, 1917, ch. 53,  27 39 Stat. 908  Section 288, act Feb. 14, 1917, ch. 53,  28 39 Stat. 908  Section 289, act Feb. 14, 1917, ch. 53,  29 39 Stat. 908  Section 290, act Feb. 14, 1917, ch. 53,  31 39 Stat. 909  Section 291, act Feb. 14, 1917, ch. 53,  32 39 Stat. 909  292, 293. Omitted  Editorial Notes Codification Sections 292 and 293, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 292, act Apr. 13, 1934, ch. 119,  2 48 Stat. 583 Section 293, act Apr. 13, 1934, ch. 119,  3 48 Stat. 584  301. Transferred  Editorial Notes Codification Section, acts Mar. 12, 1914, ch. 37,  1 38 Stat. 305 Apr. 10, 1926, ch. 114 44 Stat. 239 Aug. 4, 1955, ch. 554 69 Stat. 494 section 975 of Title 43  301a. Repealed. Pub. L. 97468, title VI,  615(a)(2) Jan. 14, 1983 96 Stat. 2578   Section, act June 24, 1946, ch. 465 60 Stat. 304 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal by Pub. L. 97468 Jan. 5, 1985 section 1203 of Title 45 section 615(b) of Pub. L. 97468  302 to 308. Transferred  Editorial Notes Codification Section 302, act Mar. 12, 1914, ch. 37,  1 38 Stat. 305 section 975a of Title 43 Section 302a, act May 26, 1900, ch. 586 31 Stat. 206 section 17 of Title 47 Section 303, act Mar. 12, 1914, ch. 37,  1 38 Stat. 305 section 975b of Title 43 Pub. L. 94579,  704(a) Oct. 21, 1976 90 Stat. 2792 Section 304, act Mar. 12, 1914, ch. 37,  1 38 Stat. 505 section 975c of Title 43 Section 305, act Mar. 12, 1914, ch. 37,  1 38 Stat. 505 section 975d of Title 43 Section 306, act Mar. 12, 1914, ch. 37,  3 38 Stat. 307 section 975e of Title 43 Section 307, act Mar. 12, 1914, ch. 37,  1 38 Stat. 305 section 975f of Title 43 Section 308, act Mar. 12, 1914, ch. 37,  4 38 Stat. 307 section 975g of Title 43  309. Repealed. Feb. 10, 1939, ch. 2,  4(a)   Section, act July 18, 1914, ch. 187 38 Stat. 517  310, 311. Omitted  Editorial Notes Codification Sections 310 and 311, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 310, act May 26, 1900, ch. 586 31 Stat. 206 Section 311, act May 23, 1941, ch. 130,  1 55 Stat. 190  312 to 312d. Repealed. Pub. L. 10458, title I,  104(g)(1) Nov. 28, 1995 109 Stat. 560   Section 312, acts July 31, 1950, ch. 510,  1 64 Stat. 382 Aug. 13, 1953, ch. 430,  1(1) 67 Stat. 574 Oct. 30, 1984 Pub. L. 98552,  4 98 Stat. 2823  Section 312a, acts July 31, 1950, ch. 510,  2 64 Stat. 382 Aug. 13, 1953, ch. 430,  1(3) 67 Stat. 574  Section 312b, act July 31, 1950, ch. 510,  3 64 Stat. 383  Section 312c, act July 31, 1950, ch. 510,  4 64 Stat. 383  Section 312d, act July 31, 1950, ch. 510,  5 64 Stat. 383 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 2, 1997 section 104(g)(1) of Pub. L. 10458 section 7152 of Title 42  315 to 315i. Omitted  Editorial Notes Codification Sections 315 to 315i, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 315, acts May 31, 1938, ch. 298,  1 52 Stat. 589 July 24, 1946, ch. 610,  1 60 Stat. 659 Section 315a, acts May 31, 1938, ch. 298,  2 52 Stat. 589 July 24, 1946, ch. 610,  2 60 Stat. 659 Section 315b, act May 31, 1938, ch. 298,  3 52 Stat. 589 Section 315c, act May 31, 1938, ch. 298,  4 52 Stat. 590 Section 315d, act May 31, 1938, ch. 298,  5 52 Stat. 590 Section 315e, acts Jan. 17, 1940, ch. 3,  1 54 Stat. 14 Aug. 18, 1958 Pub. L. 85675,  1 72 Stat. 625 Section 315f, acts Jan. 17, 1940, ch. 3,  2 54 Stat. 15 Aug. 18, 1958 Pub. L. 85675,  1 72 Stat. 626 Section 315g, acts Jan. 17, 1940, ch. 3,  3 54 Stat. 15 Aug. 18, 1958 Pub. L. 85675,  1 72 Stat. 626 Section 315h, act Jan. 17, 1940, ch. 3,  4 54 Stat. 15 Section 315i, Pub. L. 85675,  2 Aug. 18, 1958 72 Stat. 626  321. Omitted  Editorial Notes Codification Section, acts Jan. 27, 1905, ch. 277,  2 33 Stat. 616 May 14, 1906, ch. 2458,  2 34 Stat. 192  321a to 325. Repealed. Pub. L. 8670,  21(d)(6) June 25, 1959 73 Stat. 146   Section 321a, act June 30, 1932, ch. 320,  2 47 Stat. 446  Section 321b, act June 30, 1932, ch. 320,  3 47 Stat. 446  Section 321c, act June 30, 1932, ch. 320,  4 47 Stat. 446  Section 321d, act June 30, 1932, ch. 320,  5 July 24, 1947, ch. 313 61 Stat. 418  Section 322, acts Jan. 27, 1905, ch. 277,  2 33 Stat. 616 May 14, 1906, ch. 2458,  2 34 Stat. 192 June 30, 1932, ch. 320,  1 47 Stat. 446 July 14, 1955, ch. 359 69 Stat. 321  Section 323, acts Jan. 27, 1905, ch. 277,  2 33 Stat. 616 May 14, 1906, ch. 2458,  2 34 Stat. 192 June 30, 1932, ch. 320,  1 47 Stat. 446  Section 324, acts Jan. 27, 1905, ch. 277,  2 33 Stat. 616 May 14, 1906, ch. 2458,  2 34 Stat. 192 June 30, 1932, ch. 320,  1 47 Stat. 446  Section 325, acts Jan. 27, 1905, ch. 277,  2 33 Stat. 616 May 14, 1906, ch. 2458,  2 34 Stat. 192 June 30, 1932, ch. 320,  1 47 Stat. 446 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal of sections 321a to 325 effective July 1, 1959 section 21(d) of Pub. L. 8670 section 103 of Title 23  326 to 330. Omitted  Editorial Notes Codification Sections 326 to 330, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 326, acts Feb. 12, 1925, ch. 225 43 Stat. 930 June 30, 1932, ch. 320,  1 47 Stat. 446 Section 327, acts June 30, 1921, ch. 33,  1 42 Stat. 90 June 30, 1932, ch. 320,  1 47 Stat. 446 Section 328, act July 9, 1918, ch. 143 40 Stat. 863 Section 329, acts Jan. 27, 1905, ch. 277,  2 33 Stat. 616 May 14, 1906, ch. 2458,  2 34 Stat. 192 Section 330, act Apr. 27, 1914, ch. 72 38 Stat. 366  331 to 337. Repealed. Dec. 16, 1930, ch. 14,  1 46 Stat. 1029   Section 331, act Apr. 27, 1904, ch. 1629 33 Stat. 391  Section 332, act Apr. 27, 1904, ch. 1629 33 Stat. 391  Section 333, act Apr. 27, 1904, ch. 1629 33 Stat. 392  Section 334, act Apr. 27, 1904, ch. 1629 33 Stat. 392  Section 335, act Apr. 27, 1904, ch. 1629 33 Stat. 393  Section 336, act Apr. 27, 1904, ch. 1629 33 Stat. 393  Section 337, act Apr. 27, 1904, ch. 1629 33 Stat. 393  338 to 338g. Omitted  Editorial Notes Codification Sections 338 to 338g, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 338, acts Aug. 1, 1956, ch. 840,  1 70 Stat. 888 Apr. 20, 1957 Pub. L. 8516 71 Stat. 14 July 6, 1959 Pub. L. 8678,  1(1) 73 Stat. 161 Section 338a, act Aug. 1, 1956, ch. 840,  2 70 Stat. 888 Section 338b, acts Aug. 1, 1956, ch. 840,  3 70 Stat. 888 Aug. 8, 1958 Pub. L. 85601,  1(a) 72 Stat. 524 Section 338c, act Aug. 1, 1956, ch. 840,  4 70 Stat. 889 Section 338d, act Aug. 1, 1956, ch. 840,  5 70 Stat. 889 Section 338e, act Aug. 1, 1956, ch. 840,  6 70 Stat. 889 Section 338f, acts Aug. 1, 1956, ch. 840,  7 70 Stat. 889 Aug. 8, 1958 Pub. L. 85601,  1(b) 72 Stat. 524 July 6, 1959 Pub. L. 8678,  1(2) 73 Stat. 161 Section 338g, act Aug. 1, 1956, ch. 840,  8 70 Stat. 889 Aug. 8, 1958 Pub. L. 85601,  1(c) 72 Stat. 525  341. Transferred  Editorial Notes Codification Section, act Mar. 30, 1948, ch. 162 62 Stat. 100 section 497a of Title 16  351, 352. Transferred  Editorial Notes Codification Section 351, act Mar. 3, 1889, ch. 424,  1 30 Stat. 1098 section 751a of Title 43 Section 352, acts Mar. 2, 1907, ch. 2537,  4 34 Stat. 1232 Mar. 3, 1925, ch. 462 43 Stat. 1144 Oct. 9, 1942, ch. 584,  2 56 Stat. 779 section 751b of Title 43  353. Repealed. Pub. L. 85508,  6(k) July 7, 1958 72 Stat. 343   Section, acts Mar. 4, 1915, ch. 181,  1 38 Stat. 1214 Mar. 5, 1952, ch. 80 66 Stat. 14 Aug. 5, 1953, ch. 323 67 Stat. 364 Aug. 2, 1956, ch. 892 70 Stat. 954 Aug. 27, 1958 Pub. L. 85771,  3 72 Stat. 929  353a to 362. Transferred  Editorial Notes Codification Section 353a, act May 31, 1938, ch. 304 52 Stat. 593 section 497 of Title 25 Pub. L. 94579,  704(a) Oct. 21, 1976 90 Stat. 2792 Section 354, act Mar. 4, 1915, ch. 181,  2 38 Stat. 1215 section 852 of Title 43 Section 354a, acts Jan. 21, 1929, ch. 92 45 Stat. 10911093 July 12, 1960 Pub. L. 86620 74 Stat. 408 section 852 of Title 43 Section 355, act Mar. 3, 1891, ch. 561,  11 26 Stat. 1099 section 732 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 355a, act May 25, 1926, ch. 379,  1 44 Stat. 629 section 733 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 355b, act May 25, 1926, ch. 379,  2 44 Stat. 630 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 355c, act May 25, 1926, ch. 379,  3 44 Stat. 630 section 735 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 355d, act May 25, 1926, ch. 379,  4 44 Stat. 630 section 736 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 355e, act Feb. 26, 1948, ch. 72 62 Stat. 35 section 737 of Title 43 Section 356, act June 6, 1900, ch. 786,  27 31 Stat. 330 section 280a of Title 25 Section 357, acts May 17, 1906, ch. 2469 34 Stat. 197 Aug. 2, 1956, ch. 891,  1(a) 70 Stat. 954 section 2701 of Title 43 Pub. L. 92203,  18(a) Dec. 18, 1971 85 Stat. 710 Section 357a, act May 17, 1906, ch. 2469,  2 Aug. 2, 1956, ch. 891,  1(e) 70 Stat. 954 section 2702 of Title 43 Pub. L. 92203,  18(a) Dec. 18, 1971 85 Stat. 710 Section 357b, act May 27, 1906, ch. 2469,  3 Aug. 2, 1956, ch. 891,  1(e) 70 Stat. 954 section 2703 of Title 43 Pub. L. 92203,  18(a) Dec. 18, 1971 85 Stat. 710 Section 358, act Mar. 3, 1891, ch. 561,  15 26 Stat. 1101 section 495 of Title 25 Section 358a, act May 1, 1936, ch. 254,  2 49 Stat. 1250 section 496 of Title 25 Pub. L. 94579,  704(a) Oct. 21, 1976 90 Stat. 2792 Section 359, acts May 14, 1898, ch. 299,  10 30 Stat. 413 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1144 section 2704 of Title 43 Pub. L. 94579, title VII,  703(b) Oct. 21, 1976 90 Stat. 2789 Section 360, act July 3, 1926, ch. 745,  1 44 Stat. 821 section 687c of Title 43 Section 361, act July 3, 1926, ch. 745,  2 44 Stat. 822 section 687c1 of Title 43 Section 362, act May 1, 1936, ch. 254,  1 49 Stat. 1250 section 473a of Title 25 section 5119 of Title 25  363. Repealed. June 14, 1926, ch. 578,  5 June 4, 1954, ch. 263 68 Stat. 175   Section, act Oct. 17, 1940, ch. 890,  1 54 Stat. 1192  364 to 365. Transferred  Editorial Notes Codification Section 364, act July 24, 1947, ch. 305 61 Stat. 414 section 738 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 364a, act Aug. 30, 1949, ch. 521,  1 63 Stat. 679 section 687b of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 364b, act Aug. 30, 1949, ch. 521,  2 63 Stat. 679 section 687b1 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 364c, act Aug. 30, 1949, ch. 521,  3 63 Stat. 679 section 687b2 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 364d, act Aug. 30, 1949, ch. 521,  4 63 Stat. 679 section 687b3 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 364e, act Aug. 30, 1949, ch. 521,  5 63 Stat. 679 section 687b4 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 364f, Pub. L. 8866 July 19, 1963 77 Stat. 80 section 687b5 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 365, act Oct. 9, 1942, ch. 584,  6 56 Stat. 779 section 123a of Title 43  366 to 367. Omitted  Editorial Notes Codification Sections 366 to 367, which related to registers at land offices, were omitted in view of Reorg. Plan No. 3 of 1946,  403, eff. July 16, 1946 60 Stat. 1100 Section 366, act Oct. 9, 1942, ch. 584,  2 56 Stat. 779 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 651 Section 366a, act Oct. 9, 1942, ch. 584,  3 56 Stat. 779 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 651 Section 367, act Oct. 9, 1942, ch. 584,  4 56 Stat. 779  367a. Transferred  Editorial Notes Codification Section, act Oct. 9, 1942, ch. 584,  5 56 Stat. 779 section 79d of Title 43  368. Omitted  Editorial Notes Codification Section, act June 5, 1920, ch. 235,  1 41 Stat. 908  371 to 371c. Transferred  Editorial Notes Codification Section 371, acts May 14, 1898, ch. 299,  1 30 Stat. 409 Mar. 3, 1903, ch. 1002 32 Stat. 1028 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1144 Apr. 29, 1950, ch. 137,  1 64 Stat. 94 Aug. 2, 1955, ch. 496,  1 69 Stat. 444 section 270 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 371a, act Apr. 29, 1950, ch. 137,  2 64 Stat. 95 April 29, 1950 section 2705 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 371b, act Apr. 29, 1950, ch. 137,  3 64 Stat. 95 section 371a of this title section 2706 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 371c, acts Apr. 29, 1950, ch. 137,  4 64 Stat. 95 July 11, 1956, ch. 571,  2 70 Stat. 529 section 2707 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789  372. Omitted  Editorial Notes Codification Section, acts June 5, 1920, ch. 265 41 Stat. 1059 Aug. 3, 1955, ch. 496,  3 69 Stat. 444  373 to 385. Transferred  Editorial Notes Codification Section 373, acts July 8, 1916, ch. 228,  1 39 Stat. 352 June 28, 1918, ch. 110 40 Stat. 632 section 2708 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 374, acts July 8, 1916, ch. 228,  1 39 Stat. 352 June 28, 1918, ch. 110 40 Stat. 632 section 2709 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 375, act July 8, 1916, ch. 228,  2 June 28, 1918, ch. 110 40 Stat. 633 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1144 July 11, 1956, ch. 571,  1 70 Stat. 528 section 27010 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 376, acts Mar. 8, 1922, ch. 96,  1 42 Stat. 415 Aug. 23, 1958 Pub. L. 85725,  1 72 Stat. 730 section 27011 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 377, acts Mar. 8, 1922, ch. 96,  2 42 Stat. 416 Aug. 23, 1958 Pub. L. 85725,  2 72 Stat. 730 section 27012 of Title 43 Section 377a, act Mar. 8, 1922, ch. 96,  3 Aug. 17, 1961 Pub. L. 87147 75 Stat. 384 Oct. 3, 1962 Pub. L. 87742 76 Stat. 740 section 27013 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 378, act July 8, 1916, ch. 228,  3 39 Stat. 352 June 28, 1918, ch. 110 40 Stat. 633 section 27014 of Title 43 Pub. L. 94579,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 379, acts Apr. 13, 1926, ch. 121,  1 44 Stat. 243 Apr. 29, 1950, ch. 134,  3 64 Stat. 93 section 27015 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 380, acts Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1144 Apr. 13, 1926, ch. 121,  2 44 Stat. 244 section 27016 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 380a, act Apr. 13, 1926, ch. 121,  3 44 Stat. 244 section 27017 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 381, acts June 6, 1900, ch. 786,  26 31 Stat. 329 May 31, 1938, ch. 297 52 Stat. 588 Aug. 8, 1947, ch. 514,  1 61 Stat. 916 Aug. 14, 1958 Pub. L. 85662 72 Stat. 615 section 49a of Title 30 Section 381a, act May 4, 1934, ch. 211 48 Stat. 663 section 49b of Title 30 Section 381b, act May 4, 1934, ch. 211,  3 48 Stat. 663 section 381a of this title section 49b of Title 30 Section 382, act June 6, 1900, ch. 786,  15 31 Stat. 327 section 49c of Title 30 Section 383, act June 6, 1900, ch. 786,  16 31 Stat. 328 section 49d of Title 30 Section 384, act Mar. 2, 1907, ch. 2559,  1 34 Stat. 1243 section 49e of Title 30 Section 385, act Mar. 2, 1907, ch. 2559,  2 34 Stat. 1243 section 49f of Title 30  386. Repealed. Pub. L. 87260,  1 Sept. 21, 1961 75 Stat. 541   Section, act June 7, 1910, ch. 265 36 Stat. 459 section 30 of Title 30  387 to 391. Repealed. May 4, 1934, ch. 211,  1 48 Stat. 663   Section 387, act Aug. 1, 1912, ch. 269,  1 37 Stat. 242  Section 388, act Aug. 1, 1912, ch. 269,  2 37 Stat. 243  Section 389, act Aug. 1, 1912, ch. 269,  3 37 Stat. 243  Section 390, acts Aug. 1, 1912, ch. 269,  4 37 Stat. 243 Mar. 3, 1925, ch. 442 43 Stat. 1118  Section 391, act Aug. 1, 1912, ch. 269,  5 37 Stat. 243  See, now, sections 35 to 37 of Title 30, Mineral Lands and Mining.  392. Omitted  Editorial Notes Codification Section, act May 14, 1898, ch. 299,  13 30 Stat. 415  395 to 405. Omitted  Editorial Notes Codification Sections 395 to 405, relating to the Territory of Alaska, were omitted in view of the admission of Alaska into the Union. Section 395, act June 25, 1910, ch. 422,  1 36 Stat. 848 Section 396, act June 25, 1910, ch. 422,  2 36 Stat. 848 Section 397, act June 25, 1910, ch. 422,  3 36 Stat. 849 Section 398, act June 25, 1910, ch. 422,  4 36 Stat. 849 Section 399, act June 25, 1910, ch. 422,  5 36 Stat. 849 Section 400, act June 25, 1910, ch. 422,  6 36 Stat. 849 Section 401, act June 25, 1910, ch. 422,  7 36 Stat. 850 Section 402, act June 25, 1910, ch. 422,  8 36 Stat. 850 Section 403, act June 25, 1910, ch. 422,  9 36 Stat. 850 Section 404, act June 25, 1910, ch. 422,  10 36 Stat. 851 Section 405, act June 25, 1910, ch. 422,  11 36 Stat. 851  411 to 423. Transferred  Editorial Notes Codification Section 411, act May 14, 1898, ch. 299,  2 30 Stat. 409 section 9421 of Title 43 Section 412, act May 14, 1898, ch. 299,  3 30 Stat. 410 section 9422 of Title 43 Section 413, acts June 2, 1864, ch. 216,  3 13 Stat. 357 May 14, 1898, ch. 299,  4 30 Stat. 410 section 9423 of Title 43 Section 414, act May 14, 1898, ch. 299,  4 30 Stat. 410 section 9424 of Title 43 Section 415, act May 14, 1898, ch. 299,  5 30 Stat. 410 section 9425 of Title 43 Section 416, act May 14, 1898, ch. 299,  6 30 Stat. 411 section 9426 of Title 43 Section 417, act May 14, 1898, ch. 299,  7 30 Stat. 412 section 9427 of Title 43 Section 418, act May 14, 1898, ch. 299,  8 30 Stat. 412 section 9428 of Title 43 Section 419, act May 14, 1898, ch. 299,  9 30 Stat. 413 section 9429 of Title 43 Section 420, act Aug. 1, 1956, ch. 848,  1 70 Stat. 898 section 971a of Title 43 Section 420a, act Aug. 1, 1956, ch. 848,  2 70 Stat. 898 section 971b of Title 43 Section 420b, act Aug. 1, 1956, ch. 848,  3 70 Stat. 898 section 971c of Title 43 Section 420c, act Aug. 1, 1956, ch. 848,  4 70 Stat. 898 section 971d of Title 43 Section 420d, act Aug. 1, 1956, ch. 848,  5 June 11, 1960 Pub. L. 86512 74 Stat. 207 section 971e of Title 43 Section 421, acts May 14, 1898, ch. 299,  11 30 Stat. 414 Oct. 28, 1921, ch. 114,  1 42 Stat. 208 Mar. 3, 1925, ch. 462 43 Stat. 1144 section 615a of Title 16 Section 422, acts Feb. 1, 1905, ch. 288,  2 33 Stat. 628 June 5, 1920, ch. 235,  1 41 Stat. 917 section 615b of Title 16 Section 423, acts May 14, 1898, ch. 299,  11 30 Stat. 414 June 15, 1938, ch. 427 52 Stat. 699 section 607a of Title 16  431. Omitted  Editorial Notes Codification Section, acts June 6, 1900, ch. 796 31 Stat. 658 Apr. 28, 1904, ch. 1772,  4 33 Stat. 526  432. Repealed. Pub. L. 86252,  1 Sept. 9, 1959 73 Stat. 490   Section, act Oct. 20, 1914, ch. 330,  1 38 Stat. 741  433. Repealed. Pub. L. 85508,  20 July 7, 1958 72 Stat. 351   Section, act Oct. 20, 1914, ch. 330,  2 38 Stat. 742  434 to 445. Repealed. Pub. L. 86252,  1 Sept. 9, 1959 73 Stat. 490   Section 434, act Oct. 20, 1914, ch. 330,  3 38 Stat. 742  Section 435, act Oct. 20, 1914, ch. 330,  4 38 Stat. 742  Section 436, act Oct. 20, 1914, ch. 330,  5 38 Stat. 743 section 205 of Title 30  Section 437, act Oct. 20, 1914, ch. 330,  9 38 Stat. 744 section 207 of Title 30  Section 438, act Oct. 20, 1914, ch. 330,  9 38 Stat. 744 section 207 of Title 30  Section 438a, act Oct. 20, 1914, ch. 330,  19 June 6, 1934, ch. 405 48 Stat. 909 section 209 of Title 30  Section 439, acts Oct. 20, 1914, ch. 330,  9 38 Stat. 744 July 10, 1957 Pub. L. 8588,  1 71 Stat. 282 July 7, 1958 Pub. L. 85508,  28(a) 72 Stat. 351 section 191 of Title 30  Section 440, acts Oct. 20, 1914, ch. 330,  6 38 Stat. 743 Feb. 21, 1944, ch. 18 58 Stat. 18  Section 441, acts Oct. 20, 1914, ch. 330,  7 38 Stat. 743 Feb. 21, 1944, ch. 18 58 Stat. 18  Section 442, acts Oct. 20, 1914, ch. 330,  8 Feb. 21, 1944, ch. 18 58 Stat. 18  Section 443, act Oct. 20, 1914, ch. 330,  8a 38 Stat. 743 section 184(k) of Title 30  Section 444, acts Oct. 20, 1914, ch. 330,  3 38 Stat. 742 Mar. 4, 1921, ch. 152 41 Stat. 1363 section 201(b) of Title 30  Section 445, act Oct. 20, 1914, ch. 330,  10 38 Stat. 744 section 208 of Title 30  445a. Transferred  Editorial Notes Codification Section, act July 19, 1932, ch. 513 47 Stat. 707 section 208a of Title 30 Pub. L. 97468, title VI,  615(a)(3) Jan. 14, 1983 96 Stat. 2578  446 to 452. Repealed. Pub. L. 86252,  1 Sept. 9, 1959 73 Stat. 490   Section 446, act Oct. 20, 1914, ch. 330,  11 38 Stat. 744  Section 447, act Oct. 20, 1914, ch. 330,  12 38 Stat. 744  Section 448, act Oct. 20, 1914, ch. 330,  13 38 Stat. 744  Section 449, act Oct. 20, 1914, ch. 330,  14 38 Stat. 744  Section 450, act Oct. 20, 1914, ch. 330,  16 38 Stat. 745  Section 451, act Oct. 20, 1914, ch. 330,  17 38 Stat. 745 section 189 of Title 30  Section 452, act Oct. 20, 1914, ch. 330,  15 38 Stat. 745 section 193 of Title 30  453. Transferred  Editorial Notes Codification Section, act May 28, 1908, ch. 211,  2 35 Stat. 424 section 193a of Title 30  455 to 456h. Omitted  Editorial Notes Codification Sections 455 to 456h, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 455, Pub. L. 85303,  1 Sept. 7, 1957 71 Stat. 623 Section 455a, Pub. L. 85303,  2 Sept. 7, 1957 71 Stat. 623 Section 455b, Pub. L. 85303,  3 Sept. 7, 1957 71 Stat. 624 Section 455c, Pub. L. 85303,  4 Sept. 7, 1957 71 Stat. 625 Section 455d, Pub. L. 85303,  5 Sept. 7, 1957 71 Stat. 625 Section 455e, Pub. L. 85303,  6 Sept. 7, 1957 71 Stat. 625 Section 456, Pub. L. 85505,  1 July 3, 1958 72 Stat. 322 Section 456a, Pub. L. 85505,  2 July 3, 1958 72 Stat. 323 Section 456b, Pub. L. 85505,  3 July 3, 1958 72 Stat. 323 Section 456c, Pub. L. 85505,  4 July 3, 1958 72 Stat. 323 Section 456d, Pub. L. 85505,  5 July 3, 1958 72 Stat. 323 Section 456e, Pub. L. 85505,  6 July 3, 1958 72 Stat. 323 Section 456f, Pub. L. 85505,  7 July 3, 1958 72 Stat. 324 Section 456g, Pub. L. 85505,  9 July 3, 1958 72 Stat. 324 Section 456h, Pub. L. 85505,  11 July 3, 1958 72 Stat. 325  461 to 466. Transferred  Editorial Notes Codification Section 461, acts May 14, 1898, ch. 299,  10 30 Stat. 413 Mar. 3, 1927, ch. 323 44 Stat. 1364 May 26, 1934, ch. 357 48 Stat. 809 Aug. 23, 1958 Pub. L. 85725,  3 72 Stat. 730 section 687a of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 461a, act Apr. 29, 1950, ch. 137,  5 64 Stat. 95 section 461 of this title section 687a1 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 462, acts May 14, 1898, ch. 299,  10 30 Stat. 413 Aug. 3, 1955, ch. 496,  2 69 Stat. 444 section 687a2 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 463, act May 14, 1898, ch. 299,  10 30 Stat. 413 section 687a3 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 464, act May 14, 1898, ch. 299,  10 30 Stat. 413 section 687a4 of Title 43 Pub. L. 94579,  704(a) Oct. 21, 1976 90 Stat. 2792 Section 465, act May 14, 1898, ch. 299,  10 30 Stat. 413 section 687a5 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789 Section 466, acts Mar. 3, 1891, ch. 561,  13 26 Stat. 1100 Mar. 3, 1925, ch. 462 43 Stat. 1144 section 687a6 of Title 43 Pub. L. 94579, title VII,  703(a) Oct. 21, 1976 90 Stat. 2789  471 to 471o. Transferred  Editorial Notes Codification Section 471, act Mar. 4, 1927, ch. 513,  1 44 Stat. 1452 section 316 of Title 43 Section 471a, act Mar. 4, 1927, ch. 513,  2 44 Stat. 1452 section 316a of Title 43 Section 471b, act Mar. 4, 1927, ch. 513,  3 44 Stat. 1452 section 316b of Title 43 Section 471c, act Mar. 4, 1927, ch. 513,  4 44 Stat. 1452 section 316c of Title 43 Section 471d, act Mar. 4, 1927, ch. 513,  5 44 Stat. 1453 section 316d of Title 43 Section 471e, act Mar. 4, 1927, ch. 513,  6 44 Stat. 1453 section 316e of Title 43 Section 471f, act Mar. 4, 1927, ch. 513,  7 44 Stat. 1453 section 316f of Title 43 Section 471g, act Mar. 4, 1927, ch. 513,  8 44 Stat. 1453 section 316g of Title 43 Section 471h, act Mar. 4, 1927, ch. 513,  9 44 Stat. 1453 section 316h of Title 43 Section 471i, act Mar. 4, 1927, ch. 513,  10 44 Stat. 1453 section 316i of Title 43 Section 471j, act Mar. 4, 1927, ch. 513,  11 section 316j of Title 43 Section 471k, act Mar. 4, 1927, ch. 513,  12 44 Stat. 1454 section 316k of Title 43 Section 471 l act Mar. 4, 1927, ch. 513,  13 44 Stat. 1454 l Section 471m, act Mar. 4, 1927, ch. 513,  14 44 Stat. 1454 section 316m of Title 43 Section 471n, act Mar. 4, 1927, ch. 513,  15 44 Stat. 1455 o section 316n of Title 43 Section 471 o act Mar. 4, 1927, ch. 513,  16 44 Stat. 1455 o o  472, 472a. Repealed. Oct. 31, 1951, ch. 654,  1(126) 65 Stat. 706   Section 472, act Mar. 27, 1928, ch. 251,  1 45 Stat. 371  Section 472a, act Mar. 27, 1928, ch. 251,  2 45 Stat. 371  473 to 484d. Omitted  Editorial Notes Codification Sections 473 to 484d, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 473, act Dec. 31, 1941, ch. 644,  1 55 Stat. 879 Section 474, act Dec. 31, 1941, ch. 644,  2 55 Stat. 879 Section 475, act Dec. 31, 1941, ch. 644,  3 55 Stat. 879 Section 476, act Dec. 31, 1941, ch. 644,  4 55 Stat. 879 Section 477, act Dec. 31, 1941, ch. 644,  5 55 Stat. 880 Section 478, act Dec. 31, 1941, ch. 644,  6 55 Stat. 880 Section 479, act Dec. 31, 1941, ch. 644,  7 55 Stat. 880 Section 480, acts July 18, 1950, ch. 466 64 Stat. 344 Aug. 11, 1955, ch. 783 69 Stat. 637 Section 480a, acts July 18, 1950, ch. 466 64 Stat. 344 Aug. 11, 1955, ch. 783 69 Stat. 637 Section 480b, act July 18, 1950, ch. 466, title I,  103 64 Stat. 345 Section 481, acts July 21, 1941, ch. 311,  1 55 Stat. 601 July 18, 1950, ch. 466 64 Stat. 345 Section 482, acts July 21, 1941, ch. 311,  2 55 Stat. 602 July 18, 1950, ch. 466 64 Stat. 345 Section 483, acts July 21, 1941, ch. 311,  3 55 Stat. 602 July 18, 1950, ch. 466 64 Stat. 345 Section 483a, act July 21, 1941, ch. 311,  4 July 18, 1950, ch. 466 64 Stat. 345 Section 483b, act July 21, 1941, ch. 311,  5 July 18, 1950, ch. 466 64 Stat. 345 Section 484, acts Apr. 23, 1949, ch. 89,  3 63 Stat. 58 July 14, 1952, ch. 723,  7 66 Stat. 603 Section 484a, act Apr. 23, 1949, ch. 89,  4 63 Stat. 59 Section 484b, act Apr. 23, 1949, ch. 89,  5 63 Stat. 69 Section 484c, act Apr. 23, 1949, ch. 89,  6 63 Stat. 60 Section 484d, act June 27, 1934, ch. 847, title II,  214 Apr. 23, 1949, ch. 89,  2(a) 63 Stat. 57 section 1715d of Title 12  484e. Repealed. Aug. 2, 1954, ch. 649 68 Stat. 622   Section, act Apr. 23, 1949, ch. 89,  2(b) 63 Stat. 58  485 to 486j. Omitted  Editorial Notes Codification Sections 485 to 486, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 485, acts May 28, 1948, ch. 354,  1 62 Stat. 277 Aug. 23, 1958 Pub. L. 85726, title XIV,  1402(d)(1) 72 Stat. 807 Section 485a, act May 28, 1948, ch. 354,  2 62 Stat. 278 Section 485b, act May 28, 1948, ch. 354,  3 62 Stat. 278 Section 485c, acts May 28, 1948, ch. 354,  4 62 Stat. 278 Aug. 23, 1958 Pub. L. 85726, title XIV,  1402(d)(2) 72 Stat. 807 Section 485d, acts May 28, 1948, ch. 354,  5 62 Stat. 278 Oct. 10, 1951, ch. 457 65 Stat. 371 July 3, 1958 Pub. L. 85503 72 Stat. 321 Aug. 23, 1958 Pub. L. 85726, title XIV,  1402(d)(3) 72 Stat. 807 Section 485e, act May 28, 1948, ch. 354,  6 62 Stat. 278 Section 485f, acts May 28, 1948, ch. 354,  7 62 Stat. 278 Oct. 31, 1951, ch. 654,  2(25) 65 Stat. 707 Section 485g, act May 28, 1948, ch. 354,  8 62 Stat. 278 Section 485h, act May 28, 1948, ch. 354,  9 62 Stat. 279 Section 486, act Aug. 24, 1949, ch. 504,  2 63 Stat. 627 Section 486a, act Aug. 24, 1949, ch. 504,  3 63 Stat. 627 Section 486b, act Aug. 24, 1949, ch. 504,  4 63 Stat. 627 Section 486c, acts Aug. 24, 1949, ch. 504,  5 63 Stat. 628 Aug. 30, 1957 Pub. L. 85233,  1 71 Stat. 515 Dec. 23, 1963 Pub. L. 88229 77 Stat. 471 Section 486d, act Aug. 24, 1949, ch. 504,  6 63 Stat. 628 Section 486e, act Aug. 24, 1949, ch. 504,  7 63 Stat. 629 Section 486f, act Aug. 24, 1949, ch. 504,  8 63 Stat. 629 Section 486g, act Aug. 24, 1949, ch. 504,  9 63 Stat. 629 Section 486h, act Aug. 24, 1949, ch. 504,  10 63 Stat. 629 Section 486i, act Aug. 24, 1949, ch. 504,  11 63 Stat. 629 Section 486j, acts Aug. 24, 1949, ch. 504,  12 63 Stat. 629 July 15, 1954, ch. 510 68 Stat. 483 June 30, 1959  487 to 487b. Transferred  Editorial Notes Codification Section 487, act Aug. 9, 1955, ch. 682,  1 69 Stat. 618 section 1962d12 of Title 42 Section 487a, act Aug. 9, 1955, ch. 682,  2 69 Stat. 618 section 1962d13 of Title 42 Section 487b, act Aug. 9, 1955, ch. 682,  3 69 Stat. 618 section 1962d14 of Title 42  488 to 488f. Omitted  Editorial Notes Codification Sections 488 to 488f, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 488, act May 10, 1956, ch. 248,  1 70 Stat. 149 Section 488a, act May 10, 1956, ch. 248,  2 70 Stat. 149 Section 488b, act May 10, 1956, ch. 248,  3 70 Stat. 150 Section 488c, act May 10, 1956, ch. 248,  4 70 Stat. 150 Section 488d, act May 10, 1956, ch. 248,  5 70 Stat. 150 Section 488e, act May 10, 1956, ch. 248,  6 70 Stat. 150 Section 488f, act May 10, 1956, ch. 248,  7 70 Stat. 150 CHAPTER 3 HAWAII    Sec.  491 636. Repealed or Omitted.  DISTRICT COURT  641 644. Repealed.  644a. Jurisdiction of district court of cases arising on or within Midway, Wake, Johnston, Sand, etc., Islands; laws applicable to jury trials.  645 724. Repealed or Omitted.  Admission as State Hawaii was admitted into the Union on August 21, 1959 Aug. 21, 1959 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 Statutory Notes and Related Subsidiaries Hawaii Statehood Pub. L. 863 Mar. 18, 1959 73 Stat. 4  [Sec. 1. Declaration: acceptance, ratification, and confirmation of Constitution.] That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c) of this Act, the State of Hawaii is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Hawaii entitled An Act to provide for a constitutional convention, the adoption of a State constitution, and the forwarding of the same to the Congress of the United States, and appropriating money therefor, approved May 20, 1949 November 7, 1950 Sec. 2. [Territory.] The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of this Act [ March 18, 1959 Sec. 3. [Constitution.] The constitution of the State of Hawaii shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. Sec. 4. [Compact with United States.] As a compact with the United States relating to the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provision of the Constitution of said State, as provided in section 7, subsection (b) of this Act, subject to amendment or repeal only with the consent of the United States, and in no other manner: Provided Sec. 5. [Title to property; land grants; reservation of lands; public school support; submerged lands.] (a) Except as provided in subsection (c) of this section, the State of Hawaii and its political subdivisions, as the case may be, shall succeed to the title of the Territory of Hawaii and its subdivisions in those lands and other properties in which the Territory and its subdivisions now hold title. (b) Except as provided in subsection (c) and (d) of this section, the United States grants to the State of Hawaii, effective upon its admission into the Union, the United States title to all the public lands and other public property, and to all lands defined as available lands by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, within the boundaries of the State of Hawaii, title to which is held by the United States immediately prior to its admission into the Union. The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Hawaii. (c) Any lands and other properties that, on the date Hawaii is admitted into the Union, are set aside pursuant to law for the use of the United States under any (1) Act of Congress, (2) Executive order, (3) proclamation of the President, or (4) proclamation of the Governor of Hawaii shall remain the property of the United States subject only to the limitations, if any, imposed under (1), (2), (3), or (4), as the case may be. (d) Any public lands or other public property that is conveyed to the State of Hawaii by subsection (b) of this section but that, immediately prior to the admission of said State into the Union, is controlled by the United States pursuant to permit, license, of permission, written or verbal, from the Territory of Hawaii or any department thereof may, at any time during the five years following the admission of Hawaii into the Union, be set aside by Act of Congress or by Executive order of the President, made pursuant to law, for the use of the United States, and the lands or property so set aside shall, subject only to valid rights then existing, be the property of the United States. (e) Within five years from the date Hawaii is admitted into the Union, each Federal agency having control over any land or property that is retained by the United States pursuant to subsections (c) and (d) of this section shall report to the President the facts regarding its continued need for such land or property, and if the President determines that the land or property is no longer needed by the United States it shall be conveyed to the State of Hawaii. (f) The lands granted to the State of Hawaii by subsection (b) of this section and public lands retained by the United States under subsections (c) and (d) and later conveyed to the State under subsection (e), together with the proceeds from the sale or other disposition of any such lands and the income therefrom, shall be held by said State as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible for the making of public improvements, and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States. The schools and other educational institutions supported, in whole or in part, out of such public trust shall forever remain under the exclusive control of said State; and no part of the proceeds or income from the lands granted under this Act shall be used for the support of any sectarian or denominational school, college, or university. (g) As used in this Act, the term lands and other properties includes public lands and other public property, and the term public lands and other public property means, and is limited to, the lands and properties that were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation approved July 7, 1898 30 Stat. 750 (h) All laws of the United States reserving to the United States the free use or enjoyment of property which vests in or is conveyed to the State of Hawaii or its political subdivisions pursuant to subsection (a), (b), or (e) of this section or reserving the right to alter, amend, or repeal laws relating thereto shall cease to be effective upon the admission of the State of Hawaii into the Union. (i) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session; 67 Stat. 29 67 Stat. 462 Pub. L. 86624,  41 July 12, 1960 74 Stat. 422 Sec. 6. [Certification by President; proclamation for elections.] As soon as possible after the enactment of this Act, it shall be the duty of the President of the United States to certify such fact to the Governor of the Territory of Hawaii. Thereupon the Governor of the Territory shall, within thirty days after receipt of the official notification of such approval, issue his proclamation for the elections, as hereinafter provided, for officers of all State elective offices provided for by the constitution of the proposed State of Hawaii, and for two Senators and one Representative in Congress. In the first election of Senators from said State the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No identification or designation of either of the two senatorial offices, however, shall refer to or be taken to refer to the term of that office, nor shall any such identification or designation in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned. Sec. 7. [Election of officers; date; propositions; certification of voting results; proclamation by President.] (a) The proclamation of the Governor of Hawaii required by section 6 shall provide for the holding of a primary election and a general election and at such elections the officers required to be elected as provided in section 6 shall be chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Hawaii for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Hawaii may prescribe. The Governor of Hawaii shall certify the results of said elections, as so ascertained, to the President of the United States. (b) At an election designated by proclamation of the Governor of Hawaii, which may be either the primary or the general election held pursuant to subsection (a) of this section, or a Territorial general election, or a special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, the following propositions:  (1) Shall Hawaii immediately be admitted into the Union as a State?  (2) The boundaries of the State of Hawaii shall be as prescribed in the Act of Congress approved __________, (Date of approval of this Act) and all claims of this State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States.  (3) All provisions of the Act of Congress approved __________ (Date of approval of this Act) reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by said State and its people. In the event the foregoing propositions are adopted at said election by a majority of the legal votes cast on said State of Hawaii, ratified by the people at the election held submission, the proposed constitution of the proposed on November 7, 1950 In the event the foregoing propositions are not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall cease to be effective. The Governor of Hawaii is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Hawaii, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States. (c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Hawaii, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 6 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained. Upon the issuance of said proclamation by the President, the State of Hawaii shall be deemed admitted into the Union as provided in section 1 of this Act. Until the said State is so admitted into the Union, the persons holding legislative, executive, and judicial office in, under, or by authority of the government of said Territory, and the Delegate in Congress thereof, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Hawaii into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in, under, or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representative in the manner required by law, and the said Senators and Representative shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. Sec. 8. [House of Representatives membership.] The State of Hawaii upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided August 8, 1911 37 Stat. 13 November 15, 1941 55 Stat. 761 Sec. 9. [Judiciary provisions; amendment.] Effective upon the admission of the State of Hawaii into the Union (a) the United States District Court for the District of Hawaii established by and existing under title 28 of the United States Code shall thenceforth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States: Provided, however (b) the last paragraph of section 133 of title 28 (c) subsection (a) of section 134 of title 28 Sec. 10. [Judicial provisions; amendment.] Effective upon the admission of the State of Hawaii into the Union the second paragraph of section 451 of title 28 Sec. 11. [Judicial provisions; amendment.] Effective upon the admission of the State of Hawaii into the Union (a) the last paragraph of section 501 of title 28 (b) the first sentence of subsection (a) of section 504 of title 28 (c) the first sentence of subsection (c) of section 541 of title 28 (d) subsection (d) of section 541 of title 28 Sec. 12. [Continuation of suits.] No writ, action, indictment, cause, or proceeding pending in any court of the Territory of Hawaii or in the United States District Court for the District of Hawaii shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Hawaii, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein, and all the files, records, indictments, and proceedings relating to any such writ, action, indictment, cause or proceeding shall be transferred to such appropriate State courts and the same shall be proceeded with therein in due course of law. All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, action, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Hawaii in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Hawaii. Sec. 13. [Appeals.] Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Hawaii or the Supreme Court of the Territory of Hawaii in any case finally decided prior to admission of said State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided prior to admission of said State into the Union, and any mandate issued subsequent to the admission of said State shall be to the United States District Court for the District of Hawaii or a court of the State, as may be appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Hawaii and of the Supreme Court of the State of Hawaii as successor to the Supreme Court of the Territory of Hawaii, in any case pending at the time of admission of said State into the Union, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of said State into the Union. Sec. 14. [Judicial and criminal provisions; amendment.] Effective upon the admission of the State of Hawaii into the Union (a) title 28, United States Code, section 1252, is amended by striking out Hawaii and from the clause relating to courts of record; (b) title 28, United States Code, section 1293, is amended by striking out the words First and Ninth Circuits and by inserting in lieu thereof First Circuit, and by striking out the words, supreme courts of Puerto Rico and Hawaii, respectively and inserting in lieu thereof supreme court of Puerto Rico; (c) title 28, United States Code, section 1294, as amended, is further amended by striking out paragraph (4) thereof and by renumbering paragraphs (5) and (6) accordingly; (d) the first paragraph of section 373 of title 28 Provided And provided further (e)  section 92 of the act of April 30, 1900 31 Stat. 159 May 29, 1928 45 Stat. 997 (f) section 86 of the Act approved April 30, 1900 31 Stat. 158 (g)  section 3771 of title 18 (h)  section 3772 of title 18 (i)  section 91 of title 28 (j) the Act of June 15, 1950 64 Stat. 217 Sec. 15. [Laws in effect.] All Territorial laws in force in the Territory of Hawaii at the time of its admission into the Union shall continue in force in the State of Hawaii, except as modified or changed by this Act or by the constitution of the State, and shall be subject to repeal or amendment by the Legislature of the State of Hawaii, except as provided in section 4 of this Act with respect to the Hawaiian Homes Commission Act, 1920, as amended; and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States: Provided Sec. 16. [Hawaii National Park; military and naval lands; civil and criminal jurisdiction.] (a) Notwithstanding the admission of the State of Hawaii into the Union, the United States shall continue to have sole and exclusive jurisdiction over the area which may then or thereafter be included in Hawaii National Park, saving, however, to the State of Hawaii the same rights as are reserved to the Territory of Hawaii by section 1 of the Act of April 19, 1930 46 Stat. 227 (b) Notwithstanding the admission of the State of Hawaii into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are controlled or owned by the United States and held for Defense or Coast Guard purposes, whether such lands were acquired by cession and transfer to the United States by the Republic of Hawaii and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Hawaii for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided Provided, however Sec. 17. [Federal Reserve Act; amendment.] The next to last sentence of the first paragraph of section 2 of the Federal Reserve Act ( 38 Stat. 251 section 19 of the Act of July 7, 1958 72 Stat. 339 Sec. 18. [Maritime matters.] (a) Nothing contained in this Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Hawaii and other ports in the United States, or possessions, or as conferring on the Interstate Commerce Commission jurisdiction over transportation by water between any such ports. (b) Effective on the admission of the State of Hawaii into the Union (1) the first sentence of section 506 of the Merchant Marine Act, 1936 as amended (46 U.S.C. [App.], sec. 1156) [now 46 U.S.C. 53101 (2) section 605(a) of the Merchant Marine Act, 1936, as amended (46 U.S.C. [App.], sec. 1175[(a)]) [now 46 U.S.C. 53101 (3) the second paragraph of section 714 of the Merchant Marine Act, 1936, as amended (46 U.S.C. [App.], sec. 1204) [now 46 U.S.C. 57531 Pub. L. 86624,  46 July 12, 1960 74 Stat. 423 Sec. 19. [United States Nationality.] Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, or restore nationality heretofore lost under any law of the United States or under any treaty to which the United States is or was a party. Sec. 20. [Immigration and Nationality Act; amendments.] (a) Section 101(a)(36) of the Immigration and Nationality Act ( 66 Stat. 170 (b) Section 212(d)(7) of the Immigration and Nationality Act ( 66 Stat. 188 8 U.S.C. 1182(d)(7) (c) The first sentence of section 310(a) of the Immigration and Nationality Act, as amended ( 66 Stat. 239 8 U.S.C. 1421(a) 72 Stat. 351 (d) Nothing contained in this Act shall be held to repeal, amend, or modify the provisions of section 305 of the Immigration and Nationality Act ( 66 Stat. 237 8 U.S.C. 1405 Sec. 21. [Aircraft purchase loans.] Effective upon the admission of the State of Hawaii into the Union, section 3, subsection (b), of the Act of September 7, 1957 71 Stat. 629 Sec. 22. [Severability clause.] If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof in any circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word in other circumstances shall not be affected thereby. Sec. 23. [Repeal of inconsistent laws.] All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Territory or by Congress, are hereby repealed. Hawaiian Home Lands Recovery Pub. L. 10442, title II Nov. 2, 1995 109 Stat. 357  SEC. 201. SHORT TITLE This title may be cited as the Hawaiian Home Lands Recovery Act. SEC. 202. DEFINITIONS. As used in this title: (1)  Agency The term agency includes (A) any instrumentality of the United States; (B) any element of an agency; and (C) any wholly owned or mixed-owned corporation of the United States Government. (2)  Beneficiary The term beneficiary has the same meaning as is given the term native Hawaiian under section 201(7) of the Hawaiian Homes Commission Act [former 48 U.S.C. 692(7) (3)  Chairman The term Chairman means the Chairman of the Hawaiian Homes Commission of the State of Hawaii. (4)  Commission The term Commission means the Hawaiian Homes Commission established by section 202 of the Hawaiian Homes Commission Act [former 48 U.S.C. 693 (5)  Hawaiian homes commission act The term Hawaiian Homes Commission Act means the Hawaiian Homes Commission Act, 1920 ( 42 Stat. 108 Act July 9, 1921, ch. 42 48 U.S.C. 691 (6)  Hawaii state admission act The term Hawaii State Admission Act means the Act entitled An Act to provide for the admission of the State of Hawaii into the Union, approved March 18, 1959 Pub. L. 863 73 Stat. 4 (7)  Lost use The term lost use means the value of the use of the land during the period when beneficiaries or the Hawaiian Homes Commission have been unable to use lands as authorized by the Hawaiian Homes Commission Act because of the use of such lands by the Federal Government after August 21, 1959 (8)  Secretary The term Secretary means the Secretary of the Interior. SEC. 203. SETTLEMENT OF FEDERAL CLAIMS. (a)  Determination. (1) The Secretary shall determine the value of the following: (A) Lands under the control of the Federal Government that (i) were initially designated as available lands under section 203 of the Hawaiian Homes Commission Act [former 48 U.S.C. 697 July 9, 1921 (ii) were nevertheless transferred to or otherwise acquired by the Federal Government. (B) The lost use of lands described in subparagraph (A). (2) (A) Except as provided in subparagraph (B), the determinations of value made under this subsection shall be made not later than 1 year after the date of enactment of this Act [ Nov. 2, 1995 (i) is acceptable to the Chairman; and (ii) is in the best interest of the beneficiaries. (B) The Secretary and the Chairman may mutually agree to extend the deadline for making determinations under this subparagraph beyond the date specified in subparagraph (A). (3) The Secretary and the Chairman may mutually agree, with respect to the determinations of value described in subparagraphs (A) and (B) of paragraph (1), to provide (A) for making any portion of the determinations of value pursuant to subparagraphs (A) and (B) of paragraph (1); and (B) for making the remainder of the determinations with respect to which the Secretary and the Chairman do not exercise the option described in subparagraph (A), pursuant to an appraisal conducted under paragraph (4). (4) (A) Except as provided in subparagraph (C), if the Secretary and the Chairman do not agree on the determinations of value made by the Secretary under subparagraphs (A) and (B) of paragraph (1), or, pursuant to paragraph (3), mutually agree to determine the value of certain lands pursuant to this subparagraph, such values shall be determined by an appraisal. An appraisal conducted under this subparagraph shall be conducted in accordance with appraisal standards that are mutually agreeable to the Secretary and the Chairman. (B) If an appraisal is conducted pursuant to this subparagraph, during the appraisal process (i) the Chairman shall have the opportunity to present evidence of value to the Secretary; (ii) the Secretary shall provide the Chairman a preliminary copy of the appraisal; (iii) the Chairman shall have a reasonable and sufficient opportunity to comment on the preliminary copy of the appraisal; and (iv) the Secretary shall give consideration to the comments and evidence of value submitted by the Chairman under this subparagraph. (C) The Chairman shall have the right to dispute the determinations of values made by an appraisal conducted under this subparagraph. If the Chairman disputes the appraisal, the Secretary and the Chairman may mutually agree to employ a process of bargaining, mediation, or other means of dispute resolution to make the determinations of values described in subparagraphs (A) and (B) of paragraph (1). (b)  Authorization. (1)  Exchange Subject to paragraphs (2) and (5), the Secretary may convey Federal lands described in paragraph (5) to the Department of Hawaiian Home Lands in exchange for the continued retention by the Federal Government of lands described in subsection (a)(1)(A). (2)  Value of lands (A) The value of any lands conveyed to the Department of Hawaiian Home Lands by the Federal Government in accordance with an exchange made under paragraph (1) may not be less than the value of the lands retained by the Federal Government pursuant to such exchange. (B) For the purposes of this subsection, the value of any lands exchanged pursuant to paragraph (1) shall be determined as of the date the exchange is carried out, or any other date determined by the Secretary, with the concurrence of the Chairman. (3)  Lost use Subject to paragraphs (4) and (5), the Secretary may convey Federal lands described in paragraph (5) to the Department of Hawaiian Home Lands as compensation for the lost use of lands determined under subsection (a)(1)(B). (4)  Value of lost use (A) the value of any lands conveyed to the Department of Hawaiian Home Lands by the Federal Government as compensation under paragraph (3) may not be less than the value of the lost use of lands determined under subsection (a)(1)(B). (B) For the purposes of this subparagraph, the value of any lands conveyed pursuant to paragraph (3) shall be determined as of the date that the conveyance occurs, or any other date determined by the Secretary, with the concurrence of the Chairman. (5)  Federal lands for exchange (A) Subject to subparagraphs (B) and (C), Federal lands located in Hawaii that are under the control of an agency (other than lands within the National Park System or the National Wildlife Refuge System) may be conveyed to the Department of Hawaiian Home Lands under paragraphs (1) and (3). To assist the Secretary in carrying out this Act [title], the head of an agency may transfer to the Department of the Interior, without reimbursement, jurisdiction and control over any lands and any structures that the Secretary determines to be suitable for conveyance to the Department of Hawaiian Home Lands pursuant to an exchange conducted under this section. (B) No Federal lands that the Federal Government is required to convey to the State of Hawaii under section 5 of the Hawaii State Admission Act [ section 5 of Pub. L. 863 (C) No Federal lands that generate income (or would be expected to generate income) for the Federal Government may be conveyed pursuant to an exchange made under this paragraph to the Department of Hawaiian Home Lands. (c)  Available Lands. (1)  In general Subject to paragraphs (2) and (3), the Secretary shall require that lands conveyed to the Department of Hawaiian Home Lands under this Act [title] shall have the status of available lands under the Hawaiian Homes Commission Act. (2)  Subsequent exchange of lands Notwithstanding any other provision of law, lands conveyed to the Department of Hawaiian Home Lands under this paragraph may subsequently be exchanged pursuant to section 204(3) of the Hawaiian Home Commission Act [former 48 U.S.C. 698(3) (3)  Sale of certain lands Notwithstanding any other provision of law, the Chairman may, at the time that lands are conveyed to the Department of Hawaiian Home Lands as compensation for lost use under this Act [title], designate lands to be sold. The Chairman is authorized to sell such land under terms and conditions that are in the best interest of the beneficiaries. The proceeds of such a sale may only be used for the purposes described in section 207(a) of the Hawaiian Homes Commission Act [former 48 U.S.C. 701(a) (d)  Consultation In carrying out their respective responsibilities under this section, the Secretary and the Chairman shall (1) consult with the beneficiaries and organizations representing the beneficiaries; and (2) report to such organizations on a regular basis concerning the progress made to meet the requirements of this section. (e)  Hold Harmless Notwithstanding any other provision of law, the United States shall defend and hold harmless the Department of Hawaiian Home Lands, the employees of the Department, and the beneficiaries with respect to any claim arising from the ownership of any land or structure that is conveyed to the Department pursuant to an exchange made under this section prior to the conveyance to the Department of such land or structure. (f)  Screening. (1)  In general Notwithstanding any other provision of law, the Secretary of Defense and the Administrator of General Services shall, at the same time as notice is provided to Federal agencies that excess real property is being screened pursuant to applicable Federal laws (including regulations) for possible transfer to such agencies, notify the Chairman of any such screening of real property that is located within the State of Hawaii. (2)  Response to notification Notwithstanding any other provision of law, not later than 90 days after receiving a notice under paragraph (1), the Chairman may select for appraisal real property, or at the election of the Chairman, portions of real property, that is the subject of a screening. (3)  Selection Notwithstanding any other provision of law, with respect to any real property located in the State of Hawaii that, as of the date of enactment of this Act [ Nov. 2, 1995 (4)  Appraisal Notwithstanding any other provision of law, the Secretary of Defense or the Administrator of General Services shall appriase [sic] the real property or portions of real property selected by the Chairman using the Uniform Standards for Federal Land Acquisition developed by the Interagency Land Acquisition Conference, or such other standard as the Chairman agrees to. (5)  Request for conveyance Notwithstanding any other provision of law, not later than 30 days after the date of completion of such appraisal, the Chairman may request the conveyance to the Department of Hawaiian Home Lands of (A) the appraised property; or (B) a portion of the appraised property, to the Department of Hawaiian Home Lands. (6)  Conveyance Notwithstanding any other provision of law, upon receipt of a request from the Chairman, the Secretary of Defense or the Administrator of the General Services Administration shall convey, without reimbursement, the real property that is the subject of the request to the Department of Hawaiian Home Lands as compensation for lands identified under subsection (a)(1)(A) or lost use identified under subsection (a)(1)(B). (7)  Real property not subject to recoupment Notwithstanding any other provision of law, any real property conveyed pursuant to paragraph (6) shall not be subject to recoupment based upon the sale or lease of the land by the Chairman. (8)  Valuation Notwithstanding any other provision of law, the Secretary shall reduce the value identified under subparagraph (A) or (B) of subsection (a)(1), as determined pursuant to such subsection, by an amount equal to the appraised value of any excess lands conveyed pursuant to paragraph (6). (9)  Limitation No Federal lands that generate income (or would be expected to generate income) for the Federal Government may be conveyed pursuant to this subsection to the Department of Hawaiian Home Lands. SEC. 204. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN HOMES COMMISSION ACT. (a)  Notice to the Secretary Not later than 120 days after a proposed amendment to the Hawaiian Homes Commission Act is approved in the manner provided in section 4 of the Hawaii State Admission Act [ section 4 of Pub. L. 863 (1) a copy of the proposed amendment; (2) the nature of the change proposed to be made by the amendment; and (3) an opinion regarding whether the proposed amendment requires the approval of Congress under section 4 of the Hawaii State Admission Act. (b)  Determination by Secretary Not later than 60 days after receiving the materials required to be submitted by the Chairman pursuant to subsection (a), the Secretary shall determine whether the proposed amendment requires the approval of Congress under section 4 of the Hawaii State Admission Act, and shall notify the Chairman and Congress of the determination of the Secretary. (c)  Congressional Approval Required If, pursuant to subsection (b), the Secretary determines that the proposed amendment requires the approval of Congress, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives (1) a draft joint resolution approving the amendment; (2) a description of the change made by the proposed amendment and an explanation of how the amendment advances the interests of the beneficiaries; (3) a comparison of the existing law (as of the date of submission of the proposed amendment) that is the subject of the amendment with the proposed amendment; (4) a recommendation concerning the advisability of approving the proposed amendment; and (5) any documentation concerning the amendments received from the Chairman. SEC. 205. LAND EXCHANGES. (a)  Notice to the Secretary If the Chairman recommends for approval an exchange of Hawaiian Home Lands, the Chairman shall submit a report to the Secretary on the proposed exchange. The report shall contain (1) a description of the acreage and fair market value of the lands involved in the exchange; (2) surveys and appraisals prepared by the Department of Hawaiian Home Lands, if any; and (3) an identification of the benefits to the parties of the proposed exchange. (b)  Approval or Disapproval. (1)  In general Not later than 120 days after receiving the information required to be submitted by the Chairman pursuant to subsection (a), the Secretary shall approve or disapprove the proposed exchange. (2)  Notification The Secretary shall notify the Chairman, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives of the reasons for the approval or disapproval of the proposed exchange. (c)  Exchanges Initiated by Secretary. (1)  In general The Secretary may recommend to the Chairman an exchange of Hawaiian Home Lands for Federal lands described in section 203(b)(5), other than lands described in subparagraphs (B) and (C) of such section. If the Secretary initiates a recommendation for such an exchange, the Secretary shall submit a report to the Chairman on the proposed exchange that meets the requirements of a report described in subsection (a). (2)  Approval by chairman Not later than 120 days after receiving a recommendation for an exchange from the Secretary under paragraph (1), the Chairman shall provide written notification to the Secretary of the approval or disapproval of a proposed exchange. If the Chairman approves the proposed exchange, upon receipt of the written notification, the Secretary shall notify the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives of the approval of the Chairman of the proposed exchange. (3)  Exchange Upon providing notification pursuant to paragraph (2) of a proposed exchange that has been approved by the Chairman pursuant to this section, the Secretary may carry out the exchange. (d)  Selection and Exchange. (1)  In general Notwithstanding any other provision of law, the Secretary may (A) select real property that is the subject of screening activities conducted by the Secretary of Defense or the Administrator of General Services pursuant to applicable Federal laws (including regulations) for possible transfer to Federal agencies; and (B) make recommendations to the Chairman concerning making an exchange under subsection (c) that includes such real property. (2)  Transfer Notwithstanding any other provision of law, if the Chairman approves an exchange proposed by the Secretary under paragraph (1) (A) the Secretary of Defense or the Administrator of General Services shall transfer the real property described in paragraph (1)(A) that is the subject of the exchange to the Secretary without reimbursement; and (B) the Secretary shall carry out the exchange. (3)  Limitation No Federal lands that generate income (or would be expected to generate income) for the Federal Government may be conveyed pursuant to this subsection to the Department of Hawaiian Home Lands. (e)  Surveys and Appraisals. (1)  Requirement The Secretary shall conduct a survey of all Hawaiian Home Lands based on the report entitled Survey Needs for the Hawaiian Home Lands, issued by the Bureau of Land Management of the Department of the Interior, and dated July 1991. (2)  Other surveys The Secretary is authorized to conduct such other surveys and appraisals as may be necessary to make an informed decision regarding approval or disapproval of a proposed exchange. SEC. 206. ADMINISTRATION OF ACTS BY UNITED STATES. (a)  Designation. (1)  In general Not later than 120 days after the date of enactment of this Act [ Nov. 2, 1995 (2)  Default If the Secretary fails to make an appointment by the date specified in paragraph (1), or if the position is vacant at any time thereafter, the Assistant Secretary for Policy, Budget, and Administration of the Department of the Interior shall exercise the responsibilities for the Department in accordance with subsection (b). (b)  Responsibilities The individual designated pursuant to subsection (a) shall, in administering the laws referred to in such subsection (1) advance the interests of the beneficiaries; and (2) assist the beneficiaries and the Department of Hawaiian Home Lands in obtaining assistance from programs of the Department of the Interior and other Federal agencies that will promote homesteading opportunities, economic self-sufficiency, and social well-being of the beneficiaries. SEC. 207. ADJUSTMENT.  [Amended section 386a of Title 25 SEC. 208. REPORT. (a)  In General Not later than 180 days after the date of enactment of this Act [ Nov. 2, 1995 (1) involve the transfer of lands designated as available lands under section 203 of the Hawaiian Homes Commission Act [former 48 U.S.C. 697 July 9, 1921 (2) are not otherwise covered under this title. (b)  Review Not later than 180 days after receiving the report submitted under subsection (a), the Secretary shall make a determination with respect to each claim referred to in subsection (a), whether, on the basis of legal and equitable considerations, compensation should be granted to the Department of Hawaiian Home Lands. (c)  Compensation If the Secretary makes a determination under subsection (b) that compensation should be granted to the Department of Hawaiian Home Lands, the Secretary shall determine the value of the lands and lost use in accordance with the process established under section 203(a), and increase the determination of value made under subparagraphs (A) and (B) of section 203(a)(1) by the value determined under this subsection. SEC. 209. AUTHORIZATION. There are authorized to be appropriated such sums as may be necessary for compensation to the Department of Hawaiian Home Lands for the value of the lost use of lands determined under section 203. Compensation received by the Department of Hawaiian Home Lands from funds made available pursuant to this section may only be used for the purposes described in section 207(a) of the Hawaiian Homes Commission Act [former 48 U.S.C. 701(a) Consent to Amendment of Hawaiian Homes Commission Act, 1920 Pub. L. 10521 June 27, 1997 111 Stat. 235  That, as required by section 4 of the Act entitled An Act to provide for the admission of the State of Hawaii into the Union, approved March 18, 1959 73 Stat. 4 (1) Act 339 of the Session Laws of Hawaii, 1993. (2) Act 37 of the Session Laws of Hawaii, 1994. Pub. L. 102398 Oct. 6, 1992 106 Stat. 1953  That, as required by section 4 of the Act entitled An Act to provide for the admission of the State of Hawaii into the Union, approved March 18, 1959 73 Stat. 4 Act 16 of Session Laws of Hawaii, 1986; Act 85 of Session Laws of Hawaii, 1986; Act 249 of Session Laws of Hawaii, 1986; Act 36 of Session Laws of Hawaii, 1987; Act 28 of Session Laws of Hawaii, 1989; Act 265 of Session Laws of Hawaii, 1989; Act 14 of Session Laws of Hawaii, 1990; Act 24 of Session Laws of Hawaii, 1990; Act 150 of Session Laws of Hawaii, 1990; and Act 305 of Session Laws of Hawaii, 1990. Pub. L. 99557 Oct. 27, 1986 100 Stat. 3143 That, as required by section 4 of the Act entitled An Act to provide for the admission of the State of Hawaii into the Union, approved March 18, 1959 73 Stat. 4 August 21, 1959 June 30, 1985 Hawaii Omnibus Act Pub. L. 86624 July 12, 1960 74 Stat. 411  [Sec. 1. Short Title.] That this Act may be cited as the Hawaii Omnibus Act. Sec. 2. [Printing outside United States.] Subsection (a) of section 2 of the Act of August 1, 1956 70 Stat. 890 Sec. 3. [Soil Bank Act; amendment.] Section 113 of the Soil Bank Act, as amended, is amended to read as follows: This subtitle B shall apply to the several States and, if the Secretary determines it to be in the national interest, to the Commonwealth of Puerto Rico and the Virgin Islands; and as used in this subtitle B, the term State includes Puerto Rico and the Virgin Islands. Sec. 4. [Armed Forces; amendment.] (a) Title 10, United States Code, section 101(2), is amended by striking out the words Hawaii or. (b) Title 10, United States Code, sections 802(11) and 802(12), are each amended by striking out the words the main group of the Hawaiian Islands,. (c) Title 10, United States Code, section 2662(c), is amended by striking out the word , Hawaii,. (d) Title 10, United States Code is amended by striking out clause (6) of section 4744 [now section 2648]; by renumbering clauses (7) through (9) as clauses (6) through (8); by amending redesignated clause (8) to read as follows: The families of persons described in clauses (1), (2), (4), (5), and (7).; and by striking out the words clause (8) or (9) in the last sentence of such section and inserting in lieu thereof the words clause (7) or (8). Sec. 5. [Home Loan Bank Board.] (a) Paragraph (3) [now (2)] of section 2 of the Federal Home Loan Bank Act, as amended, is further amended by striking out the words the Virgin Islands of the United States, and the Territory of Hawaii and by inserting in lieu thereof the words and the Virgin Islands of the United States. (b) Section 7 of the Home Owners Loan Act of 1933, as amended, is further amended by striking out the words Territory of Hawaii and inserting in lieu thereof the words State of Hawaii. Sec. 6. [National Housing Act; amendment.] The National Housing Act is amended by striking out the word Hawaii, in sections 9, 210(d), 207(a)(7), 601(d), 713(q), and 801(g). Sec. 7. [Securities and Exchange Commission.] (a) Paragraph (6) of section 2 of the Securities Act of 1933, as amended, is further amended by striking out the word Hawaii.. (b) Paragraph (16) of section 3(a) of the Securities Exchange Act of 1934, as amended, is further amended by striking out the word Hawaii,. (c) Paragraph (37) of section 2(a) and paragraph (1) of section 6(a) of the Investment Company Act of 1940, as amended, are each amended by striking out the word Hawaii,. (d) Paragraph (18) of section 202(a) of the Investment Advisers Act of 1940, as amended, is further amended by striking out the word Hawaii,. Sec. 8. [Soil Conservation and Domestic Allotment Act; amendment.] (a) Section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, is further amended by striking out the words in the continental United States, except in Alaska, and inserting in lieu thereof the words in the States of the Union, except Alaska,. (b) Section 17(a) of the Soil Conservation and Domestic Allotment Act, as amended, is further amended to read as follows: This Act shall apply to the States, the Commonwealth of Puerto Rico, and the Virgin Islands, and, as used in this Act, the term State includes Puerto Rico and the Virgin Islands. Sec. 9. [Water Storage and Utilization.]  Section 1 of the Act of August 28, 1937 50 Stat. 869 Sec. 10. [Wildlife Restoration.]  Section 2 of the Act of September 2, 1937 50 Stat. 917 Sec. 11. [Fishery Resources.] The Act of Aug. 4, 1947 61 Stat. 726 (a) by striking out the words the Territories and island possessions of the United States and inserting in lieu thereof the words the United States and its island possessions in section 1 and 2; (b) by striking out the words Territory of Hawaii and in section 1; (c) by striking out the word Territorial and inserting in lieu thereof the word State in section 3; and (d) by striking out the words Hawaiian Islands and Territory of Hawaii and inserting in lieu thereof, in both cases, the words State of Hawaii in section 4. Sec. 12. [Fish Restoration.]  Section 2(d) of the Act of August 9, 1950 64 Stat. 431 Sec. 13. [Criminal Code; amendments.] (a) Title 18, United States Code, section 1401, is amended by striking out the words the Territory of Alaska, the Territory of Hawaii,. (b) Title 18, United States Code, section 5024, is amended by striking out the words preceding the first comma and inserting in lieu thereof the words This chapter shall apply in the States of the United States. (c)  Section 6 of Public Law 85752 Sec. 14. [Education.] (a) (1) Subsection (a) of section 103 of the National Defense Education Act of 1958, relating to definition of State, is amended by striking out Hawaii, each time it appears therein. (2) (A) Paragraph (2), and subparagraph (C) of paragraph (3), of subsection (a) of section 302 of such Act, relating to allotments for science, mathematics, and foreign language instruction equipment, are each amended by striking out continental United States each time it appears therein and inserting in lieu thereof United States. (B) Effective in the case of promulgations of allotment ratios made, under section 302 of such Act, after enactment of this Act and before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska, subparagraph B of such paragraph (3) is amended to read:  (B) The term United States means the continental United States (excluding Alaska and Hawaii). (C) Effective in the case of promulgations of allotment ratios made under such section 302 after such data for a full year are available from the Department of Commerce, subparagraph (B) of such paragraph (3) is amended to read:  (B) The term United States means the fifty States and the District of Columbia. Promulgations of allotment ratios made under such section 302 after such data for a full year are available from the Department of Commerce, but before such data are available therefrom for a full three-year period, shall be based on such data for such one full year, or when such data are available for a two-year period, for such two years. (3) Section 1008 of such Act, relating to allotments to territories, is amended by striking out Hawaii,. (b) (1)  Section 4 of the Act of March 10, 1924 43 Stat. 18 (2) The last sentence of section 2 of the Act of February 23, 1917 39 Stat. 930 (3) Paragraph (1) of section 2 of the Vocational Education Act of 1946, relating to definition of States and Territories, is amended by striking out the Territory of Hawaii,. (4) Subsection (e) of section 210 and subsection (a) of section 307 of such Act, relating to definition of State are each amended by striking out Hawaii,. (c) Paragraph (13) of section 15 of the Act of September 23, 1950 64 Stat. 967 (d) (1) The material in the parentheses in the first sentence of subsection (d) of section 3 of the Act of September 30, 1950 (2) The fourth sentence of such subsection is amended by striking out in the continental United States (including Alaska) and inserting in lieu thereof (other than Puerto Rico, Wake Island, Guam, or the Virgin Islands) and by striking out continental United States in clause (ii) of such sentence and inserting in lieu thereof United States (which for purposes of this sentence and the next sentence means the fifty States and the District of Columbia). The fifth sentence of such subsection is amended by striking out continental before United States each time it appears therein and by striking out (including Alaska). (3) The last sentence of such subsection is amended by striking out Hawaii, and by inserting after for which a State agency is the local educational agency, the following: or in any State in which there is only one local educational agency,. (4) Paragraph (8) of section 9 of such Act, relating to definition of State, is amended by striking out Hawaii,. (e) Notwithstanding the last sentence of subsection (b) of section 5 of the Act entitled An Act to provide for the admission of the State of Hawaii into the Union, approved March 18, 1959 73 Stat. 4 Public Law 863 July 2, 1862 7 U.S.C. 301308 Sec. 15. [Importation of Milk and Cream.] Subsection (b) of section 9 of the Act of February 15, 1927 44 Stat. 1103  (b) The term United States means the fifty States and the District of Columbia. Sec. 16. [Opium Poppy Control.] Section 12 of the Opium Poppy Control Act of 1942, as amended, is further amended by deleting therefrom the words the Territory of Hawaii,. Sec. 17. [Highways.] (a) The definition of the term State in title 23, United States Code, section 101(a), is amended to read as follows:  The term State means any one of the fifty States, the District of Columbia, or Puerto Rico. (b) Sections 103(g) and 105(e) of title 23, United States Code, are repealed. (c)  Section 103(d) of title 23  (d) The Interstate System shall be designated within the United States, including the District of Columbia, and it shall not exceed forty-one thousand miles in total extent. It shall be so located as to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers, to serve the national defense and, to the greatest extent possible, to connect at suitable border points with routes of continental importance in the Dominion of Canada and the Republic of Mexico. The routes of this system, to the greatest extent possible, shall be selected by joint action of the State highway departments of each State and the adjoining States, subject to the approval by the Secretary as provided in subsection (e) of this section. All highways or routes included in the Interstate System as finally approved, if not already coincident with the primary system, shall be added to said system without regard to the mileage limitation set forth in subsection (b) of this section. This system may be located both in rural and urban areas. (d) Notwithstanding any other provision of law, for the purpose of expediting the construction, reconstruction, or improvement, inclusive of necessary bridges and tunnels, of the Interstate System, including extensions thereof through urban areas, designated in accordance with section 103(d) of title 23 June 30, 1962 70 Stat. 374 72 Stat. 89 section 104(b)(5) of title 23 June 30, 1962 section 104(b)(5) of title 23 (e)  Section 127 of title 23 February 1, 1960 July 1, 1956 Sec. 18. [Internal Revenue.] (a) Section 4262(c)(1) of the Internal Revenue Code of 1986 (relating to the definition of continental United States for purposes of the tax on transportation of persons) is amended to read as follows:  (1) Continental United States.The term continental United States means the District of Columbia and the States other than Alaska and Hawaii. (b) Section 2202 of the Internal Revenue Code of 1986 (relating to missionaries in foreign service) is amended by striking out the State, the District of Columbia, or Hawaii and inserting in lieu thereof the State or the District of Columbia. (c) Section 3121(e)(1) of the Internal Revenue Code of 1986 (relating to a special definition of State) is amended by striking out Hawaii,. (d) Sections 3306(j) and 4233(b) of the Internal Revenue Code of 1986 (each relating to a special definition of State) are amended by striking out Hawaii, and. (e) Section 4221(d)(4) of the Internal Revenue Code of 1986 (relating to a special definition of State or local government) is amended to read as follows:  (4) State or local government.The term State or local government means any State, any political subdivision thereof, or the District of Columbia. (f) Section 4502(5) of the Internal Revenue Code of 1986 (relating to definition of United States) is amended by striking out the Territory of Hawaii,. (g) Section 4774 of the Internal Revenue Code of 1986 (relating to territorial extent of law) is amended by striking out the Territory of Hawaii,. (h) Section 7653(d) of the Internal Revenue Code of 1986 (relating to shipments from the United States) is amended by striking out , its possessions or the Territory of Hawaii and inserting in lieu thereof or its possessions. (i) Section 7701(a)(9) of the Internal Revenue Code of 1986 (relating to definition of United States) is amended by striking out , the Territory of Hawaii,. (j) Section 7701(a)(10) of the Internal Revenue Code of 1986 (relating to definition of State) is amended by striking out the Territory of Hawaii and. (k) The amendments contained in subsections (a) through (j) of this section shall be effective as of August 21, 1959 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Sec. 19. [Courts; Kure Island.] Title 28, United States Code, section 91, and the Act of June 15, 1950 64 Stat. 217 Sec. 20. [Vocational Rehabilitation Act; amendment.] (a) Subsection (g) of section 11 of the Vocational Rehabilitation Act, relating to definition of State, is amended by striking out Hawaii,. (b) (1) Subsections (h) and (i) of such section, relating to definition of allotment percentages and Federal shares for purposes of allotment and matching for vocational rehabilitation services grants, are each amended by striking out continental United States and inserting in lieu thereof United States and by striking out (including Alaska). (2) Paragraph (1) of such subsection (h) is further amended by striking out the allotment percentage for Hawaii shall be 50 per centum, and in clause (B). (3) Subsection (h) of such section is further amended by adding at the end thereof the following new paragraphs:  (3) Promulgations of allotment percentages and computations of Federal shares made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe for Alaska an allotment percentage of 75 per centum and a Federal share of 60 per centum and, for purposes of such promulgations and computations, Alaska shall not be included as part of the United States. Promulgations and computations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or, when such data are available for a two-year period, for such two years.  (4) The term United States means (but only for purposes of this subsection and subsection (i)) the fifty States and the District of Columbia. (4) Subsection (i) of such section is further amended by striking out the Federal share for Hawaii shall be 60 per centum, and in clause (B). Sec. 21. [Labor.] (a)  Section 3(b) of the Act of June 6, 1933 48 Stat. 114 (b) Section 13(f) of the Fair Labor Standards Act, as amended, is further amended by striking out the words Alaska; Hawaii;. (c) Section 17 of the Fair Labor Standards Act, as amended, is further amended by striking out the words the District Court for the Territory of Alaska,. (d) Section 3(a)(9) of the Welfare and Pension Plans Disclosure Act is amended by striking out the word Hawaii,. Sec. 22. [National Guard.] Title 32, United States Code, section 101(1), is amended by striking out the words Hawaii or. Sec. 23. [Water Pollution Control Act; amendment.] (a) (1) Subsection (h) of section 5 of the Federal Water Pollution Control Act, relating to Federal share for purposes of program operation grants, is amended by striking out continental United States and inserting in lieu thereof United States, by striking out (including Alaska), and by striking out, in clause (B) of paragraph (1), for Hawaii shall be 50 per centum, and. (2) Such subsection is further amended by adding at the end thereof the following new paragraphs:  (3) As used in this subsection, the term United States means the fifty States and the District of Columbia.  (4) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal share for Alaska of 50 per centum and, for purposes of such promulgations, Alaska shall not be included as part of the United States. Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available for the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or when such data are available for a two-year period, for such two years. (b) Subsection (d) of section 11 of such Act, relating to definition of State, is amended by striking out Hawaii,. Sec. 24. [Coast and Geodetic Survey.] The first sentence of section 1 of the Act of August 3, 1956 70 Stat. 988 Sec. 25. [Veterans Administration.] (a) Title 33, United States Code, section 624(a), is amended by striking out the words outside the continental limits of the United States, or a Territory, Commonwealth, or possession of the United States and inserting in lieu thereof outside any State. (b) The first sentence of title 38, United States Code, section 903(b) [now 2303(b)], is amended to read as follows: In addition to the foregoing, when such a death occurs in the continental United States or Hawaii, the Administrator shall transport the body to the place of burial in the continental United States or Hawaii. (c) Title 38, United States Code, section 2007(c) [now 4107(c)], is amended by striking out the word Hawaii,. Sec. 26. [Davis-Bacon Act; amendment.]  Section 1 of the Act of March 3, 1931 46 Stat. 1494 Sec. 27. [Federal Property and Administrative Services Act; amendment.] The Federal Property and Administrative Services Act of 1949, as amended, is further amended by (a) striking out the words continental United States (including Alaska), Hawaii, in section 3(f) and inserting in lieu thereof the words States of the Union, the District of Columbia,; (b) striking out the words continental United States, its Territories, and possessions in section 211(j) and inserting in lieu thereof the words States of the Union, the District of Columbia, Puerto Rico, and the possessions of the United States; (c) striking out the words continental limits of the United States in section 404(c) and inserting in lieu thereof the words States of the Union and the District of Columbia; and (d) striking out the words and the Territory of Hawaii in section 702(a). Sec. 28. [Buy American Act; amendment.]  Section 1(b) of title III of the Act of March 3, 1933 47 Stat. 1520 41 U.S.C. 8301(1) Sec. 29. [Public Health Service Act; amendment.] (a) Subsection (f) of section 2 of the Public Health Service Act, relating to definition of State, is amended by striking out Hawaii,. (b) The first sentence of section 331 of such Act, relating to receipt and treatment of lepers, is amended by striking out , Territory, or the District of Columbia. The fifth sentence of such section is amended by striking out the Territory of Hawaii and inserting in lieu thereof Hawaii. (c) Subsection (c) of section 361 of such Act, relating to regulations governing apprehension and detention of persons to prevent the spread of a communicable disease, is amended by striking out , the Territory of Hawaii,. (d) (1) Clause (2) of subsection (a) of section 631 of such Act, relating to definition of allotment percentage for purposes of allotments for construction of hospitals and other medical service facilities, is amended by striking out the allotment percentage for Hawaii shall be 50 per centum, and. (2) Such subsection is further amended by striking out continental United States (including Alaska) and inserting in lieu thereof United States. (3) Subsection (b) of such section, relating to promulgation of allotment percentages, is amended by striking out continental United States and inserting in lieu thereof United States. Such subsection is further amended by inserting (1) after (b) and by adding at the end thereof the following new paragraphs:  (2) The term United States means (but only for purposes of this subsection and subsection (a)) the fifty States and the District of Columbia;  (3) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe an allotment percentage for Alaska of 50 per centum and, for purposes of such promulgation, Alaska shall not be included as part of the United States. Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or, when such data are available for a two-year period, for such two years;. (4) Subsection (d) of such section, relating to definition of State, is further amended by striking out Hawaii,. Sec. 30. [Social Security Act; amendment.] (a) (1) Paragraph (8) of subsection (a) of section 1101 of the Social Security Act, relating to definition of Federal percentage for purposes of matching for public assistance grants, is amended by striking out continental United States (including Alaska) and inserting in lieu thereof United States. (2) Subparagraph (A) of such paragraph is further amended by striking out (i) and by striking out , and (ii) the Federal percentage shall be 50 per centum for Hawaii. (3) Such paragraph is further amended by adding after subparagraph (B) the following new subparagraphs:  (C) The term United States means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia.  (D) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal percentage for Alaska of 50 per centum and, for purposes of such promulgations, Alaska shall not be included as part of the United States. Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or, when such data are available for a two-year period, for such two years. (b) (1) Subsections (a), (b), and (c) of section 524 of such Act, relating to the definition of allotment percentages and Federal shares for purposes of allotment and matching for child welfare services grants, are each amended by striking out continental United States (including Alaska) and inserting in lieu thereof United States. (2) Such section is further amended by adding after subsection (c) the following new subsections:  (d) For purposes of this section, the term United States means the fifty States and the District of Columbia.  (e) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal share for Alaska of 50 per centum and, for purposes of such promulgations, Alaska shall not be included as part of the United States. Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or, when such data are available for a two-year period, for such two years. (c) (1) The last sentence of subsection (i) of section 202 of the Social Security Act is amended by striking out forty-nine and inserting in lieu thereof fifty. (2) Subsections (h) and (i) of section 210 of such Act relating to definitions of State and United States for purposes of old-age, survivors, and disability insurance, are each amended by striking out Hawaii,. Such subsection (h) is further amended by striking out the comma after District of Columbia. (d) (1) Paragraph (1) of subsection (a) of section 1101 of such Act, relating to definition of State, is amended by striking out Hawaii and. (2) Paragraph (2) of such subsection, as amended relating to definition of United States, is amended by striking out , Hawaii,. (e) Subparagraph (C) and (G) of paragraph (6) of subsection (d) of section 218 of the Social Security Act, as amended, are each further amended by striking out the Territory of and or Territory each time they appear therein. (f) Subsection (p) of such section is amended by striking out Territory of. (g) The last sentence of subsection (a) of section 1501 of the Social Security Act is amended by striking out Alaska, Hawaii,. Sec. 31. [Small Reclamation Projects.] The Small Reclamation Projects Act of 1956 ( 70 Stat. 1044 Sec. 32. [Congressional Record.]  Section 73 of the Act of January 12, 1895 28 Stat. 617 Pub. L. 90620,  3 Oct. 22, 1968 Sec. 33. [Federal Register.] Section 8 of the Federal Register Act ( 49 Stat. 502 Pub. L. 90620,  3 Oct. 22, 1968 82 Stat. 1310 Sec. 34. [Home Port of Vessels.]  Section 1 of the Act of February 16, 1925 43 Stat. 947 Sec. 35. [Merchant Marine Act, 1936.] (a) Subsection (a) of section 505 of the Merchant Marine Act, 1936, as amended, is further amended by adding at the end thereof the following new sentence: For the purposes of this subsection, the term continental limits of the United States includes the States of Alaska and Hawaii. (b) Section 606 of such Act, as amended, is further amended by adding at the end thereof the following new sentence: For the purposes of this section, the term continental limits of the United States includes the States of Alaska and Hawaii. (c) Section 702 of such Act, as amended, is further amended by adding at the end thereof the following new sentence: For the purposes of this section, the term continental United States includes the States of Alaska and Hawaii. Sec. 36. [Communications Act; amendment.] Section 222(a)(10) of the Communications Act of 1934, is amended by striking out the words the several States and the District of Columbia and inserting in lieu thereof the words the District of Columbia and the States of the Union, except Hawaii. Sec. 37. [Aircraft Loan Guarantees.]  Section 3 of the Act of September 7, 1957 71 Stat. 629 Sec. 38. [Real property transactions.]  Section 43(c) of the Act of August 10, 1956 70A Stat. 636 Sec. 39. [Selective service.] Section 16(b) of the Universal Military Training and Service Act, as amended, is further amended by striking out the word Hawaii,. Sec. 40. [Reports on Federal Land Use.] The President shall prescribe procedures to assure that the reports to be submitted to him by Federal agencies pursuant to section 5(e) of the Act of March 18, 1959 73 Stat. 6 Sec. 41. [Hawaiian Homes Commission Lands.]  Section 5(b) of the Act of March 18, 1959 73 Stat. 5 Sec. 42. [Lease by United States of Public Property of Hawaii.] Until August 21, 1964 Sec. 43. [Transfer of Records.] (a) There are hereby transferred to the State of Hawaii all records and other papers that were made or received by any Federal or territorial agency, or any predecessor thereof, in connection with the performance of functions assumed in whole or in substantial part by the State of Hawaii. There are hereby also transferred to the State of Hawaii all records and other papers in the custody of the Public Archives of Hawaii that were made or received by any Federal agency. (b) There are also hereby transferred to the State of Hawaii all books, publications, and legal reference materials which are owned by the United States and which were, prior to the admission of Hawaii to the Union, placed in the custody of courts, libraries, or territorial agencies in Hawaii in order to facilitate the performance of functions conferred on such courts or agencies by Federal law. Sec. 44. [Use of G.S.A. Services or Facilities.] The Administrator of General Services is authorized to make available to the State of Hawaii such services or facilities as are determined by the Administrator to be necessary for an interim period, pending provision of such services or facilities by the State of Hawaii. Such interim period shall not extend beyond August 21, 1964 Sec. 45. [Purchase of Typewriters.] Title I of the Independent Offices Appropriation Act, 1960, is amended by striking out the words for the purchase within the continental limits of the United States of any typewriting machines and inserting in lieu thereof for the purchase within the States of the Union and the District of Columbia of any typewriting machines. Sec. 46. [Federal Maritime Board.]  Section 18(a) of the Act of March 18, 1959 73 Stat. 12 Sec. 47. [Effective Dates.] (a) The amendments made by section 14(a)(2)(A), by section 23(a), by paragraphs (1), (2), and (3) of section 29(d), by subsection (b), and paragraphs (1) and (3) of subsection (a), of section 30, and, except as provided in subsection (g) of this section, by section 20(b) shall be applicable in the case of promulgations or computations of Federal shares, allotment percentages, allotment ratios, and Federal percentages, as the case may be, made after August 21, 1959 (b) The amendments made by paragraph (2) of section 30(a) shall be effective with the beginning of the calendar quarter in which this Act is enacted. The Secretary of Health, Education, and Welfare shall, as soon as possible after enactment of this Act, promulgate a Federal percentage for Hawaii determined in accordance with the provisions of subparagraph (B) of section 1101(a)(8) of the Social Security Act, such promulgation to be effective for the period beginning with the beginning of the calendar quarter in which this Act is enacted and ending with the close of June 30, 1961 (c) The amendment made by paragraphs (1) and (2) of subsection (b) and paragraphs (1), (2), and (3) of subsection (d) of section 14 shall be applicable in the case of fiscal years beginning after June 30, 1960 (d) The amendments made by paragraphs (1) and (3) of section 14(a) shall be applicable, in the case of allotments under section 302(b) or 502 of the National Defense Education Act of 1958, for fiscal years beginning after June 30, 1960 (e) The amendment made by section 30(c)(1) shall be applicable in the case of deaths occurring on or after August 21, 1959 (f) The amendments made by subsection (c), paragraphs (3) and (4) of subsection (b), and paragraph (4) of subsection (d) of section 14, by section 20(a), by section 23(b), by subsections (a), (b), and (c), and paragraph (4) of subsection (d), of section 29, and by subsection (d), and paragraph (2) of subsection (c), of section 30 shall become effective on August 21, 1959 (g) (1) The allotment percentage determined for Alaska under section 11(h) of the Vocational Rehabilitation Act, as amended by this Act, for the first, second, third, and fourth years for which such percentage is based on the per capita income data for Alaska shall be increased by 76 per centum, 64 per centum, 52 per centum, and 28 per centum, respectively, of the difference between such allotment percentage for the year involved and 75 per centum. (2) The Federal share for Alaska determined under section 11(i) of the Vocational Rehabilitation Act, as amended by this Act, for the first year for which such Federal share is based on per capita income data for Alaska shall be increased by 70 per centum of the difference between such Federal share for such year and 60 per centum. (3) If such first year for which such Federal share is based on per capita income data for Alaska is any fiscal year ending prior to July 1, 1962 (4) Section 47(c) of the Alaska Omnibus Act ( Public Law 8670 Sec. 48. [Administration of Palmyra, Midway, and Wake Islands.] Until Congress shall provide for the government of Palmyra Island, Midway Island, and Wake Island, all executive and legislative authority necessary for the civil administration of Palmyra Island, Midway Island and Wake Island, and all judicial authority other than that contained in the Act of June 15, 1950 64 Stat. 217 June 15, 1950 Sec. 49. [Other Subjects.] The amendment by this Act of certain statutes by deleting therefrom specific references to Hawaii or such phrases as Territory of Hawaii shall not be construed to affect the applicability or inapplicability in or to Hawaii of other statutes not so amended. Sec. 50. [Separability.] If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Conveyance of Certain Surplus Federal Lands in Hawaii Pub. L. 88233 Dec. 23, 1963 77 Stat. 472 [Sec. 1. Procedure for conveyance to Hawaii of surplus Federal lands held as ceded, Statehood, permit and Sand Island lands; terms and conditions; monetary consideration; fair market value for improvements; disposal under other applicable laws; proportional payment of proceeds.] That (a)(i) whenever after August 21, 1964 section 5(g) of Public Law 863 73 Stat. 4 section 5(d) of Public Law 863 August 25, 1916 39 Stat. 535 18 U.S.C. 1865(a) 54 U.S.C. 100101(a) (b) Such lands and property shall be conveyed without monetary consideration, but subject to such other terms and conditions as the Administrator may prescribe: Provided  Sec section 5(f) of Public Law 863 Executive Documents  Delegation of Functions Ex. Ord. No. 11230, June 28, 1965 Mar. 18, 1959 July 22, 1971 section 301 of Title 3  Proc. No. 3309. Admission of the State of Hawaii Into the Union Proc. No. 3309, Aug. 21, 1959 WHEREAS the Congress of the United States by the act approved on March 18, 1959 73 Stat. 4 November 7, 1950 WHEREAS it appears from the information before me that a majority of the legal votes cast at an election on June 27, 1959 section 7(b) of the act of March 18, 1959 WHEREAS it further appears from information before me that a general election was held on July 28, 1959 March 18, 1959 WHEREAS the Governor of Hawaii has certified to me the results of the submission to the people of Hawaii of the three propositions set forth in section 7(b) of the act of March 18, 1959 WHEREAS I find and announce that the people of Hawaii have duly adopted the propositions required to be submitted to them by the act of March 18, 1959 NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby declare and proclaim that the procedural requirements imposed by the Congress on the State of Hawaii to entitle that State to admission into the Union have been complied with in all respects and that admission of the State of Hawaii into the Union on an equal footing with the other States of the Union is now accomplished. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington at four p.m. E.D.T. on this twenty-first day of August in the year of our Lord nineteen hundred and fifty-nine, and of the Independence of the United States of America the one hundred and eighty-fourth.  Dwight D. Eisenhower. [ seal]  Ex. Ord. No. 11048. Administration of Wake Island and Midway Island Ex. Ord. No. 11048, Sept. 4, 1962 Oct. 31, 1996 By virtue of the authority vested in me by section 48 of the Hawaii Omnibus Act (approved July 12, 1960 74 Stat. 424 P.L. 86624 section 301 of title 3  Part IWake Island Section June 15, 1950 64 Stat. 217 48 U.S.C. 644a Sec Sec December 29, 1934  Part IIMidway Island [Superseded by Ex. Ord. No. 13022,  1, Oct. 31, 1996  Part IIIMiscellaneous Provisions Section Sec Sec Sec March 29, 1946 November 6, 1946 Sec June 15, 1950  Ex. Ord. No. 13022. Administration of the Midway Islands Ex. Ord. No. 13022, Oct. 31, 1996 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 48 of the Hawaii Omnibus Act, Public Law 86-624 [set out above], and section 301 of title 3 Section January 20, 1903 September 4, 1962 January 20, 1903 September 4, 1962 Sec February 14, 1941 April 2, 1941 Sec March 25, 1996 16 U.S.C. 668dd (1) maintaining and restoring natural biological diversity within the refuge; (2) providing for the conservation and management of fish and wildlife and their habitats within the refuge; (3) fulfilling the international treaty obligations of the United States with respect to fish and wildlife; (4) providing opportunities for scientific research, environmental education, and compatible wildlife dependent recreational activities; and (5) in a manner compatible with refuge purposes, shall recognize and maintain the historic significance of the Midway Islands consistent with the policy stated in Executive Order 11593 of May 13, 1971 54 U.S.C. 300101 (b) The Secretary of the Interior shall be responsible for the civil administration of the Midway Islands and all executive and legislative authority necessary for that administration, and all judicial authority respecting the Midway Islands other than the authority contained in 48 U.S.C. 644a Sec Sec Sec 48 U.S.C. 644a  William J. Clinton.  491 to 503. Omitted  Editorial Notes Codification Sections 491 to 503, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 491, act Apr. 30, 1900, ch. 339,  2 31 Stat. 141 Section 492, act Apr. 30, 1900, ch. 339,  3 31 Stat. 141 Section 493, act Apr. 30, 1900, ch. 339,  1 31 Stat. 141 Section 494, act Apr. 30, 1900, ch. 339,  4 31 Stat. 141 Section 495, acts Apr. 30, 1900, ch. 339,  5 31 Stat. 141 May 27, 1910, ch. 258,  1 36 Stat. 443 Apr. 12, 1930, ch. 136,  1(a) 46 Stat. 160 June 6, 1932, ch. 209,  116(b) 47 Stat. 205 Section 496, act Apr. 30, 1900, ch. 339,  6 31 Stat. 142 Section 497, act Apr. 30, 1900, ch. 339,  74 31 Stat. 155 Section 498, act Apr. 30, 1900, ch. 339,  102 31 Stat. 161 Section 499, Joint Res. July 7, 1898 30 Stat. 751 July 7, 1898 Section 500, act Apr. 30, 1900, ch. 339,  9 31 Stat. 143 Section 501, act Apr. 30, 1900, ch. 339,  10 31 Stat. 143 Section 502, act Apr. 30, 1900, ch. 339,  10 31 Stat. 143 Section 503, act Apr. 30, 1900, ch. 339,  10 31 Stat. 143 Apr. 12, 1898 Apr. 30, 1900  504. Repealed. June 27, 1952, ch. 477 66 Stat. 279   Section, act Apr. 30, 1900, ch. 339,  10 31 Stat. 143  505 to 518. Omitted  Editorial Notes Codification Sections 505 to 518, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 505, act Apr. 30, 1900, ch. 339,  11 31 Stat. 144 Section 506, act Apr. 30, 1900, ch. 339 31 Stat. 160 Section 507, act Apr. 30, 1900, ch. 339,  96 31 Stat. 160 Section 508, acts Apr. 30, 1900, ch. 339,  97 31 Stat. 160 July 1, 1944, ch. 373 58 Stat. 714 Section 509, act Apr. 30, 1900, ch. 339,  98 31 Stat. 161 Section 510, acts Apr. 30, 1900, ch. 339,  89 31 Stat. 159 Aug. 4, 1949, ch. 393 63 Stat. 496 June 29, 1954, ch. 418 68 Stat. 323 Section 511, acts Apr. 30, 1900, ch. 339,  91 31 Stat. 159 May 27, 1910, ch. 258,  7 36 Stat. 447 June 19, 1930, ch. 546 46 Stat. 789 Aug. 21, 1958 Pub. L. 85719,  1 72 Stat. 709 Section 512, act May 26, 1906, ch. 2561 34 Stat. 204 Section 513, act Jan. 14, 1903, ch. 186 32 Stat. 770 Section 514, act Jan. 14, 1903, ch. 186,  3 32 Stat. 771 Section 515, act Jan. 14, 1903, ch. 186,  4 32 Stat. 771 Section 516, act Jan. 14, 1903, ch. 186,  6 32 Stat. 771 Jan. 14, 1903 Section 517, act Jan. 14, 1903, ch. 186,  7 32 Stat. 771 Section 518, act Apr. 30, 1900, ch. 339,  105 July 9, 1921, ch. 42,  315 42 Stat. 120  518a. Repealed. July 25, 1947, ch. 327,  1 61 Stat. 449   Section, act Jan. 2, 1942, ch. 646 55 Stat. 881  519. Omitted  Editorial Notes Codification Section, acts Apr. 30, 1900, ch. 339,  55 31 Stat. 150 May 27, 1910, ch. 258,  4 36 Stat. 444 July 9, 1921, ch. 42,  302 42 Stat. 116 June 6, 1926, ch. 512 44 Stat. 710  520. Repealed. Mar. 26, 1934, ch. 88,  1 48 Stat. 467   Section, act May 23, 1918, ch. 84,  1 40 Stat. 560  531 to 535. Omitted  Editorial Notes Codification Sections 531 to 535, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 531, acts Apr. 30, 1900, ch. 339,  66 31 Stat. 153 July 9, 1921, ch. 42,  303 42 Stat. 116 Section 532, act Apr. 30, 1900, ch. 339,  67 31 Stat. 153 Section 533, act Apr. 30, 1900, ch. 339,  68 31 Stat. 153 Section 534, acts Apr. 30, 1900, ch. 339,  69 31 Stat. 154 July 2, 1932, ch. 389 47 Stat. 565 Aug. 21, 1958 Pub. L. 85714 72 Stat. 707 Section 535, act Apr. 30, 1900, ch. 339,  70 31 Stat. 154  536. Repealed. Pub. L. 863,  14(e) Mar. 18, 1959 73 Stat. 10   Section, acts Apr. 30, 1900, ch. 339,  92 31 Stat. 159 May 27, 1910, ch. 258,  8 36 Stat. 448 July 9, 1921, ch. 42,  314 42 Stat. 120 Oct. 15, 1949, ch. 695,  5(a) 63 Stat. 680  537, 538. Omitted  Editorial Notes Codification Sections 537 and 538, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 537, act Apr. 30, 1900, ch. 339,  71 31 Stat. 154 Section 538, act Apr. 30, 1900, ch. 339,  72 31 Stat. 154  539. Repealed. Pub. L. 863,  14(e) Mar. 18, 1959 73 Stat. 10   Section, acts Apr. 30, 1900, ch. 339,  92 31 Stat. 159 May 27, 1910, ch. 258,  8 36 Stat. 448 July 9, 1921, ch. 42,  314 42 Stat. 120  540. Omitted  Editorial Notes Codification Section, act Apr. 30, 1900, ch. 339,  75 31 Stat. 155  541. Repealed. Pub. L. 96470, title I,  110 Oct. 19, 1980 94 Stat. 2239   Section, acts Apr. 30, 1900, ch. 339,  76 31 Stat. 155 Apr. 8, 1904, ch. 948 33 Stat. 164 Mar. 4, 1913, ch. 141,  3 37 Stat. 737  542 to 546. Omitted  Editorial Notes Codification Sections 542 to 546, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 542, acts Apr. 30, 1900, ch. 339,  77 31 Stat. 156 Aug. 1, 1956, ch. 862,  1 70 Stat. 920 Section 542a, act Apr. 30, 1900, ch. 339,  77A Aug. 1, 1956, ch. 862,  2 70 Stat. 920 Section 543, act Apr. 30, 1900, ch. 339,  78 31 Stat. 156 Section 544, act Apr. 30, 1900, ch. 339,  79 31 Stat. 156 Section 545, act Apr. 30, 1900, ch. 339,  106 July 9, 1921, ch. 42,  315 42 Stat. 121 Aug. 14, 1958 Pub. L. 85650,  1 72 Stat. 606 Section 546, acts Apr. 30, 1900, ch. 339,  80 31 Stat. 156 Mar. 3, 1905, ch. 1465,  2 33 Stat. 1035 July 9, 1921, ch. 42,  312 42 Stat. 119 Aug. 1, 1956, ch. 862,  1 70 Stat. 920 Aug. 28, 1958 Pub. L. 85793 72 Stat. 957  561 to 599. Omitted  Editorial Notes Codification Sections 561 to 599, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 561, act Apr. 30, 1900, ch. 339,  12 31 Stat. 144 Section 562, acts Apr. 30, 1900, ch. 339,  55 31 Stat. 150 May 27, 1910, ch. 258,  4 36 Stat. 444 July 9, 1921, ch. 42,  302 42 Stat. 116 June 9, 1926, ch. 512 44 Stat. 710 Aug. 1, 1956, ch. 851,  7 70 Stat. 907 Aug. 20, 1958 Pub. L. 85691,  3 72 Stat. 685 Section 562a, act July 15, 1935, ch. 378,  1 49 Stat. 479 Section 562b, act July 15, 1935, ch. 378,  2 49 Stat. 480 Section 562c, act July 15, 1935, ch. 378,  3 49 Stat. 480 July 15, 1935 Section 562c1, act Apr. 3, 1944, ch. 154 58 Stat. 186 Section 562c2, act July 30, 1947, ch. 396 61 Stat. 676 Section 562d, act Aug. 3, 1935, ch. 436,  1 49 Stat. 516 Aug. 3, 1935 Section 562e, acts Aug. 3, 1935, ch. 436,  2 49 Stat. 517 May 28, 1937, ch. 274 50 Stat. 211 July 10, 1937, ch. 486 50 Stat. 509 Section 562e1, act June 29, 1954, ch. 417 68 Stat. 322 Section 562f, act July 10, 1937, ch. 485 50 Stat. 508 Section 562g, acts July 10, 1937, ch. 484 50 Stat. 508 July 18, 1950, ch. 466 64 Stat. 345 Section 562h, act July 10, 1937, ch. 483,  1 50 Stat. 507 Section 562i, act July 10, 1937, ch. 483,  2 50 Stat. 507 Section 562j, act July 10, 1937, ch. 483,  3 50 Stat. 507 Section 562k, act July 18, 1947, ch. 265 61 Stat. 381 Section 562 l act July 15, 1947, ch. 250 61 Stat. 326 Section 562m, act Oct. 26, 1949, ch. 754 63 Stat. 926 Section 562n, acts Aug. 24, 1954, ch. 889 68 Stat. 782 July 14, 1956, ch. 606,  1 70 Stat. 552 Aug. 20, 1958 Pub. L. 85691,  1 72 Stat. 685 Section 562 o Aug. 24, 1954, ch. 892 68 Stat. 785 July 14, 1956, ch. 606,  2 70 Stat. 552 Aug. 20, 1958 Pub. L. 85691,  2 72 Stat. 685 Section 562p, act Aug. 24, 1954, ch. 896 68 Stat. 787 Section 562q, act Aug. 24, 1954, ch. 898 68 Stat. 788 Section 562r, act July 11, 1956, ch. 567 70 Stat. 526 Section 562s, act July 14, 1956, ch. 602,  1 70 Stat. 545 Section 562t, act July 14, 1956, ch. 602,  2 70 Stat. 545 Section 562u, act July 14, 1956, ch. 602,  3 70 Stat. 545 Section 562v, act July 14, 1956, ch. 602,  4 70 Stat. 545 Section 562w, Pub. L. 85534,  2 July 18, 1958 72 Stat. 379 Section 563, acts Apr. 30, 1900, ch. 339,  56 31 Stat. 151 Mar. 3, 1905, ch. 1465,  1 33 Stat. 1035 Section 564, act Apr. 30, 1900, ch. 339,  13 31 Stat. 144 Section 565, acts Apr. 30, 1900, ch. 339,  30 31 Stat. 146 Aug. 1, 1956, ch. 851,  1 70 Stat. 903 Section 566, acts Apr. 30, 1900, ch. 339,  34 31 Stat. 147 Sept. 15, 1922, ch. 315 42 Stat. 844 Section 567, act Apr. 30, 1900, ch. 339,  31 31 Stat. 146 Section 568, acts Apr. 30, 1900, ch. 339,  32 31 Stat. 147 Aug. 1, 1956, ch. 851,  2 70 Stat. 903 Section 569, acts Apr. 30, 1900, ch. 339,  33 31 Stat. 147 Aug. 1, 1956, ch. 851,  3 70 Stat. 903 Section 570, acts Apr. 30, 1900, ch. 339,  35 31 Stat. 147 Aug. 1, 1956, ch. 851,  4 70 Stat. 903 Section 571, acts Apr. 30, 1900, ch. 339,  40 31 Stat. 148 Sept. 15, 1922, ch. 315 42 Stat. 844 Section 572, act Apr. 30, 1900, ch. 339,  36 31 Stat. 147 Section 573, act Apr. 30, 1900, ch. 339,  37 31 Stat. 147 Section 574, acts Apr. 30, 1900, ch. 339,  38 31 Stat. 147 Aug. 1, 1956, ch. 851,  5 70 Stat. 906 Section 575, acts Apr. 30, 1900, ch. 339,  39 31 Stat. 147 Aug. 1, 1956, ch. 851,  6 70 Stat. 906 Section 576, acts Apr. 30, 1900, ch. 339 31 Stat. 148 Aug. 20, 1958 Pub. L. 85690 72 Stat. 684 Section 577, act Apr. 30, 1900, ch. 339,  44 31 Stat. 148 Section 578, act Apr. 30, 1900, ch. 339,  45 31 Stat. 148 Section 579, act Apr. 30, 1900, ch. 339,  46 31 Stat. 148 Section 580, act Apr. 30, 1900, ch. 339,  47 31 Stat. 149 Section 581, act Apr. 30, 1900, ch. 339,  49 31 Stat. 149 Section 582, act Apr. 30, 1900, ch. 339,  48 31 Stat. 149 Section 583, act Apr. 30, 1900, ch. 339,  50 31 Stat. 149 Section 584, act Apr. 30, 1900, ch. 339,  51 31 Stat. 149 Section 585, acts Apr. 30, 1900, ch. 339,  52 31 Stat. 149 May 27, 1910, ch. 258,  3 36 Stat. 444 Section 586, acts Apr. 30, 1900, ch. 339,  53 31 Stat. 149 Aug. 20, 1958 Pub. L. 85690,  3 72 Stat. 684 Section 587, act Apr. 30, 1900, ch. 339,  54 31 Stat. 150 Section 588, acts Apr. 30, 1900, ch. 339,  16 31 Stat. 145 Oct. 26, 1949, ch. 752 63 Stat. 926 Section 589, act Apr. 30, 1900, ch. 339,  17 31 Stat. 145 Section 590, act Apr. 30, 1900, ch. 339,  18 31 Stat. 145 Section 591, act Apr. 30, 1900, ch. 339,  19 31 Stat. 145 Section 592, act Apr. 30, 1900, ch. 339,  20 31 Stat. 145 Section 593, act Apr. 30, 1900, ch. 339,  21 31 Stat. 145 Section 594, act Apr. 30, 1900, ch. 339 31 Stat. 145 Section 595, act Apr. 30, 1900, ch. 339,  28 31 Stat. 146 Section 596, act Apr. 30, 1900, ch. 339,  27 31 Stat. 146 Section 597, act Apr. 30, 1900, ch. 339,  25 31 Stat. 146 Section 598, act Apr. 30, 1900, ch. 339,  29 31 Stat. 146 Section 599, acts Apr. 30, 1900, ch. 339,  26 31 Stat. 146 May 27, 1910, ch. 258,  2 36 Stat. 444 July 9, 1921, ch. 42,  301 42 Stat. 115 June 27, 1930, ch. 647 46 Stat. 824 Aug. 20, 1958 Pub. L. 85690,  4 72 Stat. 684  611 to 620. Omitted  Editorial Notes Codification Sections 611 to 620, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 611, act Apr. 30, 1900, ch. 339,  14 31 Stat. 144 Section 612, act Apr. 30, 1900, ch. 339,  15 31 Stat. 145 Section 613, act Apr. 30, 1900, ch. 339 31 Stat. 151 Section 614, act Apr. 30, 1900, ch. 339,  59 31 Stat. 151 Section 615, act Apr. 30, 1900, ch. 339,  61 31 Stat. 152 Section 616, act Apr. 30, 1900, ch. 339,  62 31 Stat. 152 Section 617, acts Apr. 30, 1900, ch. 339,  60 31 Stat. 151 June 26, 1930, ch. 620 46 Stat. 818 Section 618, act June 13, 1918, ch. 97 40 Stat. 604 act Dec. 16, 1930, ch. 14,  1 46 Stat. 1029 Section 619, act Apr. 30, 1900, ch. 339,  63 31 Stat. 152 Section 619a, act Apr. 30, 1900, ch. 339,  64 31 Stat. 152 Section 620, act Apr. 30, 1900, ch. 339,  65 31 Stat. 153  631 to 633. Omitted  Editorial Notes Codification Sections 631 to 633, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 631, act Apr. 30, 1900, ch. 339,  81 31 Stat. 157 Section 632, acts Apr. 30, 1900, ch. 339,  82 31 Stat. 157 June 15, 1950, ch. 250 64 Stat. 216 Section 633, acts Apr. 30, 1900, ch. 339,  80 31 Stat. 156 Mar. 3, 1905, ch. 1465,  2 33 Stat. 1035 July 9, 1921, ch. 42,  312 42 Stat. 119 May 9, 1956, ch. 237,  1 70 Stat. 130  634, 634a. Repealed. Pub. L. 863,  14(e) Mar. 18, 1959 73 Stat. 10   Section 634, acts Apr. 30, 1900, ch. 339,  92 31 Stat. 159 May 27, 1910, ch. 258,  8 36 Stat. 448 July 9, 1921, ch. 42,  314 42 Stat. 120  Section 634a, acts May 29, 1928, ch. 904 45 Stat. 997 Apr. 30, 1956, ch. 226,  1 70 Stat. 123  634b, 634c. Repealed. June 25, 1948, ch. 646,  39 62 Stat. 992   Section 634b, acts May 31, 1938, ch. 301,  1 52 Stat. 591 Apr. 16, 1946, ch. 139,  1 60 Stat. 90  Section 634c, acts May 31, 1938, ch. 301,  2 52 Stat. 591 Apr. 16, 1946, ch. 139,  2 60 Stat. 90  635, 636. Omitted  Editorial Notes Codification Sections 635 and 636, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 635, acts Apr. 30, 1900, ch. 339,  83 31 Stat. 157 Apr. 1, 1952, ch. 127,  1 66 Stat. 32 Section 636, acts Apr. 30, 1900, ch. 339,  84 31 Stat. 157 May 27, 1910, ch. 258,  6 36 Stat. 447  641 to 644. Repealed. June 25, 1948, ch. 646 62 Stat. 986   Section 641, acts Apr. 30, 1900, ch. 339,  86(a) 31 Stat. 158 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 July 9, 1921, ch. 42,  313 42 Stat. 119 Feb. 12, 1925, ch. 220 43 Stat. 890 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 July 31, 1946, ch. 704,  1 60 Stat. 716  Section 642, acts Apr. 30, 1900, ch. 339,  86(c) 31 Stat. 158 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 Mar. 3, 1911, ch. 231,  291 36 Stat. 167 July 9, 1921, ch. 42,  313 42 Stat. 119 Feb. 12, 1925, ch. 220 43 Stat. 890  Section 642a, acts Aug. 13, 1940, ch. 662 54 Stat. 784 Apr. 29, 1948, ch. 241,  1 62 Stat. 204 section 91 of Title 28  Section 643, acts Apr. 30, 1900, ch. 339,  86 31 Stat. 158 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 July 9, 1921, ch. 42,  313 42 Stat. 119 Feb. 12, 1925, ch. 220 43 Stat. 890  Section 644, acts Apr. 30, 1900, ch. 339,  86 31 Stat. 158 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 July 9, 1921, ch. 42,  313 42 Stat. 119 June 1, 1922, ch. 204 42 Stat. 614 Jan. 3, 1923, ch. 21 42 Stat. 1084 Feb. 12, 1925, ch. 220 43 Stat. 890  644a. Jurisdiction of district court of cases arising on or within Midway, Wake, Johnston, Sand, etc., Islands; laws applicable to jury trials  The jurisdiction of the United States District Court for the District of Hawaii is extended to all civil and criminal cases arising on or within the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, Jarvis Island, and, having regard to the special status of Canton and Enderbury Islands pursuant to an agreement of April 6, 1939 Provided The laws of the United States relating to juries and jury trials shall be applicable to the trial of such cases before said district court. ( June 15, 1950, ch. 253 64 Stat. 217 Pub. L. 863,  14(j) Mar. 18, 1959 73 Stat. 11 Pub. L. 86624,  19 July 12, 1960 74 Stat. 416  Editorial Notes Amendments 1960 Pub. L. 86624 1959 Pub. L. 863 Statutory Notes and Related Subsidiaries Effective Date of 1959 Amendment Amendment by Pub. L. 863 section 91 of Title 28 Aug. 21, 1959 Aug. 21, 1959 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of this title Canton and Enderbury Islands; Sovereignty of Kiribati By a treaty of friendship, TIAS 10777, which entered into force Sept. 23, 1983  645. Repealed. Pub. L. 863,  14(f) Mar. 18, 1959 73 Stat. 10   Section, acts Apr. 30, 1900, ch. 339,  86 31 Stat. 158 Mar. 3, 1909, ch. 269,  1 35 Stat. 838 Mar. 11, 1911, ch. 231,  291 36 Stat. 167 Mar. 4, 1920, ch. 161,  1 41 Stat. 1412 July 9, 1921, ch. 42,  313 42 Stat. 119 June 1, 1922, ch. 204 42 Stat. 614 Jan. 3, 1923, ch. 21 42 Stat. 1084 Feb. 12, 1925, ch. 220 43 Stat. 890 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 July 31, 1946, ch. 704,  1 60 Stat. 716 June 25, 1948, ch. 646 62 Stat. 986 section 91 of Title 28  646. Repealed. June 25, 1948, ch. 646,  39 62 Stat. 992   Section, act Apr. 30, 1900, ch. 339,  86a June 19, 1939, ch. 211 53 Stat. 841 section 2072 of Title 28  651. Omitted  Editorial Notes Codification Section, acts Apr. 30, 1900, ch. 339,  85 31 Stat. 158 June 28, 1906, ch. 3582 34 Stat. 550  661 to 678. Omitted  Editorial Notes Codification Sections 661 to 678, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 661, act July 7, 1898 30 Stat. 750 Section 662, act Apr. 30, 1900, ch. 339,  99 31 Stat. 161 April 30, 1900 Section 663, acts Apr. 30, 1900, ch. 339,  73(a) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 July 9, 1921, ch. 42,  304 42 Stat. 116 Section 664, acts Apr. 30, 1900, ch. 339,  73(c) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 444 July 9, 1921, ch. 42,  304 42 Stat. 117 Section 664a, act Sept. 26, 1941, ch. 426,  1 55 Stat. 734 November 25, 1941 Section 664b, act Sept. 26, 1941, ch. 426,  2 55 Stat. 734 Section 665, acts Apr. 30, 1900, ch. 339,  73(d) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 444 July 9, 1921, ch. 42,  304 42 Stat. 117 Aug. 28, 1958 Pub. L. 85803,  1 72 Stat. 971 Section 666, acts Apr. 30, 1900, ch. 339,  73(e) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 July 9, 1921, ch. 42,  304 42 Stat. 117 Section 667, acts Apr. 30, 1900, ch. 339,  73(f) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 444 July 9, 1921, ch. 42,  304 42 Stat. 117 section 1509 of this title Section 668, acts Apr. 30, 1900, ch. 339,  73(g) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 444 July 9, 1921, ch. 42,  304 42 Stat. 117 section 1510 of this title Section 669, acts Apr. 30, 1900, ch. 339,  73(h) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1919, ch. 258 36 Stat. 445 July 9, 1921, ch. 42,  305 42 Stat. 118 Section 670, acts Apr. 30, 1900, ch. 339,  73(i) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 445 July 9, 1921, ch. 42,  305 42 Stat. 118 July 27, 1939, ch. 383,  1 53 Stat. 1126 July 9, 1952, ch. 617 66 Stat. 515 Apr. 6, 1956, ch. 180,  1 70 Stat. 102 Aug. 1, 1956, ch. 854 70 Stat. 918 Section 671, acts Apr. 30, 1900, ch. 339,  73(j) Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 445 July 9, 1921, ch. 42,  306 42 Stat. 118 section 1511 of this title Section 672, acts Apr. 30, 1900, ch. 339,  73(k) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 445 July 9, 1921, ch. 42,  307 42 Stat. 118 section 1512 of this title Section 673, acts Apr. 30, 1900, ch. 339,  73 l 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 446 July 9, 1921, ch. 42,  308 42 Stat. 118 Aug. 7, 1946, ch. 771 60 Stat. 871 July 9, 1952, ch. 616,  1 66 Stat. 514 Apr. 6, 1956, ch. 185,  1 70 Stat. 104 Aug. 21, 1958 Pub. L. 85718 72 Stat. 709 Aug. 28, 1958 Pub. L. 85803,  2 72 Stat. 971 Section 674, acts Apr. 30, 1900, ch. 339,  73(m) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 446 July 9, 1921, ch. 42,  309 42 Stat. 119 Section 675, acts Apr. 30, 1900, ch. 339,  73(n) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 446 July 9, 1921, ch. 42 42 Stat. 119 Section 676, acts Apr. 30, 1900, ch. 339,  73 o 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 446 July 9, 1921, ch. 42,  310 42 Stat. 119 Section 677, acts Apr. 30, 1900, ch. 399,  73(q) 31 Stat. 154 Apr. 2, 1908, ch. 124 35 Stat. 56 May 27, 1910, ch. 258,  5 36 Stat. 447 July 9, 1921, ch. 42,  311 42 Stat. 119 Aug. 21, 1941, ch. 394,  1 55 Stat. 658 July 18, 1958 Pub. L. 85534,  1 72 Stat. 379 Aug. 14, 1958 Pub. L. 85650,  2 72 Stat. 606 Section 6771, act Apr. 30, 1900, ch. 339,  73(r) Aug. 1, 1956, ch. 820,  1 70 Stat. 785 Section 677a, act Apr. 30, 1900, ch. 339,  73 June 12, 1940, ch. 336,  1 54 Stat. 345 Section 677b, act Apr. 30, 1900, ch. 339,  73 June 12, 1940, ch. 336,  1 54 Stat. 346 Section 678, act Apr. 30, 1900, ch. 339,  107 July 9, 1921, ch. 42,  315 42 Stat. 121 Act of April 30, 1900, ch. 339 31 Stat. 141  691 to 718. Omitted  Editorial Notes Codification Sections 691 to 718, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 691, act July 9, 1921, ch. 42, title I,  1 42 Stat. 108 Section 692, acts July 9, 1921, ch. 42 42 Stat. 108 June 18, 1954, ch. 321,  2 68 Stat. 264 Section 693, acts July 9, 1921, ch. 42 42 Stat. 109 July 26, 1935, ch. 420,  1 49 Stat. 504 May 31, 1944, ch. 216,  1 58 Stat. 260 July 9, 1952, ch. 618 66 Stat. 515 Section 694, acts July 9, 1921, ch. 42 42 Stat. 115 Nov. 26, 1941, ch. 544,  7 55 Stat. 787 June 14, 1948, ch. 646,  8 62 Stat. 394 Section 695, act July 9, 1921, ch. 42, title II,  222 42 Stat. 115 Section 696, act July 9, 1921, ch. 42, title II,  222 42 Stat. 115 Section 697, acts July 9, 1921, ch. 42 42 Stat. 109 May 16, 1934, ch. 290,  1 48 Stat. 777 Aug. 29, 1935, ch. 810,  1 49 Stat. 966 July 10, 1937, ch. 482 50 Stat. 497 Nov. 26, 1941, ch. 544,  1 55 Stat. 782 May 31, 1944, ch. 216,  2 58 Stat. 260 June 3, 1948, ch. 384 62 Stat. 295 June 3, 1948, ch. 397 62 Stat. 303 July 9, 1952, ch. 614 66 Stat. 511 Section 698, acts July 9, 1921, ch. 42 42 Stat. 110 Mar. 7, 1928, ch. 142,  1 45 Stat. 246 July 10, 1937, ch. 482 50 Stat. 503 Feb. 20, 1954, ch. 10,  1 68 Stat. 16 June 18, 1954, ch. 319,  1 68 Stat. 262 July 9, 1921 Section 699, act July 9, 1921, ch. 42, title II,  205 42 Stat. 110 Section 700, act July 9, 1921, ch. 42, title II,  206 42 Stat. 110 Section 701, acts July 9, 1921, ch. 42 42 Stat. 110 Feb. 3, 1923, ch. 56,  1 42 Stat. 1222 May 16, 1934, ch. 290,  2 48 Stat. 779 July 10, 1937, ch. 482 50 Stat. 504 May 31, 1944, ch. 216 58 Stat. 264 June 14, 1948, ch. 464 62 Stat. 390 June 18, 1954, ch. 321,  1 68 Stat. 263 Aug. 23, 1958 Pub. L. 85733 72 Stat. 822 Section 702, acts July 9, 1921, ch. 42 42 Stat. 111 July 10, 1937, ch. 482 50 Stat. 504 Nov. 26, 1941, ch. 544,  2 55 Stat. 783 Aug. 21, 1958 Pub. L. 85710,  1 72 Stat. 706 Section 703, acts July 9, 1921, ch. 42 42 Stat. 111 July 10, 1937, ch. 482 50 Stat. 504 Nov. 26, 1941, ch. 544,  3 55 Stat. 783 July 9, 1952, ch. 614,  4 66 Stat. 514 Section 704, act July 9, 1921, ch. 42, title II,  210 42 Stat. 111 Section 704a, acts May 16, 1934, ch. 200,  3 48 Stat. 779 July 9, 1952, ch. 614,  3 66 Stat. 513 Section 705, act July 9, 1921, ch. 42, title II,  211 42 Stat. 112 Section 706, act July 9, 1921, ch. 42, title II,  212 42 Stat. 112 Section 707, acts July 9, 1921, ch. 42 42 Stat. 112 Feb. 3, 1923, ch. 56,  2 42 Stat. 1222 Mar. 7, 1928, ch. 142,  2 45 Stat. 246 Nov. 26, 1941, ch. 544,  4 55 Stat. 784 June 14, 1948, ch. 464,  3 62 Stat. 390 July 9, 1952, ch. 615 66 Stat. 514 Aug. 21, 1958 Pub. L. 85708 72 Stat. 705 Section 707a, act July 9, 1921, ch. 42, title II,  225 Nov. 26, 1941, ch. 544,  8 55 Stat. 787 June 14, 1948, ch. 464,  9 62 Stat. 394 Section 708, act July 9, 1921, ch. 42, title II,  214 42 Stat. 112 Section 709, acts July 9, 1921, ch. 42 42 Stat. 112 Feb. 3, 1923, ch. 56,  3 42 Stat. 1222 July 10, 1937, ch. 482 50 Stat. 505 Nov. 26, 1941, ch. 544,  5 55 Stat. 785 June 14, 1948, ch. 464 62 Stat. 392 July 9, 1952, ch. 615 66 Stat. 514 Section 710, acts July 9, 1921, ch. 42 42 Stat. 113 July 10, 1937, ch. 482 50 Stat. 506 June 14, 1948, ch. 464,  6 62 Stat. 393 Section 711, act July 9, 1921, ch. 42, title II,  217 42 Stat. 113 Section 712, act July 9, 1921, ch. 42, title II,  218 42 Stat. 114 Section 713, act July 9, 1921, ch. 42, title II,  219 42 Stat. 114 Section 714, acts July 9, 1921, ch. 42 42 Stat. 114 July 10, 1937, ch. 482 50 Stat. 507 Nov. 26, 1941, ch. 544,  6 55 Stat. 786 June 14, 1948, ch. 464,  7 62 Stat. 393 Aug. 1, 1956, ch. 855,  1 70 Stat. 915 Section 715, acts July 9, 1921, ch. 42 42 Stat. 114 Aug. 1, 1956, ch. 855 70 Stat. 915 July 9, 1921 Section 715a, act July 9, 1921, ch. 42 July 26, 1935, ch. 420,  2 49 Stat. 505 Section 716, act July 9, 1921, ch. 42, title II,  223 42 Stat. 115 Section 717, act July 9, 1921, ch. 42,  401 42 Stat. 121 Section 718, act July 9, 1921, ch. 42,  402 42 Stat. 121  721 to 723. Omitted  Editorial Notes Codification Sections 721 to 723, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union. Section 721, acts July 18, 1950, ch. 466 64 Stat. 344 Aug. 11, 1955, ch. 783 69 Stat. 637 Section 721a, acts July 18, 1950, ch. 466 64 Stat. 344 Aug. 11, 1955, ch. 783 69 Stat. 637 Section 721b, act July 18, 1950, ch. 466, title I,  103 64 Stat. 345 Section 722, acts July 10, 1937, ch. 484 50 Stat. 508 July 18, 1950, ch. 466 64 Stat. 345 Section 723, act June 27, 1934, ch. 847,  214 Apr. 23, 1949, ch. 89,  2(a) 63 Stat. 57 section 1715d of Title 12  724. Repealed. Aug. 2, 1954, ch. 649 68 Stat. 622   Section, acts Apr. 23, 1949, ch. 89,  2(b) 63 Stat. 58 June 30, 1953, ch. 170,  25(b) 67 Stat. 128 CHAPTER 4 PUERTO RICO    SUBCHAPTER IGENERAL PROVISIONS  Sec.  731. Territory included under name Puerto Rico.  731a. Change of name; Puerto Rico.  731b. Organization of a government pursuant to a constitution.  731c. Submission of sections 731b to 731e of this title to people of Puerto Rico for referendum; convening of constitutional convention; requisites of constitution.  731d. Ratification of constitution by Congress.  731e. Chapter continued in force and effect.  732. Repealed.  733. Citizens; former Spanish subjects and children; body politic; name.  733a. Citizens; residence in island of citizens of United States.  733a1 733b. Repealed or Omitted.  734. United States laws extended to Puerto Rico; internal revenue receipts covered into treasury.  734a. Extension of industrial alcohol and internal revenue laws to Puerto Rico.  735. Repealed.  736. Puerto Rican law modified.  737. Privileges and immunities.  738. Free interchange of merchandise with United States.  739. Duties on foreign imports; books and pamphlets in English language.  740. Duties and taxes to constitute fund for benefit of Puerto Rico; ports of entry.  741. Export duties, taxes, etc.; bonds to anticipate revenues.  741a. Internal-revenue taxes; levy and collection; discrimination.  742. Acknowledgment of deeds.  743. Repealed.  744. Coasting trade laws.  745. Tax exempt bonds.  745a. Public improvement bonds sold to United States or agency thereof excluded from public indebtedness.  745b. Refunding bonds excluded temporarily in computing indebtedness.  746. Public lands and buildings; reservations; rights prior to July 1, 1902  747. Public property transferred; control defined.  748. Conveyance by President to people of lands, buildings, etc.  749. Harbors and navigable waters transferred; definitions.  750. Repealed.  751. Interstate commerce and certain other laws inapplicable to Puerto Rico.  752. Corporate real estate holdings.  753 755. Repealed or Omitted.  SUBCHAPTER IITHE EXECUTIVE AND GOVERNMENT OFFICIALS  771 793b. Repealed.  794. Official reports.  795. Government expenses payable out of revenues.  796 799. Repealed.  SUBCHAPTER IIITHE LEGISLATURE  811 820. Repealed.  821. Legislative power.  822 844. Repealed or Omitted.  845. Income tax laws; modification or repeal by legislature.  SUBCHAPTER IVTHE JUDICIARY  861 863. Repealed or Omitted.  864. Appeals, certiorari, removal of causes, etc.; use of English language.  865 867. Repealed or Omitted.  868. Fees part of United States revenues.  869. Fees payable by United States out of revenue of Puerto Rico.  870 871. Repealed or Omitted.  872. Habeas corpus; mandamus; suit to restrain assessment or collection of taxes.  873 873a. Repealed.  874. Judicial process; officials to be citizens of United States; oath.  875 876. Repealed.  SUBCHAPTER VRESIDENT COMMISSIONER  891. Resident Commissioner; election.  892. Qualifications of Commissioner; appointment to fill vacancy.  893. Salary of Commissioner; allowances; franking privilege.  894. Salary and traveling expenses; payment.  SUBCHAPTER VISLUM CLEARANCE AND URBAN REDEVELOPMENT PROJECTS  910. Slum clearance and urban redevelopment and renewal projects; powers of government.  910a. Authorization of loans, conveyances, etc., by government and municipalities.  910b. Ratification of prior acts.  SUBCHAPTER VIILOW RENT HOUSING PROJECTS AND ELIMINATION OF SUB-STANDARD HOUSING  911. Legislative authorization to create authorities.  912. Authority to appoint commissioners; powers of authorities.  913. Authorization of loans, conveyances, etc., by municipalities.  914. Issuance of bonds and obligations.  915. Bonds as public debt.  916. Ratification of previous legislation. SUBCHAPTER I GENERAL PROVISIONS  731. Territory included under name Puerto Rico  The provisions of this chapter shall apply to the island of Puerto Rico and to the adjacent islands belonging to the United States and waters of those islands; and the name Puerto Rico, as used in this chapter, shall be held to include not only the island of that name, but all the adjacent islands as aforesaid. ( Mar. 2, 1917, ch. 145,  1 39 Stat. 951 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning act Mar. 2, 1917, ch. 145 39 Stat. 951 Prior Provisions Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191 31 Stat. 77 Section 1 of act Apr. 12, 1900 Dec. 10, 1898 30 Stat. 1754 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title Short Title Act July 3, 1950, ch. 446,  4 64 Stat. 319 act of Mar. 2, 1917, ch. 145 39 Stat. 951 section 1019 of this title section 46 of Title 2 section 358 of Title 8 Mar. 2, 1917 United States-Puerto Rico Commission on the Status of Puerto Rico Pub. L. 88271 Feb. 20, 1964 78 Stat. 17 Pub. L. 8984 July 24, 1965 79 Stat. 261 Sept. 30, 1966 Executive Documents Administration of Government The administration of the Government of Puerto Rico was transferred from the Bureau of Insular Affairs to the Office of Territories (formerly the Division of Territories and Island Possessions and now the Office of Territorial Affairs), in the Department of the Interior by Executive Order No. 6726, eff. May 29, 1934 Mar. 2, 1935 section 731d of this title  Ex. Ord. No. 13183. Establishment of the Presidents Task Force on Puerto Ricos Status Ex. Ord. No. 13183, Dec. 23, 2000 Apr. 30, 2001 Dec. 3, 2003 Oct. 30, 2009 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section Policy Sec The Presidents Task Force on Puerto Ricos Status Sec Functions Sec Report  731a. Change of name; Puerto Rico  From and after May 17, 1932 March 2, 1917 ( May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes  References in Text Act approved March 2, 1917 act Mar. 2, 1917, ch. 145 39 Stat. 951 section 731 of this title Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.  731b. Organization of a government pursuant to a constitution  Fully recognizing the principle of government by consent, sections 731b to 731e of this title are now adopted in the nature of a compact so that the people of Puerto Rico may organize a government pursuant to a constitution of their own adoption. ( July 3, 1950, ch. 446,  1 64 Stat. 319  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries Repeals Act July 3, 1950, ch. 446,  6 64 Stat. 320 All laws or parts of laws inconsistent with this Act [enacting sections 731b to 731e of this title] are hereby repealed.  731c. Submission of sections 731b to 731e of this title to people of Puerto Rico for referendum; convening of constitutional convention; requisites of constitution  Sections 731b to 731e of this title shall be submitted to the qualified voters of Puerto Rico for acceptance or rejection through an island-wide referendum to be held in accordance with the laws of Puerto Rico. Upon the approval of said sections, by a majority of the voters participating in such referendum, the Legislature of Puerto Rico is authorized to call a constitutional convention to draft a constitution for the said island of Puerto Rico. The said constitution shall provide a republican form of government and shall include a bill of rights. ( July 3, 1950, ch. 446,  2 64 Stat. 319  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries Constitutional Convention A constitutional convention to draft a constitution for the island of Puerto Rico convened in San Juan on Sept. 17, 1951 Feb. 6, 1952 Referendum Act July 3, 1950 June 4, 1951  731d. Ratification of constitution by Congress  Upon adoption of the constitution by the people of Puerto Rico, the President of the United States is authorized to transmit such constitution to the Congress of the United States if he finds that such constitution conforms with the applicable provisions of sections 731b to 731e of this title and of the Constitution of the United States. Upon approval by the Congress the constitution shall become effective in accordance with its terms. ( July 3, 1950, ch. 446,  3 64 Stat. 319  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries Constitution of the Commonwealth of Puerto Rico Constitution of the Commonwealth of Puerto Rico was approved by the Constitutional Convention of Puerto Rico on Feb. 6, 1952 Mar. 3, 1952 July 3, 1952, ch. 567 66 Stat. 327 July 25, 1952  731e. Chapter continued in force and effect  This chapter is continued in force and effect. ( July 3, 1950, ch. 446,  4 64 Stat. 319  Editorial Notes  References in Text This chapter, referred to in text, was in the original the Act entitled An Act to provide a civil government for Porto Rico, and for other purposes, approved March 2, 1917 act Mar. 2, 1917, ch. 145 39 Stat. 951 section 731 of this title Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.  732. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section, acts Mar. 2, 1917, ch. 145,  4 39 Stat. 953 May 17, 1932, ch. 190 47 Stat. 158 act Apr. 12, 1900, ch. 191 31 Stat. 79 July 3, 1950 Statutory Notes and Related Subsidiaries Effective Date of Repeal Act July 3, 1950, ch. 446,  5 64 Stat. 320 section 731d of this title act July 3, 1952, ch. 567 66 Stat. 327 July 25, 1952  733. Citizens; former Spanish subjects and children; body politic; name  All inhabitants continuing to reside in Puerto Rico who were Spanish subjects on the 11th day of April 1899, and then resided in Puerto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Puerto Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the 11th day of April 1900, in accordance with the provisions of the treaty of peace between the United States and Spain entered into on the 11th day of April 1899; and they, together with such citizens of the United States as may reside in Puerto Rico, shall constitute a body politic under the name of the People of Puerto Rico, with governmental powers as hereinafter conferred, and with power to sue and be sued as such. ( Apr. 12, 1900, ch. 191,  7 31 Stat. 79 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  733a. Citizens; residence in island of citizens of United States  All citizens of the United States who have resided or who shall after March 4, 1927 ( Mar. 2, 1917, ch. 145,  5a Mar. 4, 1927, ch. 503,  2 44 Stat. 1418 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification Section was formerly classified to section 5a of Title 8 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  733a1. Repealed. June 27, 1952, ch. 477 66 Stat. 279   Section, act Mar. 2, 1917, ch. 145,  5b June 25, 1948, ch. 649 62 Stat. 1015 section 804(c) of Title 8  733b. Omitted  Editorial Notes Codification Prior to the enactment of the Nationality Act of 1940, act Oct. 14, 1940, ch. 876 54 Stat. 1137 act Mar. 2, 1917, ch. 145,  5b June 27, 1934, ch. 845 48 Stat. 1245 All persons born in Puerto Rico on or after April 11, 1899 June 27, 1934 Provided And provided further March 2, 1917 section 369 of title 8 The second proviso thereof was repealed by section 504 of the Nationality Act of 1940. Provisions relating to citizenship of persons born in Puerto Rico, are contained in section 1402 of Title 8  734. United States laws extended to Puerto Rico; internal revenue receipts covered into treasury  The statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Puerto Rico as in the United States, except the internal revenue laws other than those contained in the Philippine Trade Act of 1946 [ 22 U.S.C. 1251 22 U.S.C. 1371 Provided, however May 1, 1946 ( Mar. 2, 1917, ch. 145,  9 39 Stat. 954 May 17, 1932, ch. 190 47 Stat. 158 Apr. 30, 1946, ch. 244 60 Stat. 158 Aug. 1, 1955, ch. 438 69 Stat. 427  Editorial Notes  References in Text The Philippine Trade Act of 1946, referred to in text, is act Apr. 30, 1946, ch. 244 60 Stat. 141 section 1354 of Title 22 The Philippine Trade Agreement Revision Act of 1955, referred to in text, is act Aug. 1, 1955, ch. 438 69 Stat. 413 section 1373 of Title 22 The internal revenue laws of the United States, referred to in text, are classified generally to Title 26, Internal Revenue Code. Prior Provisions Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191,  14 31 Stat. 80 Apr. 12, 1900 section 738 of this title Amendments 1955Act Aug. 1, 1955 1946Act Apr. 30, 1946 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title Effective Date of 1955 Amendment Amendment by act Aug. 1, 1955 Jan. 1, 1956 Aug. 1, 1955 section 1373 of Title 22 Effective Date of 1946 Amendment Amendment by act Apr. 30, 1946 Apr. 30, 1946 Apr. 30, 1946 section 1354 of Title 22 Executive Documents  Ex. Ord. No. 9909. Exempting District Court of the United States for Puerto Rico and the Department of Justice From Making Reports Required by This Section Ex. Ord. No. 9909, eff. Dec. 9, 1947 By virtue of the authority vested in me by section 49b(2) of the Organic Act of Puerto Rico, as amended by section 6 of the Act of August 5, 1947 section 793b of this title  Harry S. Truman.  Ex. Ord. No. 10005. Establishment of Presidents Advisory Commission on Relation of Federal Laws to Puerto Rico Ex. Ord. No. 10005, eff. Oct. 5, 1948 WHEREAS section 9 of the Organic Act of Puerto Rico, 39 Stat. 954 WHEREAS section 49b(3) of the said Act, which was added by section 6 of the act of August 5, 1947 61 Stat. 772 section 793b of this title NOW, THEREFORE, by virtue of the authority vested in me by the said Organic Act of Puerto Rico, and as President of the United States, it is ordered as follows: 1. There is hereby created a commission to be known as the Presidents Advisory Commission on the Relation of Federal Laws to Puerto Rico, which shall be composed of nine members to be designated by the President and to serve without compensation. 2. The Commission shall from time to time make recommendations to the President concerning the exercise of his power under section 49b(3) of the Organic Act of Puerto Rico [ section 793b of this title 3. All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the Commission in its work and to furnish the Commission such information as the Commission may require in the performance of its duties. 4. The Commission shall continue to exist until the President terminates its existence by Executive order.  Harry S. Truman.  Administrative Treatment of Puerto Rico as a State Memorandum of President of the United States, Nov. 30, 1992 Memorandum for the Heads of Executive Departments and Agencies Puerto Rico is a self-governing territory of the United States whose residents have been United States citizens since 1917 and have fought valorously in five wars in the defense of our Nation and the liberty of others. On July 25, 1952 Because Puerto Ricos degree of constitutional self-government, population, and size set it apart from other areas also subject to Federal jurisdiction under Article IV, section 3, clause 2 of the Constitution, I hereby direct all Federal departments, agencies, and officials, to the extent consistent with the Constitution and the laws of the United States, henceforward to treat Puerto Rico administratively as if it were a State, except insofar as doing so with respect to an existing Federal program or activity would increase or decrease Federal receipts or expenditures, or would seriously disrupt the operation of such program or activity. With respect to a Federal program or activity for which no fiscal baseline has been established, this memorandum shall not be construed to require that such program or activity be conducted in a way that increases or decreases Federal receipts or expenditures relative to the level that would obtain if Puerto Rico were treated other than as a State. If any matters arise involving the fundamentals of Puerto Ricos status, they shall be referred to the Office of the President. This guidance shall remain in effect until Federal legislation is enacted altering the current status of Puerto Rico in accordance with the freely expressed wishes of the people of Puerto Rico. The memorandum for the heads of executive departments and agencies on this subject, issued July 25, 1961 This memorandum shall be published in the Federal Register.  George Bush.  734a. Extension of industrial alcohol and internal revenue laws to Puerto Rico  Title III of the National Prohibition Act, as amended, and all provisions of the internal revenue laws relating to the enforcement thereof, are extended to and made applicable to Puerto Rico from and after August 27, 1935 ( June 26, 1936, ch. 830 49 Stat. 1957  Editorial Notes  References in Text The National Prohibition Act, as amended, referred to in text, is act Oct. 28, 1919, ch. 85 41 Stat. 305 Codification Provisions similar to those comprising this section relating to the Virgin Islands are classified to section 1402 of this title Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.  735. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section, acts Mar. 2, 1917, ch. 145,  57 39 Stat. 968 May 17, 1932, ch. 190 47 Stat. 158 act Apr. 12, 1900, ch. 191 31 Stat. 80 July 3, 1950 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective July 25, 1952 section 732 of this title  736. Puerto Rican law modified  So much of the law which was in force at the time of cession, April 11th, 1899, forbidding the marriage of priests, ministers, or followers of any faith because of vows they may have taken, being paragraph 4, article 83, chapter 3, civil code, and which was continued by the order of the secretary of justice of Puerto Rico, dated March 17, 1899 March 17, 1899 ( Apr. 12, 1900, ch. 191,  8 31 Stat. 79 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  737. Privileges and immunities  The rights, privileges, and immunities of citizens of the United States shall be respected in Puerto Rico to the same extent as though Puerto Rico were a State of the Union and subject to the provisions of paragraph 1 of section 2 of article IV of the Constitution of the United States. ( Mar. 2, 1917, ch. 145,  2 39 Stat. 951 Feb. 3, 1921, ch. 34,  1 41 Stat. 1096 Mar. 2, 1934, ch. 37,  1 48 Stat. 361 Aug. 5, 1947, ch. 490,  7 61 Stat. 772 July 3, 1950, ch. 446,  5(1) 64 Stat. 320  Editorial Notes Amendments 1950Act July 3, 1950 1947Act Aug. 5, 1947 1934Act Mar. 2, 1934 Statutory Notes and Related Subsidiaries Effective Date of 1950 Amendment Amendment by act July 3, 1950 July 25, 1952 section 732 of this title  738. Free interchange of merchandise with United States  All merchandise and articles coming into the United States from Puerto Rico and coming into Puerto Rico from the United States shall be entered at the several ports of entry free of duty and in no event shall any tariff duties be collected on said merchandise or articles. ( Apr. 12, 1900, ch. 191,  3 31 Stat. 77 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification Act Apr. 12, 1900 March 1, 1902 July 25, 1901 32 Stat. 1983 Section 3 also contained provisions relating to a tax on merchandise of Porto Rican manufacture equal to the internal-revenue tax imposed in the United States, and on merchandise of United States manufacture coming into Porto Rico, a tax equal to the internal-revenue tax imposed in Porto Rico upon like articles of Porto Rican manufacture which are contained in sections 7652 and 7653 of Title 26, Internal Revenue Code. Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  739. Duties on foreign imports; books and pamphlets in English language  The same tariffs, customs, and duties shall be levied, collected, and paid upon all articles imported into Puerto Rico from ports other than those of the United States which are required by law to be collected upon articles imported into the United States from foreign countries. All books and pamphlets printed in the English language shall be admitted into Puerto Rico free of duty when imported from the United States. ( Apr. 12, 1900, ch. 191,  2 31 Stat. 77 Aug. 5, 1909, ch. 6,  1 36 Stat. 71 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Amendments 1909Act Aug. 5, 1909 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  740. Duties and taxes to constitute fund for benefit of Puerto Rico; ports of entry  The duties and taxes collected in Puerto Rico in pursuance of the provisions of this Act, less the cost of collecting the same, and the gross amount of all collections of duties and taxes in the United States upon articles of merchandise coming from Puerto Rico, shall be paid into the treasury of Puerto Rico to be expended as required by law for the government and benefit thereof, and the Secretary of the Treasury shall designate the several ports and subports of entry in Puerto Rico and shall make such rules and regulations and appoint such agents as may be necessary to collect the duties and taxes authorized to be levied, collected, and paid in Puerto Rico by the provisions of this Act, and he shall fix the compensation and provide for the payment thereof of all such officers, agents, and assistants as he may find it necessary to employ to carry out the provisions of law. ( Apr. 12, 1900, ch. 191,  4 31 Stat. 78 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes  References in Text This Act, referred to in text, means act Apr. 12, 1900, ch. 191 31 Stat. 77 Codification Additional provisions of act Apr. 12, 1900 Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title Expenditures for Governmental and Public Purposes The amount of customs revenue received by the United States on importations from Puerto Rico since its evacuation by the Spanish forces together with all that should thereafter be collected under the existing law were placed at the disposal of the President to be used for governmental and public purposes in Puerto Rico, by act Mar. 24, 1900, ch. 91 31 Stat. 51 Executive Documents  Transfer of Functions All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966 May 25, 1965 79 Stat. 1317 July 31, 1950 64 Stat. 1280  741. Export duties, taxes, etc.; bonds to anticipate revenues  No export duties shall be levied or collected on exports from Puerto Rico, but taxes and assessments on property, income taxes, internal revenue, and license fees, and royalties for franchises, privileges, and concessions may be imposed for the purposes of the insular and municipal governments, respectively, as may be provided and defined by the Legislature of Puerto Rico; and when necessary to anticipate taxes and revenues, bonds and other obligations may be issued by Puerto Rico or any municipal government therein as may be provided by law, and to protect the public credit. ( Mar. 2, 1917, ch. 145,  3 39 Stat. 953 Feb. 3, 1921, ch. 34,  2 41 Stat. 1096 Mar. 4, 1927, ch. 503,  1 44 Stat. 1418 Aug. 26, 1937, ch. 831 50 Stat. 843  Editorial Notes Codification Section is comprised of first part of section 3 of act Mar. 2, 1917 Prior Provisions Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191,  38 31 Stat. 86 Amendments 1937Act Aug. 26, 1937 1927Act Mar. 4, 1927 1921Act Feb. 3, 1921  741a. Internal-revenue taxes; levy and collection; discrimination  The internal-revenue taxes levied by the Legislature of Puerto Rico in pursuance of the authority granted by this chapter on articles, goods, wares, or merchandise may be levied and collected as such legislature may direct, on the articles subject to said tax, as soon as the same are manufactured, sold, used, or brought into the island: Provided ( Mar. 2, 1917, ch. 145,  3 39 Stat. 953 Mar. 4, 1927, ch. 503,  1 44 Stat. 1418 Aug. 26, 1937, ch. 831 50 Stat. 844  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning act Mar. 2, 1917, ch. 145 39 Stat. 951 section 731 of this title Codification Section is comprised of last part of section 3 of act Mar. 2, 1917 Mar. 4, 1927 Amendments 1937Act Aug. 26, 1937  742. Acknowledgment of deeds  Deeds and other instruments affecting land situate in the District of Columbia, or any other territory or possession of the United States, may be acknowledged in Puerto Rico before any notary public appointed therein by proper authority, or any officer therein who has ex officio the powers of a notary public. The certificate by such notary shall be accompanied by the certificate of the executive secretary of Puerto Rico to the effect that the notary taking such acknowledgment is in fact such notarial officer. ( Mar. 2, 1917, ch. 145,  54 39 Stat. 968 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in act Mar. 22, 1902, ch. 273 32 Stat. 88 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  743. Repealed. July 1, 1944, ch. 373 58 Stat. 714   Section, acts Apr. 12, 1900, ch. 191,  10 31 Stat. 80 Aug. 14, 1912, ch. 288 37 Stat. 309 May 17, 1932, ch. 190 47 Stat. 158 section 267 of Title 42 Statutory Notes and Related Subsidiaries Renumbering of Repealing Act Title XIII,  1313, formerly title VI,  611, of act July 1, 1944 act Aug. 13, 1946, ch. 958,  5 60 Stat. 1049 act Feb. 28, 1948, ch. 83,  9(b) 62 Stat. 47 act July 30, 1956, ch. 779,  3(b) 70 Stat. 721 Pub. L. 88581,  4(b) Sept. 4, 1964 78 Stat. 919 Pub. L. 89239,  3(b) Oct. 6, 1965 79 Stat. 931 Pub. L. 91572,  6(b) Dec. 24, 1970 84 Stat. 1506 Pub. L. 92294,  3(b) May 16, 1972 86 Stat. 137 Pub. L. 93154,  2(b)(2) Nov. 16, 1973 87 Stat. 604 Pub. L. 93222,  7(b) Dec. 29, 1973 87 Stat. 936  744. Coasting trade laws  The coasting trade between Puerto Rico and the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts of the United States. ( Apr. 12, 1900, ch. 191,  9 31 Stat. 79 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification Additional provisions of section 9 of act Apr. 12, 1900 April 11, 1889 Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  745. Tax exempt bonds  All bonds issued by the Government of Puerto Rico, or by its authority, shall be exempt from taxation by the Government of the United States, or by the Government of Puerto Rico or of any political or municipal subdivision thereof, or by any State, Territory, or possession, or by any county, municipality, or other municipal subdivision of any State, Territory, or possession of the United States, or by the District of Columbia. ( Mar. 2, 1917, ch. 145,  3 39 Stat. 953 Feb. 3, 1921, ch. 34,  2 41 Stat. 1096 Mar. 4, 1927, ch. 503,  1 44 Stat. 1418 Aug. 26, 1937, ch. 831 50 Stat. 844 Aug. 17, 1950, ch. 731 64 Stat. 458 Pub. L. 87121,  1 Aug. 3, 1961 75 Stat. 245  Editorial Notes Codification Section is comprised of second part of section 3 of act Mar. 2, 1917 Prior Provisions Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191,  38 31 Stat. 86 Amendments 1961 Pub. L. 87121 1950Act Aug. 17, 1950 1937Act Aug. 26, 1937 August 26, 1937 March 4, 1927 1927Act Mar. 4, 1927 August 26, 1937 1921Act Feb. 3, 1921 Statutory Notes and Related Subsidiaries Effective Date of 1961 Amendment Pub. L. 87121,  2 Aug. 3, 1961 75 Stat. 245 Section 1 of this Act [amending this section] shall take effect upon a majority of the qualified electors of Puerto Rico having voted in a referendum pursuant to section 1 of article VII of the constitution of the Commonwealth of Puerto Rico, to include provisions in the Commonwealth constitution, in lieu of the provisions of section 3 of the Puerto Rican Federal Relations Act [this section] specified herein, limiting the debt-incurring capacity of the Commonwealth and of its municipalities (as proposed in the concurrent resolution of the legislative assembly of the Commonwealth). [Referendum held Dec. 10, 1961  745a. Public improvement bonds sold to United States or agency thereof excluded from public indebtedness  Bonds or other obligations of Puerto Rico or any municipal government therein, payable solely from revenues derived from any public improvement or undertaking (which revenues may include transfers by agreement or otherwise from the regular funds of the issuer in respect of the use by it of the facilities afforded by such improvement or undertaking), and issued and sold to the United States of America or any agency or instrumentality thereof, shall not be considered public indebtedness of the issuer within the meaning of section 745 of this title ( Aug. 13, 1935, ch. 516 49 Stat. 611  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.  745b. Refunding bonds excluded temporarily in computing indebtedness  Any bonds or other obligations of Puerto Rico issued after August 3, 1935 section 745 of this title ( Aug. 3, 1935, ch. 435 49 Stat. 516  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.  746. Public lands and buildings; reservations; rights prior to July 1, 1902  All public lands and buildings, not including harbor areas and navigable streams and bodies of water and the submerged lands underlying the same, owned by the United States in the island of Puerto Rico and not reserved by the President of the United States prior to July 1, 1903 ( July 1, 1902, ch. 1383,  1 32 Stat. 731 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title Law Library Act July 1, 1902, ch. 1383,  2 32 Stat. 732 Expenses and Term of Resident Commissioner Act July 1, 1902, ch. 1383,  3 32 Stat. 732  747. Public property transferred; control defined  All property which may have been acquired in Puerto Rico by the United States under the cession of Spain in the treaty of peace entered into on the 10th day of December 1898, in any public bridges, road houses, water powers, highways, unnavigable streams and the beds thereof, subterranean waters, mines or minerals under the surface of private lands, all property which at the time of the cession belonged, under the laws of Spain then in force, to the various harbor works boards of Puerto Rico, all the harbor shores, docks, slips, reclaimed lands, and all public lands and buildings not reserved by the United States for public purposes prior to March 2, 1917 ( Mar. 2, 1917, ch. 145,  7 39 Stat. 954 May 17, 1932, ch. 190 47 Stat. 158 Pub. L. 96205, title VI,  606(b) Mar. 12, 1980 94 Stat. 91  Editorial Notes Codification Section is comprised of that part of section 7 of act Mar. 2, 1917 section 748 of this title Prior Provisions Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191,  13 31 Stat. 80 Amendments 1980 Pub. L. 96205 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  748. Conveyance by President to people of lands, buildings, etc.  The President may, from time to time, in his discretion, convey to the people of Puerto Rico, such lands, buildings, or interests in lands, or other property now owned by the United States, and within the territorial limits of Puerto Rico as in his opinion are no longer needed for purposes of the United States. And he may from time to time accept by legislative grant from Puerto Rico any lands, buildings, or other interests or property which may be needed for public purposes by the United States. ( Mar. 2, 1917, ch. 145,  7 39 Stat. 954 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification Section is comprised of proviso clause of section 7 of act Mar. 2, 1917 section 747 of this title Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title Executive Documents  Delegation of Functions For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, eff. June 5, 1951 section 301 of Title 3  749. Harbors and navigable waters transferred; definitions  The harbor areas and navigable streams and bodies of water and submerged lands underlying the same in and around the island of Puerto Rico and the adjacent islands and waters, owned by the United States on March 2, 1917 March 2, 1917 ( Mar. 2, 1917, ch. 145,  8 39 Stat. 954 May 17, 1932, ch. 190 47 Stat. 158 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 96205, title VI,  606(a) Mar. 12, 1980 94 Stat. 91  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning act Mar. 2, 1917, ch. 145 39 Stat. 951 section 731 of this title Codification A further provision of section 8 of act Mar. 2, 1917 act June 11, 1906, ch. 3075 34 Stat. 234 Amendments 1980 Pub. L. 96205 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II 61 Stat. 501 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  750. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section, acts Mar. 2, 1917, ch. 145,  38 39 Stat. 964 Mar. 4, 1927, ch. 503,  6 44 Stat. 1420 June 24, 1948, ch. 610,  7 62 Stat. 580 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective July 25, 1952 section 732 of this title  751. Interstate commerce and certain other laws inapplicable to Puerto Rico  Subtitle IV of title 49, and the Safety Appliance Acts and the several amendments made or to be made thereto, shall not apply to Puerto Rico. ( Mar. 2, 1917, ch. 145,  38 39 Stat. 964 Mar. 4, 1927, ch. 503,  6 44 Stat. 1421 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes  References in Text The Safety Appliance Acts, referred to in text, are acts Mar. 2, 1893, ch. 196 27 Stat. 531 Mar. 2, 1903, ch. 976 32 Stat. 943 Apr. 14, 1910, ch. 160 36 Stat. 298 Pub. L. 103272 July 5, 1994 108 Stat. 863 Apr. 14, 1910 section 15 of Title 45 section 501(b) of Title 49 Pub. L. 97449 Jan. 12, 1983 96 Stat. 2413 Codification Subtitle IV of title 49 substituted in text for The Interstate Commerce Act and the several amendments made or to be made thereto [ 49 U.S.C. 1 February 4, 1887 March 1, 1913 49 U.S.C. 19a Pub. L. 95473,  3(b) Oct. 17, 1978 92 Stat. 1466 Section is comprised of second paragraph of section 38 of act Mar. 2, 1917 Amendments 1927Act Mar. 4, 1927 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  752. Corporate real estate holdings  No corporation shall be authorized to conduct the business of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purposes for which it was created, and every corporation authorized after May 1, 1900 ( May 1, 1900 31 Stat. 716 Mar. 2, 1917, ch. 145,  39 39 Stat. 964 May 17, 1932, ch. 190 47 Stat. 158 July 3, 1950, ch. 446,  5(2) 64 Stat. 320  Editorial Notes Codification Section is comprised of section 3 (less first sentence) of act May 1, 1900 Mar. 2, 1917 July 3, 1950 That all franchises, privileges or concessions granted under section thirty-two of said Act [ act Apr. 12, 1900, ch. 191 31 Stat. 83 Section was not enacted as a part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title Repeals Section 5(2) of act July 3, 1950 Mar. 2, 1917 July 25, 1952 Effective Date of Repeal Repeal of section 39 of act Mar. 2, 1917 July 25, 1952 section 732 of this title  753, 754. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section 753, acts Mar. 2, 1917, ch. 145,  38 39 Stat. 964 Mar. 4, 1927, ch. 503,  6 44 Stat. 1420 May 17, 1932, ch. 190 47 Stat. 158  Section 754, acts Mar. 2, 1917, ch. 145,  35 39 Stat. 963 May 17, 1932, ch. 190 47 Stat. 158 section 814a of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal of sections 753 and 754 effective July 25, 1952 section 732 of this title  755. Omitted  Editorial Notes Codification Section, act Apr. 12, 1900, ch. 191,  11 31 Stat. 80 Apr. 12, 1900 Feb. 1, 1900 Apr. 12, 1900 SUBCHAPTER II THE EXECUTIVE AND GOVERNMENT OFFICIALS  771 to 793. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section 771, acts Mar. 2, 1917, ch. 145,  12 39 Stat. 950 May 17, 1932, ch. 190 47 Stat. 158 Aug. 5, 1947, ch. 490,  1 61 Stat. 770  Section 771a, act Mar. 2, 1917, ch. 145,  12a Aug. 5, 1947, ch. 490,  2 61 Stat. 771  Section 772, acts Mar. 2, 1917, ch. 145,  24 39 Stat. 958 Aug. 5, 1947, ch. 490,  4 61 Stat. 771  Section 773, acts Mar. 2, 1917, ch. 145,  13 39 Stat. 955 Feb. 18, 1931, ch. 218,  1 46 Stat. 1168  Section 774, act Mar. 2, 1917, ch. 145,  37 39 Stat. 964  Section 775, acts Mar. 2, 1917, ch. 145,  13 39 Stat. 955 Feb. 18, 1931, ch. 218,  1 46 Stat. 1168 May 17, 1932, ch. 190 47 Stat. 158 Aug. 5, 1947, ch. 490,  3 61 Stat. 771  Section 776, acts Mar. 2, 1917, ch. 145,  13 39 Stat. 956 Feb. 18, 1931, ch. 218,  1 46 Stat. 1168 May 17, 1932, ch. 190 47 Stat. 158  Section 777, acts Mar. 2, 1917, ch. 145,  13 39 Stat. 956 Feb. 18, 1931, ch. 218,  1 46 Stat. 1168  Section 778, acts Mar. 2, 1917, ch. 145,  14 39 Stat. 956 May 17, 1932, ch. 190 47 Stat. 158  Section 779, acts Mar. 2, 1917, ch. 145,  22 39 Stat. 958 June 27, 1924, ch. 322,  2 43 Stat. 631 May 17, 1932, ch. 190 47 Stat. 158 June 24, 1948, ch. 610,  6 62 Stat. 580  Section 780, acts Mar. 2, 1917, ch. 145,  15 39 Stat. 956 May 17, 1932, ch. 190 47 Stat. 158  Section 781, acts Mar. 2, 1917, ch. 145,  15 39 Stat. 956 May 17, 1932, ch. 190 47 Stat. 158  Section 782, act Mar. 2, 1917, ch. 145,  16 39 Stat. 956  Section 783, acts Mar. 2, 1917, ch. 145,  17 39 Stat. 956 May 17, 1932, ch. 190 47 Stat. 158  Section 784, acts Mar. 2, 1917, ch. 145,  18 39 Stat. 957 Feb. 18, 1931, ch. 218,  2 46 Stat. 1168 May 17, 1932, ch. 190 47 Stat. 158  Section 784a, act Mar. 2, 1917, ch. 145,  18a Feb. 18, 1931, ch. 218,  3 46 Stat. 1169 May 17, 1932, ch. 190 47 Stat. 158  Section 785, act Mar. 2, 1917, ch. 145,  19 39 Stat. 957  Section 786, acts Mar. 2, 1917, ch. 145,  20 39 Stat. 957 June 7, 1924, ch. 322,  1 43 Stat. 631 Mar. 4, 1927, ch. 503,  3 44 Stat. 1419 May 17, 1932, ch. 190 47 Stat. 158 June 24, 1948, ch. 610,  5 62 Stat. 580  Section 787, acts Mar. 2, 1917, ch. 145,  20 39 Stat. 957 Mar. 4, 1927, ch. 503,  3 44 Stat. 1419  Section 788, acts Mar. 2, 1917, ch. 145,  20 39 Stat. 957 June 10, 1921, ch. 18 42 Stat. 23 Mar. 4, 1927, ch. 503,  3 44 Stat. 1419  Section 789, act Mar. 2, 1917, ch. 145,  21 39 Stat. 958  Section 790, acts Mar. 2, 1917, ch. 145,  20 39 Stat. 957 Mar. 4, 1927, ch. 503,  3 44 Stat. 1420  Section 791, acts Mar. 2, 1917, ch. 145,  20 39 Stat. 957 Mar. 4, 1927, ch. 503,  3 44 Stat. 1419  Section 792, acts Mar. 2, 1917, ch. 145,  20 39 Stat. 957 Mar. 4, 1927, ch. 503,  3 44 Stat. 1420  Section 793, acts Mar. 2, 1917, ch. 145,  20 39 Stat. 957 Mar. 4, 1927, ch. 503,  3 44 Stat. 1419 May 17, 1932, ch. 190 47 Stat. 158 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal of sections 771 to 793 effective July 25, 1952 section 732 of this title  793a. Repealed. June 30, 1954, ch. 428,  1 68 Stat. 336   Section, act Mar. 2, 1934, ch. 37,  4 48 Stat. 361 Statutory Notes and Related Subsidiaries Disposition of Moneys in Revolving Fund Act June 30, 1954, ch. 428,  2 68 Stat. 336  793b. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section, act Mar. 2, 1917, ch. 145,  49b Aug. 5, 1947, ch. 490,  6 61 Stat. 772 June 24, 1948, ch. 610,  1 62 Stat. 579 section 793 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective July 25, 1952 section 732 of this title  794. Official reports  All reports required by law to be made by the governor or heads of departments to any official of the United States shall be made to an executive department of the Government of the United States to be designated by the President, and the President is authorized to place all matters pertaining to the government of Puerto Rico in the jurisdiction of such department. ( Mar. 2, 1917, ch. 145,  11 39 Stat. 955 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in act July 15, 1909, ch. 4,  2 36 Stat. 11 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title Executive Documents  Ex. Ord. No. 9383. Coordination of Functions and Policies of Federal Civil Agencies in Puerto Rico and the Virgin Islands Ex. Ord. No. 9383, eff. Oct. 5, 1943 1. Each Federal civil agency performing services in Puerto Rico or in the Virgin Islands shall make current reports to the Secretary of the Interior concerning the work of such agency in such manner and form and at such times as may be prescribed by the Secretary of the Interior. 2. The Secretary of the Interior shall make such recommendations to the heads of Federal civil agencies so reporting as may in his judgment serve to correlate the work of such agencies in Puerto Rico and in the Virgin Islands, eliminate unessential Federal activities, assist insular agencies to assume increasing responsibility in civil administration, meet more efficiently the needs of the people of Puerto Rico and the Virgin Islands for essential Federal services, and implement the policies of the United States with respect to its island possessions. 3. The Secretary of the Interior shall from time to time report to the President and to the Congress concerning the actions taken pursuant to this order. 4. This order shall not be applicable to United States District Judges, United States Attorneys, and United States Marshals.  Franklin D. Roosevelt.  795. Government expenses payable out of revenues  All expenses that may be incurred on account of the government of Puerto Rico for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improvement or development of the island, not, however, including defenses, barracks, harbors, lighthouses, buoys, and other works undertaken by the United States, shall, except as otherwise specifically provided by the Congress, be paid by the treasurer of Puerto Rico out of the revenue in his custody. ( Mar. 2, 1917, ch. 145,  6 39 Stat. 953 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191,  12 31 Stat. 80 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  796 to 799. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section 796, acts Mar. 2, 1917, ch. 145,  53 39 Stat. 968 May 17, 1932, ch. 190 47 Stat. 158  Section 797, acts Mar. 2, 1917, ch. 145,  50 39 Stat. 967 June 7, 1924, ch. 322,  3 43 Stat. 631 May 29, 1928, ch. 904 45 Stat. 997 May 17, 1932, ch. 190 47 Stat. 158 Aug. 5, 1947, ch. 490,  5 61 Stat. 771 June 24, 1948, ch. 610,  2 62 Stat. 579 Sept. 7, 1949, ch. 544 63 Stat. 692  Section 798, acts Mar. 2, 1917, ch. 145,  50 39 Stat. 967 June 7, 1924, ch. 322,  3 43 Stat. 631 June 24, 1948, ch. 610,  2 62 Stat. 579 Sept. 7, 1949, ch. 544 63 Stat. 692  Section 799, act Mar. 2, 1917, ch. 145,  51 39 Stat. 967 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal of sections 796 to 799 effective July 25, 1952 section 732 of this title SUBCHAPTER III THE LEGISLATURE  811 to 820. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section 811, acts Mar. 2, 1917, ch. 145,  25 39 Stat. 958 May 17, 1932, ch. 190 47 Stat. 158  Section 812, acts Mar. 2, 1917, ch. 145,  26 39 Stat. 958 May 17, 1932, ch. 190 47 Stat. 158  Section 813, acts Mar. 2, 1917, ch. 145,  27 39 Stat. 959 May 17, 1932, ch. 190 47 Stat. 158  Section 814, acts Mar. 2, 1917, ch. 145,  28 39 Stat. 959 May 17, 1932, ch. 190 47 Stat. 158  Section 814a, acts Mar. 2, 1917, ch. 145,  35 39 Stat. 963 May 17, 1932, ch. 190 47 Stat. 158  Section 815, acts Mar. 2, 1917, ch. 145,  29 39 Stat. 959 May 17, 1932, ch. 190 47 Stat. 158  Section 816, act Mar. 2, 1917, ch. 145,  32 39 Stat. 960  Section 817, acts Mar. 2, 1917, ch. 145,  33 39 Stat. 960 Mar. 4, 1927, ch. 503,  5 44 Stat. 1420  Section 818, acts Mar. 2, 1917, ch. 145,  33 39 Stat. 960 Mar. 4, 1927, ch. 503,  5 44 Stat. 1420  Section 819, acts Mar. 2, 1917, ch. 145,  30 39 Stat. 959 May 17, 1932, ch. 190 47 Stat. 158 June 1, 1938, ch. 308 52 Stat. 595  Section 820, acts Mar. 2, 1917, ch. 145,  31 39 Stat. 960 Mar. 4, 1927, ch. 503,  4 44 Stat. 1420 May 17, 1932, ch. 190 47 Stat. 158 June 24, 1948, ch. 610,  4 62 Stat. 580 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal of sections 811 to 820 effective July 25, 1952 section 732 of this title  821. Legislative power  The legislative authority shall extend to all matters of a legislative character not locally inapplicable, including power to create, consolidate, and reorganize the municipalities so far as may be necessary, and to provide and repeal laws and ordinances therefor; also the power to alter, amend, modify, or repeal any or all laws and ordinances of every character in force in Puerto Rico or municipality or district thereof on March 2, 1917 ( Mar. 2, 1917, ch. 145,  37 39 Stat. 964 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning act Mar. 2, 1917, ch. 145 39 Stat. 951 section 731 of this title Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  822, 823. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section 822, act Mar. 2, 1917, ch. 145,  34 39 Stat. 960  Section 823, acts Mar. 2, 1917, ch. 145,  34 39 Stat. 960 May 17, 1932, ch. 190 47 Stat. 158 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal of sections 822 and 823 effective July 25, 1952 section 732 of this title  823a. Omitted  Editorial Notes Codification Section, act June 16, 1938, ch. 460 52 Stat. 708  824 to 844. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section 824, act Mar. 2, 1917, ch. 145,  34 39 Stat. 961  Section 825, act Mar. 2, 1917, ch. 145,  34 39 Stat. 960  Section 826, acts Mar. 2, 1917, ch. 145,  34 39 Stat. 961 May 29, 1928, ch. 901,  1(128) 45 Stat. 996 Feb. 28, 1929, ch. 364 45 Stat. 1348 May 17, 1932, ch. 190 47 Stat. 158  Section 827, act Mar. 2, 1917, ch. 145,  34 39 Stat. 961  Section 828, act Mar. 2, 1917, ch. 145,  34 39 Stat. 961  Section 829, act Mar. 2, 1917, ch. 145,  34 39 Stat. 961  Section 830, act Mar. 2, 1917, ch. 145,  34 39 Stat. 961  Section 831, act Mar. 2, 1917, ch. 145,  34 39 Stat. 962  Section 832, act Mar. 2, 1917, ch. 145,  34 39 Stat. 962  Section 833, act Mar. 2, 1917, ch. 145,  34 39 Stat. 962  Section 834, act Mar. 2, 1917, ch. 145,  34 39 Stat. 962  Section 835, act Mar. 2, 1917, ch. 145,  34 39 Stat. 962  Section 836, act Mar. 2, 1917, ch. 145,  34 39 Stat. 962  Section 837, act Mar. 2, 1917, ch. 145,  34 39 Stat. 962  Section 838, acts Mar. 2, 1917, ch. 145,  34 39 Stat. 962 June 24, 1948, ch. 610,  3 62 Stat. 580  Section 839, act Mar. 2, 1917, ch. 145,  34 39 Stat. 962  Section 840, act Mar. 2, 1917, ch. 145,  34 39 Stat. 960  Section 841, acts Mar. 2, 1917, ch. 145,  34 39 Stat. 962 May 17, 1932, ch. 190 47 Stat. 158  Section 842, acts Mar. 2, 1917, ch. 145,  23 39 Stat. 958 May 17, 1932, ch. 190 47 Stat. 158  Section 843, acts Mar. 2, 1917, ch. 145,  34 39 Stat. 962 May 17, 1932, ch. 190 47 Stat. 158  Section 844, act Mar. 2, 1917, ch. 145,  34 39 Stat. 962 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal of sections 824 to 844 effective July 25, 1952 section 732 of this title  845. Income tax laws; modification or repeal by legislature  The Puerto Rican Legislature shall have power by due enactment to amend, alter, modify, or repeal the income tax laws in force in Puerto Rico. ( Feb. 26, 1926, ch. 27 44 Stat. 52 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification Similar provisions of act Feb. 26, 1926 section 1055 of this title Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Prior Provisions Provisions similar to those in this section were contained in act June 2, 1924, ch. 234,  261 43 Stat. 294 Feb. 26, 1926 Jan. 1, 1925 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title SUBCHAPTER IV THE JUDICIARY  861. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section, acts Mar. 2, 1917, ch. 145,  40 39 Stat. 965 May 17, 1932, ch. 190 47 Stat. 158 Mar. 2, 1917 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective July 25, 1952 section 732 of this title  862. Omitted  Editorial Notes Codification Section, act Sept. 21, 1922, ch. 365 42 Stat. 993 act Oct. 28, 1919, ch. 85 41 Stat. 305  863. Repealed. Pub. L. 91272,  13 June 2, 1970 84 Stat. 298   Section, acts Mar. 2, 1917, ch. 145,  41 39 Stat. 965 Feb. 25, 1919, ch. 29,  1 40 Stat. 1156 Mar. 4, 1921, ch. 161,  1 41 Stat. 1412 Mar. 4, 1923, ch. 295 42 Stat. 1560 Dec. 13, 1926, ch. 6,  1 44 Stat. 919 May 17, 1932, ch. 190 47 Stat. 158 Mar. 26, 1938, ch. 51,  2 52 Stat. 118 July 31, 1946, ch. 704 60 Stat. 716 June 25, 1948, ch. 646,  20 62 Stat. 989 act Apr. 12, 1900, ch. 191 31 Stat. 84 June 2, 1970 Statutory Notes and Related Subsidiaries Savings Provision Pub. L. 91272,  13 June 2, 1970 84 Stat. 298 Pub. L. 91450 Oct. 14, 1970 84 Stat. 922 Mar. 2, 1917 June 2, 1970  864. Appeals, certiorari, removal of causes, etc.; use of English language  The laws of the United States relating to appeals, certiorari, removal of causes, and other matters or proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the United States District Court for the District of Puerto Rico and the courts of Puerto Rico. All pleadings and proceedings in the United States District Court for the District of Puerto Rico shall be conducted in the English language. ( Apr. 12, 1900, ch. 191,  35 31 Stat. 85 Mar. 2, 1917, ch. 145,  42 39 Stat. 966 Feb. 13, 1925, ch. 229,  13 43 Stat. 942 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 May 17, 1932, ch. 190 47 Stat. 158 June 25, 1948, ch. 646,  21 62 Stat. 990  Editorial Notes  References in Text The laws of the United States relating to appeals, certiorari, removal of causes, and other matters or proceedings, referred to in text, are classified to Title 28, Judiciary and Judicial Procedure. Codification United States District Court for the District of Puerto Rico substituted in text for District Court of the United States for Puerto Rico in view of section 132(a) of Title 28 section 119 of Title 28 Prior Provisions Act Mar. 3, 1911, ch. 231,  244 36 Stat. 1157 act Jan. 28, 1915, ch. 22,  3 38 Stat. 804 Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191,  34 31 Stat. 84 Amendments 1948Act June 25, 1948 1928Act Jan. 31, 1928 1925 Act Feb. 13, 1925, ch. 229,  13 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title Effective Date of 1948 Amendment Amendment by act June 25, 1948 Sept. 1, 1948 section 1 of Title 28 Repeals Section 39 of act June 25, 1948 act Feb. 13, 1925, ch. 229 43 Stat. 936  865. Repealed. June 25, 1948, ch. 646,  39 62 Stat. 992   Section, acts Mar. 2, 1917, ch. 145,  43 39 Stat. 966 Feb. 13, 1925, ch. 229,  13 43 Stat. 942 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 section 1294 of Title 28 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1948 June 25, 1948 section 1 of Title 28  866. Omitted  Editorial Notes Codification Section, act Apr. 12, 1900, ch. 191,  35 31 Stat. 85  867. Repealed. Pub. L. 90274,  103(g) Mar. 27, 1968 82 Stat. 63   Section, acts Mar. 2, 1917, ch. 145,  44 39 Stat. 966 May 17, 1932, ch. 190 47 Stat. 158 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective 270 days after Mar. 27, 1968 section 104 of Pub. L. 90274 section 1861 of Title 28  868. Fees part of United States revenues  All fees, fines, costs, and forfeitures as would be deposited to the credit of the United States if collected and paid into a district court of the United States shall become revenues of the United States when collected and paid into the United States District Court for the District of Puerto Rico. The sum of $500 a year from such fees, fines, costs, and forfeitures shall be retained by the clerk and expended for law library purposes under the direction of the judge. ( Mar. 2, 1917, ch. 145,  45 39 Stat. 966 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification United States District Court for the District of Puerto Rico substituted in text for District Court of the United States for Puerto Rico in view of section 132(a) of Title 28 section 119 of Title 28 Prior Provisions Provisions similar to those in this section were contained in act Mar. 2, 1901, ch. 812,  2 31 Stat. 953 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  869. Fees payable by United States out of revenue of Puerto Rico  Such fees and expenses as are payable by the United States if earned or incurred in connection with a district court of the United States shall be paid from the revenue of Puerto Rico if earned or incurred in connection with the United States District Court for the District of Puerto Rico. ( Mar. 2, 1901, ch. 812,  2 31 Stat. 953 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification United States District Court for the District of Puerto Rico substituted in text for District Court of the United States for Puerto Rico in view of section 132(a) of Title 28 section 119 of Title 28 Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. As originally enacted, so much of section 2 of act Mar. 2, 1901 Such fees and expenses as are payable by the United States, if earned or incurred in connection with a circuit or district court of the United States, shall be paid from the revenues of Porto Rico, if earned or incurred in connection with the district court of the United States for Porto Rico. Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  870. Repealed. June 25, 1948, ch. 646,  39 62 Stat. 992   Section, acts Mar. 2, 1917, ch. 145,  46 39 Stat. 966 Feb. 26, 1919, ch. 49 40 Stat. 1182 Aug. 7, 1939, ch. 501,  6 53 Stat. 1226 section 604 of Title 28 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1948 June 25, 1948 section 1 of Title 28  871. Omitted  Editorial Notes Codification Section, acts Mar. 2, 1917, ch. 145,  47 39 Stat. 967 May 17, 1932, ch. 190 47 Stat. 158  872. Habeas corpus; mandamus; suit to restrain assessment or collection of taxes  The supreme and district courts of Puerto Rico and the respective judges thereof may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the district courts of the United States, and the district courts may grant writs of mandamus in all proper cases. No suit for the purpose of restraining the assessment or collection of any tax imposed by the laws of Puerto Rico shall be maintained in the United States District Court for the District of Puerto Rico. ( Mar. 2, 1917, ch. 145,  48 39 Stat. 967 Mar. 4, 1927, ch. 503,  7 44 Stat. 1421 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Codification United States District Court for the District of Puerto Rico substituted in text for District Court of the United States for Puerto Rico in view of section 132(a) of Title 28 section 119 of Title 28 Amendments 1927Act Mar. 4, 1927 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  873. Repealed. July 3, 1950, ch. 446,  5(2) 64 Stat. 320   Section, acts Mar. 2, 1917, ch. 145,  49 39 Stat. 967 May 17, 1932, ch. 190 47 Stat. 158 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective July 25, 1952 section 732 of this title  873a. Repealed. June 25, 1948, ch. 646,  39 62 Stat. 992   Section, act Feb. 12, 1940, ch. 25,  1 54 Stat. 22 section 2072 of Title 28 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1948 June 25, 1948 section 1 of Title 28  874. Judicial process; officials to be citizens of United States; oath  All judicial process shall run in the name of United States of America, ss, the President of the United States, and all penal or criminal prosecutions in the local courts shall be conducted in the name and by the authority of The People of Puerto Rico. All officials shall be citizens of the United States, and, before entering upon the duties of their respective offices, shall take an oath to support the Constitution of the United States and the laws of Puerto Rico. ( Mar. 2, 1917, ch. 145,  10 39 Stat. 954 May 17, 1932, ch. 190 47 Stat. 158  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191,  16 31 Stat. 81 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  875, 876. Repealed. June 25, 1948, ch. 646,  39 62 Stat. 992   Section 875, act Mar. 2, 1917, ch. 145,  55 39 Stat. 968  Section 876, act Jan. 7, 1913, ch. 6 37 Stat. 648 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1948 June 25, 1948 section 1 of Title 28 SUBCHAPTER V RESIDENT COMMISSIONER  891. Resident Commissioner; election  The qualified electors of Puerto Rico shall choose a Resident Commissioner to the United States at each general election, whose term of office shall be four years from the 3d of January following such general election, and who shall be entitled to receive official recognition as such commissioner by all of the departments of the Government of the United States, upon presentation, through the Department of State, of a certificate of election of the Governor of Puerto Rico. ( Mar. 2, 1917, ch. 145,  36 39 Stat. 963 May 17, 1932, ch. 190 47 Stat. 158 June 5, 1934, ch. 390,  5 48 Stat. 879  Editorial Notes Codification Section is comprised of second sentence of section 36 of act Mar. 2, 1917 Mar. 4, 1921 section 893 of this title act Feb. 26, 1907, ch. 1635,  4 34 Stat. 993 act Mar. 4, 1925, ch. 549,  4 43 Stat. 1301 section 31 of Title 2 section 46 of Title 2 section 43b1 of Title 2 section 892 of this title Prior Provisions Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191,  39 31 Stat. 86 The salary allowed by section 39 of act Apr. 12, 1900 act Feb. 26, 1907, ch. 1635,  4 34 Stat. 993 The resident commissioner was allowed traveling expenses in addition to his salary, and the commencement of his term was fixed by act July 1, 1902, ch. 1383,  3 32 Stat. 732 The manner of paying the salary and traveling expenses of the resident commissioner was fixed by a provision of act June 22, 1906, ch. 3514,  1 34 Stat. 417 Amendments 1934Act June 5, 1934 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title  892. Qualifications of Commissioner; appointment to fill vacancy  No person shall be eligible to election as Resident Commissioner who is not a bona fide citizen of the United States and who is not more than twenty-five years of age, and who does not read and write the English language. In case of a vacancy in the office of Resident Commissioner by death, resignation, or otherwise, the governor, by and with the advice and consent of the senate, shall appoint a Resident Commissioner to fill the vacancy, who shall serve until the next general election and until his successor is elected and qualified. ( Mar. 2, 1917, ch. 145,  36 39 Stat. 963  Editorial Notes Codification Section is comprised of fifth and sixth sentences of section 36 of act Mar. 2, 1917 section 891 of this title Prior Provisions Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191,  39 31 Stat. 86  893. Salary of Commissioner; allowances; franking privilege  The Resident Commissioner shall receive a salary payable monthly by the United States. He shall be allowed the same sum for stationery and for the pay of necessary clerk hire as is allowed Members of the House of Representatives of the United States. He shall be allowed the franking privilege granted Members of Congress. ( Mar. 2, 1917, ch. 145,  36 39 Stat. 963 Mar. 4, 1925, ch. 549,  4 43 Stat. 1301  Editorial Notes Codification Section is comprised of parts of third and fourth sentences of section 36 of act Mar. 2, 1917 section 891 of this title  894. Salary and traveling expenses; payment  The salary and traveling expenses of the Resident Commissioner from Puerto Rico to the United States shall be paid by the Chief Administrative Officer of the House of Representatives in the same manner as the salaries of the members of the House of Representatives are paid. ( June 22, 1906, ch. 3514,  1 34 Stat. 417 May 17, 1932, ch. 190 47 Stat. 158 Pub. L. 104186, title II,  224(1) Aug. 20, 1996 110 Stat. 1752  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Amendments 1996 Pub. L. 104186 Statutory Notes and Related Subsidiaries  Change of Name Puerto Rico substituted in text for Porto Rico pursuant to act May 17, 1932 section 731a of this title SUBCHAPTER VI SLUM CLEARANCE AND URBAN REDEVELOPMENT PROJECTS  910. Slum clearance and urban redevelopment and renewal projects; powers of government  The government of Puerto Rico acting through its legislature, may create a public corporate authority or authorities and may authorize such authority or authorities or any other public corporate authority or any municipal corporation or political subdivision, acting directly or through any officer or agency thereof or through a public corporate authority, to undertake slum clearance and urban redevelopment projects and urban renewal projects and to do all things, exercise any and all powers, and to assume and fulfill any and all obligations, duties, responsibilities, and requirements, including but not limited to those relating to planning and zoning, necessary or desirable for receiving Federal assistance under title I of the Housing Act of 1949 (Public Law 171, Eighty-first Congress), as amended [ 42 U.S.C. 1450 ( July 18, 1950, ch. 466 64 Stat. 344 Aug. 11, 1955, ch. 783 69 Stat. 637  Editorial Notes  References in Text The Housing Act of 1949 (Public Law 171, Eighty-first Congress), as amended, referred to in text, is act July 15, 1949, ch. 338 63 Stat. 413 section 5316 of Title 42 Jan. 1, 1975 section 1441 of Title 42 This Act, referred to in text, means act July 18, 1950, ch. 466 64 Stat. 344 Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Section 101 of act July 18, 1950 Amendments 1955Act Aug. 11, 1955 Statutory Notes and Related Subsidiaries Urban Renewal Activities Financial assistance available for urban renewal projects, see section 107(1), (2) of act Aug. 11, 1955  910a. Authorization of loans, conveyances, etc., by government and municipalities  The government of Puerto Rico may assist slum clearance and urban redevelopment projects and urban renewal projects through cash donations, loans, conveyances of real and personal property, facilities, and services, and otherwise, and may authorize municipalities or other political subdivisions to make cash donations, loans, conveyances of real and personal property to public corporate authorities and to take other action, including but not limited to the making available or the furnishing of facilities and services, in aid of slum clearance and urban redevelopment projects and urban renewal projects. ( July 18, 1950, ch. 466 64 Stat. 344 Aug. 11, 1955, ch. 783 69 Stat. 637  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Section 102 of act July 18, 1950 Amendments 1955Act Aug. 11, 1955  910b. Ratification of prior acts  All legislation heretofore enacted by the Legislature of the Territory of Puerto Rico dealing with the subject matter of this Act and not inconsistent herewith is ratified and confirmed. ( July 18, 1950, ch. 466 64 Stat. 345  Editorial Notes  References in Text This Act, referred to in text, means act July 18, 1950, ch. 466 64 Stat. 344 Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Section 103 of act July 18, 1950 SUBCHAPTER VII LOW RENT HOUSING PROJECTS AND ELIMINATION OF SUB-STANDARD HOUSING  911. Legislative authorization to create authorities  The Legislature of Puerto Rico may create public corporate authorities to undertake slum clearance and projects to provide dwelling accommodations for families of low income. ( June 25, 1938, ch. 703,  1 52 Stat. 1203  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.  912. Authority to appoint commissioners; powers of authorities  The Legislature of Puerto Rico may provide for the appointment and terms of the commissioners of such authorities, and for the powers of such authorities, except that such authorities shall be given no power of taxation, and may authorize the commissioners of such authorities to fix the salaries of employees. ( June 25, 1938, ch. 703,  2 52 Stat. 1203  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.  913. Authorization of loans, conveyances, etc., by municipalities  The legislature may appropriate funds for and may make and authorize any municipality of Puerto Rico to make loans, donations, and conveyances of money or property to such authorities; may make and authorize any municipality of Puerto Rico to make available its facilities and services to such authorities and take other action in aid of slum clearance or low-rent housing; and may, without regard to any Federal Acts restricting the disposition of public property or lands in Puerto Rico, provide for the use by or disposal to such authorities of any public lands or other property held or controlled by the people of Puerto Rico, its municipalities, or other subdivisions. ( June 25, 1938, ch. 703,  3 52 Stat. 1203  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.  914. Issuance of bonds and obligations  The legislature may authorize such authorities to issue bonds or other obligations with such security as the legislature may provide and may provide for the disposition of the proceeds of such bonds and all receipts and revenues of such authorities. ( June 25, 1938, ch. 703,  4 52 Stat. 1203  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.  915. Bonds as public debt  Such bonds shall not be a debt of Puerto Rico or any municipality, and shall not constitute a public indebtedness within the meaning of section 3 of the Act of Congress approved March 2, 1917 ( June 25, 1938, ch. 703,  5 52 Stat. 1203  Editorial Notes  References in Text Section 3 of the Act of Congress approved March 2, 1917 act Mar. 2, 1917, ch. 145 39 Stat. 953 section 745 of this title Pub. L. 87121,  1 Aug. 3, 1961 75 Stat. 245 section 745 of this title Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.  916. Ratification of previous legislation  All legislation heretofore enacted by the Legislature of Puerto Rico dealing with the subject matter of sections 911 to 916 of this title and not inconsistent herewith is ratified and confirmed. ( June 25, 1938, ch. 703,  6 52 Stat. 1203  Editorial Notes Codification Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. CHAPTER 5 PHILIPPINE ISLANDS  Executive Documents Philippine Independence Independence of Philippine Islands recognized and American sovereignty withdrawn by Proc. No. 2695, eff. July 4, 1946 60 Stat. 1352 section 1394 of Title 22  1001 to 1008. Omitted  Editorial Notes Codification Sections 1001 to 1008 were omitted in view of recognition of Philippine independence. Section 1001, act Aug. 29, 1916, ch. 416,  1 39 Stat. 545 Section 1002, act Aug. 29, 1916, ch. 416,  2 39 Stat. 546 Section 1003, act Aug. 29, 1916, ch. 416,  5 39 Stat. 547 Section 1004, act Aug. 29, 1916, ch. 416,  6 39 Stat. 547 Section 1005, act Aug. 29, 1916, ch. 416,  7 39 Stat. 547 Section 1006, act Aug. 29, 1916, ch. 416,  31 39 Stat. 556 Section 1007, act Aug. 29, 1916, ch. 416,  4 39 Stat. 547 Section 1007a, acts Sept. 1, 1937, ch. 898 50 Stat. 915 Oct. 15, 1940, ch. 887 54 Stat. 1178 Section 1008, act Aug. 29, 1916, ch. 416,  3 39 Stat. 546  1009. Repealed. Oct. 31, 1951, ch. 655,  56(d) 65 Stat. 729   Section, act Mar. 8, 1902, ch. 140,  9 32 Stat. 55 Statutory Notes and Related Subsidiaries Savings Provision Act Oct. 31, 1951, ch. 655,  56 l 65 Stat. 730 Oct. 31, 1951  1010 to 1019. Omitted  Editorial Notes Codification Sections 1010 to 1019 were omitted in view of recognition of Philippine independence. Section 1010, acts Aug. 29, 1916, ch. 416,  11 39 Stat. 548 July 21, 1921, ch. 51 42 Stat. 145 May 31, 1922, ch. 203 42 Stat. 599 Section 1011, acts July 1, 1902, ch. 1369,  84 32 Stat. 711 July 1, 1944, ch. 373 58 Stat. 714 Aug. 13, 1946, ch. 958,  5 60 Stat. 1049 Section 1011a, act July 3, 1930, ch. 831 46 Stat. 851 Section 1012, act Feb. 6, 1905, ch. 453,  5 33 Stat. 692 Section 1013, act Feb. 6, 1905, ch. 453,  6 33 Stat. 692 Section 1014, act Apr. 29, 1908, ch. 152,  5 35 Stat. 70 Section 1015, act Apr. 29, 1908, ch. 152,  1 35 Stat. 70 Section 1016, acts Apr. 29, 1908, ch. 152,  4 35 Stat. 70 Aug. 29, 1916, ch. 416,  22 39 Stat. 553 Section 1017, act Apr. 29, 1908, ch. 152,  3 35 Stat. 70 Section 1018, act July 1, 1902, ch. 1369,  11 32 Stat. 695 Section 1019, acts Mar. 22, 1902, ch. 273 32 Stat. 88 Mar. 2, 1917, ch. 145,  54 39 Stat. 968  1041 to 1055. Omitted  Editorial Notes Codification Sections 1041 to 1055 were omitted in view of recognition of Philippine independence. Section 1041, act Aug. 29, 1916, ch. 416,  8 39 Stat. 547 Section 1042, act Aug. 29, 1916, ch. 416,  10 39 Stat. 548 Section 1043, act Aug. 29, 1916, ch. 416,  12 39 Stat. 548 Section 1044, act Aug. 29, 1916, ch. 416,  13 39 Stat. 549 Section 1045, act Aug. 29, 1916, ch. 416 39 Stat. 549 Section 1046, act Aug. 29, 1916, ch. 416,  16 39 Stat. 549 Section 1047, act Aug. 29, 1916, ch. 416,  15 39 Stat. 549 Section 1048, act Aug. 29, 1916, ch. 416,  17 39 Stat. 550 Section 1049, act Aug. 29, 1916, ch. 416,  18 39 Stat. 550 Section 1050, act Aug. 29, 1916, ch. 416,  18 39 Stat. 550 Section 1051, act Aug. 29, 1916, ch. 416,  18 39 Stat. 550 Section 1052, act Aug. 29, 1916, ch. 416,  19 39 Stat. 551 Section 1053, act Aug. 29, 1916, ch. 416,  19 39 Stat. 551 Section 1054, acts Aug. 29, 1916, ch. 416,  19 39 Stat. 551 May 29, 1928, ch. 901,  1 45 Stat. 996 Feb. 28, 1929, ch. 364 45 Stat. 1348 Section 1055, acts June 2, 1924, ch. 234,  261 43 Stat. 294 Feb. 26, 1926, ch. 27 44 Stat. 52  1071 to 1078. Omitted  Editorial Notes Codification Sections 1071 to 1078 were omitted in view of recognition of Philippine independence. Section 1071, acts July 1, 1902, ch. 1369,  9 32 Stat. 695 Aug. 29, 1916, ch. 416,  26 39 Stat. 555 Section 1072, act Aug. 29, 1916, ch. 416,  26 39 Stat. 555 Section 1073, act Aug. 29, 1916, ch. 416,  26 39 Stat. 555 Section 1074, act Aug. 29, 1916, ch. 416,  26 39 Stat. 555 Section 1075, acts Aug. 29, 1916, ch. 416,  29 39 Stat. 556 May 29, 1928, ch. 904 45 Stat. 997 Section 1075a, act May 29, 1928, ch. 904 45 Stat. 997 Section 1076, act Apr. 9, 1910 36 Stat. 877 Section 1077, act Feb. 6, 1905, ch. 453,  7 33 Stat. 692 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 639 Section 1078, act Aug. 29, 1916, ch. 416,  26 39 Stat. 555  1091 to 1094. Omitted  Editorial Notes Codification Sections 1091 to 1094 were omitted in view of recognition of Philippine independence. Section 1091, acts Aug. 29, 1916, ch. 416,  20 39 Stat. 552 June 5, 1934, ch. 390,  4 48 Stat. 879 Section 1092, acts July 1, 1902, ch. 1369,  8 32 Stat. 694 Aug. 29, 1916, ch. 416,  20 39 Stat. 552 Section 1093, acts May 22, 1908, ch. 186,  1 35 Stat. 188 May 17, 1932, ch. 190 47 Stat. 158 Section 1094, act Aug. 29, 1916, ch. 416,  20 39 Stat. 552  1111 to 1125. Omitted  Editorial Notes Codification Sections 1111 to 1125 were omitted in view of recognition of Philippine independence. Section 1111, act Aug. 29, 1916, ch. 416,  21 39 Stat. 552 Section 1112, act Aug. 29, 1916, ch. 416,  23 39 Stat. 553 Section 1113, act Aug. 29, 1916, ch. 416,  23 39 Stat. 553 Section 1114, act Aug. 29, 1916, ch. 416,  22 39 Stat. 553 Section 1115, act Aug. 29, 1916, ch. 416,  22 39 Stat. 553 Section 1116, act Aug. 29, 1916, ch. 416,  24 39 Stat. 553 Section 1117, act Aug. 29, 1916, ch. 416,  24 39 Stat. 553 Section 1118, act Aug. 29, 1916, ch. 416,  24 39 Stat. 553 Section 1119, act Aug. 29, 1916, ch. 416,  24 39 Stat. 553 Section 1120, acts Aug. 29, 1916, ch. 416,  24 39 Stat. 553 June 10, 1921, ch. 18 42 Stat. 23 Section 1121, act Aug. 29, 1916, ch. 416,  24 39 Stat. 553 Section 1122, act Aug. 29, 1916, ch. 416,  24 39 Stat. 553 Section 1123, act Aug. 29, 1916, ch. 416,  25 39 Stat. 554 Section 1124, act Aug. 29, 1916, ch. 416,  29 39 Stat. 556 Section 1125, act Aug. 29, 1916, ch. 416,  30 39 Stat. 556  1141 to 1156. Omitted  Editorial Notes Codification Sections 1141 to 1156 were omitted in view of recognition of Philippine independence. Section 1141, act July 1, 1902, ch. 1369,  76 32 Stat. 710 Section 1142, act Mar. 2, 1903, ch. 980,  1 32 Stat. 952 Section 1143, act Mar. 2, 1903, ch. 980 32 Stat. 953 Section 1144, acts July 1, 1902, ch. 1369,  77 32 Stat. 710 Mar. 2, 1903, ch. 980,  4 32 Stat. 953 Section 1145, act Mar. 2, 1903, ch. 980,  5 32 Stat. 953 Section 1146, act July 1, 1902, ch. 1369,  79 32 Stat. 710 Section 1147, acts July 1, 1902, ch. 1369,  82 32 Stat. 711 Mar. 2, 1903, ch. 980,  11 32 Stat. 954 Section 1148, acts July 1, 1902, ch. 1369,  81 32 Stat. 710 Mar. 2, 1903, ch. 980,  10 32 Stat. 954 Section 1149, act Mar. 2, 1903, ch. 980,  5 32 Stat. 953 Section 1150, acts July 1, 1902, ch. 1369,  80 32 Stat. 710 Mar. 2, 1903, ch. 980,  9 32 Stat. 954 Section 1151, acts Mar. 2, 1903, ch. 980,  6 32 Stat. 953 July 21, 1921, ch. 51 42 Stat. 146 Section 1152, act June 23, 1906, ch. 3521,  1 34 Stat. 453 Section 1153, acts Mar. 2, 1903, ch. 980,  8 32 Stat. 954 Feb. 6, 1905, ch. 453,  10 33 Stat. 697 June 23, 1906, ch. 3521,  2 34 Stat. 453 Section 1154, act Mar. 2, 1903, ch. 980,  12 32 Stat. 954 Section 1155, act Mar. 2, 1903, ch. 980,  7 32 Stat. 954 Section 1156, act July 1, 1902, ch. 1369,  83 32 Stat. 711  1157. Transferred  Editorial Notes Codification Section, acts June 11, 1934, ch. 445 48 Stat. 929 Aug. 7, 1946, ch. 809,  1 60 Stat. 901 section 1333 of Title 22 July 1, 1951 Aug. 7, 1946  1171 to 1173. Omitted  Editorial Notes Codification Sections 1171 to 1173 were omitted in view of recognition of Philippine independence. Section 1171, act Aug. 29, 1916, ch. 416,  28 39 Stat. 555 Section 1172, act Aug. 29, 1916, ch. 416,  28 39 Stat. 555 Section 1173, act July 1, 1902, ch. 1369,  75 32 Stat. 709  1191 to 1202. Omitted  Editorial Notes Codification Sections 1191 to 1202 were omitted in view of recognition of Philippine independence. Section 1191, acts Aug. 29, 1916, ch. 416,  11 39 Stat. 548 July 21, 1921, ch. 51 42 Stat. 145 May 31, 1922, ch. 203 42 Stat. 599 Section 1192, act Feb. 6, 1905, ch. 453,  2 33 Stat. 689 Section 1193, act Feb. 6, 1905, ch. 453,  1 33 Stat. 689 Section 1194, acts July 1, 1902, ch. 1369,  66 32 Stat. 707 Feb. 6, 1905, ch. 453,  3 33 Stat. 690 Section 1195, act July 1, 1902, ch. 1369,  67 32 Stat. 707 Section 1196, act July 1, 1902, ch. 1369,  68 32 Stat. 708 Section 1197, act July 1, 1902, ch. 1369,  69 32 Stat. 708 Section 1198, act July 1, 1902, ch. 1369 32 Stat. 708 Section 1199, act July 1, 1902, ch. 1369,  72 32 Stat. 708 Section 1200, act July 1, 1902, ch. 1369,  73 32 Stat. 708 Section 1201, act Feb. 6, 1905, ch. 453,  4 33 Stat. 690 Section 1202, act Feb. 6, 1905, ch. 453,  4 33 Stat. 690 section 1201 of this title  1221 to 1226. Omitted  Editorial Notes Codification Sections 1221 to 1226 were omitted in view of recognition of Philippine independence. Section 1221, act Aug. 29, 1916, ch. 416,  9 39 Stat. 547 Section 1222, act Aug. 29, 1916, ch. 416,  9 39 Stat. 547 Section 1223, acts July 1, 1902, ch. 1369,  14 32 Stat. 696 Aug. 29, 1916, ch. 416,  12 39 Stat. 548 Section 1224, act July 1, 1902, ch. 1369,  63 32 Stat. 706 Section 1225, acts July 1, 1902, ch. 1369,  64 32 Stat. 706 Aug. 29, 1916, ch. 416 39 Stat. 548 Section 1226, act July 1, 1902, ch. 1369,  65 32 Stat. 707  1231 to 1234. Omitted  Editorial Notes Codification Sections 1231 to 1234 were omitted in view of recognition of Philippine independence. Section 1231, acts Jan. 17, 1933, ch. 11,  1 47 Stat. 761 Mar. 24, 1934, ch. 84,  1 48 Stat. 456 Jan. 17, 1933 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 648 Section 1232, acts Jan. 17, 1933, ch. 11,  10 47 Stat. 768 Mar. 24, 1934, ch. 84,  2 48 Stat. 457 July 4, 1946 60 Stat. 1352 Section 1233, acts Jan. 17, 1933, ch. 11,  3 47 Stat. 763 Mar. 24, 1934, ch. 84,  3 48 Stat. 458 Section 1234, acts Jan. 17, 1933, ch. 11,  4 47 Stat. 763 Mar. 24, 1934, ch. 84,  4 48 Stat. 458  1235 to 1236. Transferred  Editorial Notes Codification Section 1235, act Mar. 24, 1934, ch. 84,  5 48 Stat. 459 section 1391 of Title 22 Section 1235a, act June 29, 1944, ch. 322,  2 58 Stat. 626 section 1392 of Title 22 Section 1236, acts Mar. 24, 1934, ch. 84,  6 48 Stat. 459 Aug. 7, 1939, ch. 502,  1 53 Stat. 1226 Apr. 30, 1946, ch. 244 60 Stat. 158 Sept. 22, 1959 Pub. L. 86346, title I,  104(1) 73 Stat. 622 section 1393 of Title 22  1236a. Omitted  Editorial Notes Codification Section, act June 14, 1935, ch. 240 49 Stat. 340 May 1, 1935 Jan. 26, 1938 52 Stat. 1534 May 1, 1938  1236b to 1237c. Omitted  Editorial Notes Codification Sections 1236b to 1237c were omitted in view of recognition of Philippine independence. Section 1236b, act Dec. 22, 1941, ch. 617,  1 55 Stat. 852 Section 1236c, act Dec. 22, 1941, ch. 617,  2 55 Stat. 852 Section 1237, acts Jan. 17, 1933, ch. 11,  7 47 Stat. 765 Mar. 24, 1934, ch. 84,  7 48 Stat. 460 Section 1237a, acts Mar. 21, 1935, ch. 36 49 Stat. 59 May 15, 1936, ch. 404,  1 49 Stat. 1306 July 19, 1937, ch. 511,  1 50 Stat. 516 June 11, 1938, ch. 348,  1 52 Stat. 669 June 28, 1939, ch. 246,  1 53 Stat. 858 June 18, 1940, ch. 395,  1 54 Stat. 410 June 28, 1941, ch. 259,  1 55 Stat. 309 July 2, 1942, ch. 473,  1 56 Stat. 510 July 12, 1943, ch. 219,  1 57 Stat. 454 Section 1237b, act June 5, 1936, ch. 519 49 Stat. 1478 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 649 Section 1237c, act Aug. 11, 1937, ch. 581 50 Stat. 621  1238. Repealed. June 27, 1952, ch. 477 66 Stat. 279   Section, acts Jan. 17, 1933, ch. 11,  8 47 Stat. 767 Mar. 24, 1934, ch. 84,  8 48 Stat. 462 Aug. 7, 1939, ch. 502,  2 53 Stat. 1230  1238a, 1239. Omitted  Editorial Notes Codification Sections 1238a and 1239 were omitted in view of recognition of Philippine independence. Section 1238a, act Aug. 7, 1939, ch. 502,  8 53 Stat. 1234 Section 1239, acts Jan. 17, 1933, ch. 11,  9 47 Stat. 768 Mar. 24, 1934, ch. 84,  9 48 Stat. 463  1240. Transferred  Editorial Notes Codification Section, acts Mar. 24, 1934, ch. 84,  10 48 Stat. 463 Aug. 7, 1939, ch. 502,  3 53 Stat. 1230 section 1394 of Title 22  1241 to 1243. Omitted  Editorial Notes Codification Sections 1241 to 1243 were omitted in view of recognition of Philippine independence. Section 1241, acts Jan. 17, 1933, ch. 11,  11 47 Stat. 769 Mar. 24, 1934, ch. 84,  11 48 Stat. 463 Section 1242, acts Jan. 17, 1933, ch. 11,  12 47 Stat. 769 Mar. 24, 1934, ch. 84,  12 48 Stat. 463 Section 1243, acts Jan. 17, 1933, ch. 11,  13 47 Stat. 769 Mar. 24, 1934, ch. 84,  13 48 Stat. 464 Aug. 7, 1939, ch. 502,  4 53 Stat. 1231 June 29, 1944, ch. 323,  1 58 Stat. 626 Apr. 30, 1946, ch. 244 60 Stat. 158  1244. Repealed. June 27, 1952, ch. 477 66 Stat. 279   Section, acts Jan. 17, 1933, ch. 11,  14 47 Stat. 769 Mar. 24, 1934, ch. 84,  14 48 Stat. 464  1245. Omitted  Editorial Notes Codification Section, acts Jan. 17, 1933, ch. 11,  15 47 Stat. 769 Mar. 24, 1934, ch. 84,  15 48 Stat. 464  1246. Transferred  Editorial Notes Codification Section, act Mar. 24, 1934, ch. 84,  16 48 Stat. 464 section 1391 of Title 22  1247. Omitted  Editorial Notes Codification Section, acts Jan. 17, 1933, ch. 11,  17 47 Stat. 770 Mar. 24, 1934, ch. 84,  17 48 Stat. 465  1247a. Transferred  Editorial Notes Codification Section, act Mar. 24, 1934, ch. 84,  18 Aug. 7, 1939, ch. 502,  5 53 Stat. 1231 section 1395 of Title 22  1248, 1249. Omitted  Editorial Notes Codification Sections 1248 and 1249 were omitted in view of recognition of Philippine independence. Section 1248, act Mar. 24, 1934, ch. 84,  19 Aug. 7, 1939, ch. 502,  6 53 Stat. 1232 Section 1249, act Nov. 8, 1945, ch. 454 59 Stat. 577  1251 to 1257. Repealed. June 27, 1952, ch. 477 66 Stat. 280   Section 1251, acts July 10, 1935, ch. 376,  1 49 Stat. 478 July 27, 1939, ch. 390,  1 53 Stat. 1133 June 14, 1940 54 Stat. 1238  Section 1252, acts July 10, 1935, ch. 376,  2 49 Stat. 478 July 27, 1939, ch. 390,  2 53 Stat. 1133 June 14, 1940 54 Stat. 1238  Section 1253, acts July 10, 1935, ch. 376,  3 49 Stat. 478 July 27, 1939, ch. 390,  3 53 Stat. 1133 June 14, 1940 54 Stat. 1238  Section 1254, acts July 10, 1935, ch. 376,  4 49 Stat. 479 July 27, 1939, ch. 330,  4 53 Stat. 1134  Section 1255, acts July 10, 1935, ch. 376,  5 49 Stat. 479 July 27, 1939, ch. 390,  5 53 Stat. 1134 June 14, 1940 54 Stat. 1238  Section 1256, acts July 10, 1935, ch. 376,  6 49 Stat. 479 June 4, 1936, ch. 497 49 Stat. 1462 May 14, 1937, ch. 184 50 Stat. 165 July 27, 1939, ch. 390,  6 53 Stat. 1134 June 14, 1940 54 Stat. 1238  Section 1257, acts July 10, 1935, ch. 376,  7 49 Stat. 479 July 27, 1939, ch. 390,  7 53 Stat. 1134  1261 to 1264. Transferred  Editorial Notes Codification Sections 1261 to 1264 of this title were transferred to section 1251 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the Code. Section 1261, act Apr. 30, 1946, ch. 244, title II,  201 60 Stat. 143 section 1251 of Title 22 Section 1261a, act Apr. 30, 1946, ch. 244, title II,  202 60 Stat. 143 section 1252 of Title 22 Section 1261b, act Apr. 30, 1946, ch. 244, title II,  203 60 Stat. 144 section 1253 of Title 22 Section 1261c, act Apr. 30, 1946, ch. 244, title II,  204 60 Stat. 144 section 1254 of Title 22 Section 1261d, act Apr. 30, 1946, ch. 244, title II,  205 60 Stat. 144 section 1255 of Title 22 Section 1262, act Apr. 30, 1946, ch. 244, title II,  211 60 Stat. 144 section 1261 of Title 22 Section 1262a, act Apr. 30, 1946, ch. 244, title II,  212 60 Stat. 145 section 1262 of Title 22 Section 1262b, act Apr. 30, 1946, ch. 244, title II,  213 60 Stat. 145 section 1263 of Title 22 Section 1262c, act Apr. 30, 1946, ch. 244, title II,  214 60 Stat. 146 section 1264 of Title 22 Section 1262d, act Apr. 30, 1946, ch. 244, title II,  215 60 Stat. 147 section 1265 of Title 22 Section 1262e, act Apr. 30, 1946, ch. 244, title II,  216 60 Stat. 147 section 1266 of Title 22 Section 1263, act Apr. 30, 1946, ch. 244, title II,  221 60 Stat. 147 section 1271 of Title 22 Section 1263a, act Apr. 30, 1946, ch. 244, title II,  222 60 Stat. 148 section 1272 of Title 22 Section 1263b, act Apr. 30, 1946, ch. 244, title II,  223 60 Stat. 148 section 1273 of Title 22 Section 1263c, act Apr. 30, 1946, ch. 244, title II,  224 60 Stat. 148 section 1274 of Title 22 Section 1264, act Apr. 30, 1946, ch. 244, title II,  231 60 Stat. 148 section 1281 of Title 22  1266 to 1270b. Transferred  Editorial Notes Codification Sections 1266 to 1270b of this title were transferred to section 1291 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the Code. Section 1266, act Apr. 30, 1946, ch. 244, title III,  301 60 Stat. 148 Apr. 30, 1946 section 1291 of Title 22 Section 1267, act Apr. 30, 1946, ch. 244, title III,  311 60 Stat. 149 section 1301 of Title 22 Section 1267a, act Apr. 30, 1946, ch. 244, title III,  312 60 Stat. 149 section 1302 of Title 22 Section 1267b, act Apr. 30, 1946, ch. 244, title III,  313 60 Stat. 149 section 1303 of Title 22 Section 1267c, act Apr. 30, 1946, ch. 244, title III,  314 60 Stat. 150 section 1304 of Title 22 Section 1267d, act Apr. 30, 1946, ch. 244, title III,  315 60 Stat. 150 section 1305 of Title 22 Section 1268, act Apr. 30, 1946, ch. 244, title III,  321 60 Stat. 150 section 1311 of Title 22 Section 1268a, act Apr. 30, 1946, ch. 244, title III,  322 60 Stat. 150 section 1312 of Title 22 Section 1268b, act Apr. 30, 1946, ch. 244, title III,  323 60 Stat. 150 section 1313 of Title 22 Section 1269, act Apr. 30, 1946, ch. 244, title III,  331 60 Stat. 151 section 1321 of Title 22 Section 1269a, act Apr. 30, 1946, ch. 244, title III,  332 60 Stat. 151 section 1322 of Title 22 Section 1270, act Apr. 30, 1946, ch. 244, title III,  341 60 Stat. 151 section 1331 of Title 22 Section 1270a, act Apr. 30, 1946, ch. 244, title III,  342 60 Stat. 151 section 1332 of Title 22 Section 1270b, act Apr. 30. 1946, ch. 244, title III,  343, 60 Stat. 151 section 1334 of Title 22  1272 to 1272g. Transferred  Editorial Notes Codification Sections 1272 to 1272g of this title were transferred to section 1341 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the Code. Section 1272, act Apr. 30, 1946, ch. 244, title IV,  401 60 Stat. 151 section 1341 of Title 22 Section 1272a, act Apr. 30, 1946, ch. 244, title IV,  402 60 Stat. 152 section 1342 of Title 22 Section 1272b, act Apr. 30, 1946, ch. 244, title IV,  403 60 Stat. 153 section 1343 of Title 22 Section 1272c, act Apr. 30, 1946, ch. 244, title IV,  404 60 Stat. 153 section 1344 of Title 22 Section 1272d, act Apr. 30, 1946, ch. 244, title IV,  405 60 Stat. 154 section 1345 of Title 22 Section 1272e, act Apr. 30, 1946, ch. 244, title IV,  406 60 Stat. 154 section 1346 of Title 22 Section 1272f, act Apr. 30, 1946, ch. 244, title IV,  407 60 Stat. 154 section 1347 of Title 22 Section 1272g, act Apr. 30, 1946, ch. 244, title IV,  408 60 Stat. 154 section 1348 of Title 22  1274 to 1274i. Transferred  Editorial Notes Codification Sections 1274 to 1274i of this title were transferred to section 1351 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the Code. Section 1274, act Apr. 30, 1946, ch. 244, title V,  501 60 Stat. 155 section 1351 of Title 22 Section 1274a, act Apr. 30, 1946, ch. 244, title V,  502 60 Stat. 155 Apr. 30, 1946 section 1352 of Title 22 Section 1274b, act Apr. 30, 1946, ch. 244, title V,  503 60 Stat. 156 section 1353 of Title 22 Section 1274c, act Apr. 30, 1946, ch. 244, title V,  504 60 Stat. 156 section 1354 of Title 22 Section 1274d, act Apr. 30, 1946, ch. 244, title V,  505(b) 60 Stat. 157 section 1355 of Title 22 Section 1274e, act Apr. 30, 1946, ch. 244, title V,  506(a) 60 Stat. 157 section 1356 of Title 22 Section 1274f, act Apr. 30, 1946, ch. 244, title V,  508 60 Stat. 158 section 1357 of Title 22 Section 1274g, act Apr. 30, 1946, ch. 244, title V,  509 60 Stat. 158 section 1358 of Title 22 Section 1274h, act Apr. 30, 1946, ch. 244, title V,  510 60 Stat. 158 Apr. 30, 1946 section 1359 of Title 22 Section 1274i, act Apr. 30, 1946, ch. 244, title I,  2 60 Stat. 141 Apr. 30, 1946 section 1360 of Title 22  1276 to 1276e. Transferred  Editorial Notes Codification Section 1276, act July 3, 1946, ch. 536,  2 60 Stat. 418 section 1381 of Title 22 Section 1276a, acts July 3, 1946, ch. 536,  3 60 Stat. 418 Dec. 21, 1950, ch. 1144 64 Stat. 1116 section 1382 of Title 22 Section 1276b, act July 3, 1946, ch. 536,  4 60 Stat. 419 section 1383 of Title 22 Section 1276c, act July 3, 1946, ch. 536,  5 60 Stat. 419 section 1384 of Title 22 Section 1276d, act July 3, 1946, ch. 536,  6 60 Stat. 419 section 1385 of Title 22 Section 1276e, act July 3, 1946, ch. 536,  7 60 Stat. 420 July 3, 1946 section 1386 of Title 22 CHAPTER 6 CANAL ZONE  Statutory Notes and Related Subsidiaries Canal Zone Code Pub. L. 104201, div. C, title XXXV,  3549 Sept. 23, 1996 110 Stat. 2870 Pub. L. 9670, title III,  3303(b) Sept. 27, 1979 93 Stat. 499 section 3602 of Title 22 Pub. L. 87845 Oct. 18, 1962 76A Stat. 1 Oct. 18, 1962 Act June 19, 1934, ch. 667 48 Stat. 1122  1301 to 1304. Omitted  Editorial Notes Codification Sections 1301 to 1304 were omitted as not of general application and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1301, acts Aug. 24, 1912, ch. 390,  14 37 Stat. 569 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1302, acts Aug. 24, 1912, ch. 390,  1 37 Stat. 560 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1303, acts Feb. 27, 1909, ch. 224,  4 35 Stat. 658 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1304, acts Aug. 24, 1912, ch. 390,  3 37 Stat. 561 June 19, 1934, ch. 667,  1 48 Stat. 1122  1304a to 1304c. Repealed. Aug. 10, 1949, ch. 415,  9(c) 63 Stat. 597   Section 1304a, act May 3, 1932, ch. 162,  1 47 Stat. 145  Section 1304b, act May 3, 1932, ch. 162,  2 47 Stat. 146  Section 1304c, act May 3, 1932, ch. 162,  3 47 Stat. 146  1305 to 1314. Omitted  Editorial Notes Codification Sections 1305 to 1314a were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1305, acts Aug. 24, 1912, ch. 390,  4 37 Stat. 561 June 19, 1934, ch. 667,  1 48 Stat. 1122 July 9, 1937, ch. 470,  3 50 Stat. 487 Oct. 15, 1949, ch. 695,  5(a) 63 Stat. 880 Sept. 26, 1950, ch. 1049 64 Stat. 1038 Section 13051, act Sept. 26, 1950, ch. 1049,  2(a) 64 Stat. 1038 Section 1305a, acts Aug. 24, 1912, ch. 390,  4 37 Stat. 561 Mar. 12, 1928, ch. 213 45 Stat. 310 June 19, 1934, ch. 667,  1 48 Stat. 1122 Sept. 26, 1950, ch. 1049,  4 64 Stat. 1040 Section 1305b, acts June 19, 1934, ch. 667,  1 48 Stat. 1122 Aug. 12, 1949, ch. 422,  3 63 Stat. 602 Sept. 26, 1950, ch. 1049,  2(a)(1) 64 Stat. 1038 Section 1305c, acts June 19, 1934, ch. 667,  1 48 Stat. 1122 Aug. 12, 1949, ch. 422,  4 63 Stat. 601 Sept. 26, 1950, ch. 1049,  2(a)(1) 64 Stat. 1038 Sept. 7, 1916 Section 1306, acts Aug. 24, 1912, ch. 390,  13 37 Stat. 569 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1307, acts Aug. 24, 1912, ch. 390,  7 37 Stat. 564 Sept. 21, 1922, ch. 370,  1 42 Stat. 1004 Feb. 16, 1933, ch. 91,  1 47 Stat. 814 June 19, 1934, ch. 667,  1 48 Stat. 1122 Sept. 26, 1950, ch. 1049,  2(e) 64 Stat. 1038 Section 1308, acts Feb. 27, 1909, ch. 224 35 Stat. 658 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1309, act Aug. 24, 1912, ch. 390,  2 37 Stat. 561 Section 1310, acts Aug. 21, 1916, ch. 371,  1 39 Stat. 527 Feb. 16, 1933, ch. 92 47 Stat. 818 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1311, acts Aug. 21, 1916, ch. 371,  2 39 Stat. 528 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1311a, acts Aug. 21, 1916, ch. 371,  5 39 Stat. 528 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1312, acts Aug. 21, 1916, ch. 371,  3 39 Stat. 528 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1312a, acts Aug. 21, 1916, ch. 371,  5 39 Stat. 528 June 19, 1934, ch. 667,  1 48 Stat. 1122 July 10, 1937, ch. 487,  2 50 Stat. 510 Section 1313, acts Aug. 21, 1916, ch. 371,  4 39 Stat. 528 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1314, acts Aug. 21, 1916, ch. 371,  5 39 Stat. 528 June 19, 1934, ch. 667,  1 48 Stat. 1122  1314a. Repealed. Pub. L. 87845,  26(b) Oct. 18, 1962 76A Stat. 701   Section, act July 9, 1937, ch. 470,  1 50 Stat. 486  1314b to 1314e. Repealed. Aug. 10, 1949, ch. 415,  9(d) 63 Stat. 597   Section 1314b, act June 19, 1934, ch. 657,  1 48 Stat. 1116  Section 1314c, act June 19, 1934, ch. 657,  2 48 Stat. 1116  Section 1314d, act June 19, 1934, ch. 657,  3 48 Stat. 1116  Section 1314e, act June 19, 1934, ch. 657,  4 48 Stat. 1116  1314f to 1315a. Omitted  Editorial Notes Codification Sections 1314f to 1315a were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1314f, act Oct. 1, 1942, ch. 574 56 Stat. 763 Section 1314g, act Oct. 1, 1942, ch. 574 56 Stat. 763 Oct. 1, 1942 Section 1314h, acts Oct. 1, 1942, ch. 574 56 Stat. 763 Sept. 26, 1950, ch. 1049,  2(b) 64 Stat. 1038 Section 1314i, act Oct. 1, 1942, ch. 574 56 Stat. 763 Section 1315, acts Aug. 24, 1912, ch. 390,  5 37 Stat. 562 June 15, 1914, ch. 106,  1 38 Stat. 385 Aug. 24, 1937, ch. 752 50 Stat. 750 Sept. 26, 1950, ch. 1049,  11 64 Stat. 1042 Section 1315a, act Sept. 26, 1950, ch. 1049,  12 64 Stat. 1042  1316. Repealed. Sept. 26, 1950, ch. 1049,  13(3) 64 Stat. 1043   Section, act June 12, 1917, ch. 27,  1 40 Stat. 179  1317 to 1319. Omitted  Editorial Notes Codification Sections 1317 to 1319 were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1317, acts June 15, 1914, ch. 106,  2 38 Stat. 386 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1318, acts Aug. 24, 1912, ch. 390,  5 37 Stat. 562 Sept. 21, 1922, ch. 370,  10 42 Stat. 1008 July 5, 1932, ch. 425 47 Stat. 578 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1319, acts Aug. 24, 1912, ch. 390,  5 37 Stat. 562 June 15, 1914, ch. 106,  1 38 Stat. 385 June 19, 1934, ch. 667,  1 48 Stat. 1122 June 13, 1940, ch. 358,  1 54 Stat. 387 Sept. 26, 1950, ch. 1049,  3 64 Stat. 1039  1320. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 642   Section, act Aug. 24, 1912, ch. 390,  5 37 Stat. 562  1321, 1322. Omitted  Editorial Notes Codification Sections 1321 and 1322 were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1321, acts Aug. 21, 1916, ch. 371,  10 39 Stat. 529 June 19, 1934, ch. 667,  1 48 Stat. 1122 Section 1322, acts Aug. 21, 1916, ch. 371,  10 39 Stat. 529 June 19, 1934, ch. 667,  1 48 Stat. 1122  1323 to 13233. Repealed. Sept. 26, 1950, ch. 1049,  13(2) 64 Stat. 1043   Section 1323, acts Aug. 24, 1912, ch. 390,  6 37 Stat. 563 Aug. 12, 1949, ch. 422,  2 63 Stat. 601  Section 13231, acts Aug. 24, 1912, ch. 390,  6 37 Stat. 563 Aug. 12, 1949, ch. 422,  2 63 Stat. 601  Section 13232, act June 19, 1934, ch. 667,  53 Aug. 12, 1949, ch. 422,  2 63 Stat. 601  Section 13233, act June 19, 1934, ch. 667,  54 Aug. 12, 1949, ch. 422,  2 63 Stat. 601  1323a. Omitted  Editorial Notes Codification Section, acts Feb. 16, 1933, ch. 89,  1 47 Stat. 812 June 13, 1940, ch. 358,  2 58 Stat. 389 Sept. 26, 1950, ch. 1049,  2(b) 64 Stat. 1038 Pub. L. 9670,  3303(b) Pub. L. 104201,  3549  1323b. Repealed. Pub. L. 87845,  26(b) Oct. 18, 1962 76A Stat. 701   Section, act June 13, 1940, ch. 358,  2 54 Stat. 389  1323c. Omitted  Editorial Notes Codification Section, acts Aug. 21, 1916, ch. 371,  6 39 Stat. 528 Sept. 21, 1922, ch. 370,  11 42 Stat. 1008 Feb. 16, 1933, ch. 89,  2 47 Stat. 812 June 13, 1940, ch. 358,  2 54 Stat. 389 Pub. L. 9670,  3303(b) Pub. L. 104201,  3549  1323d to 1323h. Repealed. Pub. L. 87845,  26(b) Oct. 18, 1962 76A Stat. 701   Section 1323d, act June 13, 1940, ch. 358,  2 54 Stat. 389  Section 1323e, act June 13, 1940, ch. 358,  2 54 Stat. 389  Section 1323f, act June 13, 1940, ch. 358,  2 54 Stat. 389  Section 1323g, act June 13, 1940, ch. 358,  2 54 Stat. 389  Section 1323h, act June 13, 1940, ch. 358,  2 54 Stat. 389  1323i. Omitted  Editorial Notes Codification Section, acts Aug. 21, 1916, ch. 371,  7 39 Stat. 528 Feb. 16, 1933, ch. 89,  3 47 Stat. 812 June 13, 1940, ch. 358,  2 54 Stat. 389 Pub. L. 9670,  3303(b) Pub. L. 104201,  3549  1323j. Repealed. Pub. L. 87845,  26(b) Oct. 18, 1962 76A Stat. 701   Section, act June 13, 1940, ch. 358,  2 54 Stat. 389  1323k. Omitted  Editorial Notes Codification Section, act Feb. 16, 1933, ch. 89,  4 47 Stat. 813 Pub. L. 9670,  3303(b) Pub. L. 104201,  3549  1324, 1325. Repealed. Feb. 16, 1933, ch. 89,  4 47 Stat. 812   Section 1324, acts Aug. 21, 1916, ch. 371,  6 39 Stat. 528 Sept. 21, 1922, ch. 370,  11 42 Stat. 1008  Section 1325, act Aug. 21, 1916, ch. 371,  7 39 Stat. 528  1325a to 1327. Omitted  Editorial Notes Codification Sections 1325a to 1327 were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1325a, acts Feb. 16, 1933, ch. 90,  1 47 Stat. 813 Sept. 26, 1950, ch. 1049,  2(b) 64 Stat. 1038 Section 1325b, act Feb. 16, 1933, ch. 90,  2 47 Stat. 813 Section 1325c, acts Feb. 16, 1933, ch. 90,  3 47 Stat. 813 July 10, 1937, ch. 487,  1 50 Stat. 509 Section 1325d, act Feb. 16, 1933, ch. 90,  4 47 Stat. 813 Section 1325e, act Feb. 16, 1933, ch. 90,  5 47 Stat. 814 Section 1326, act Aug. 21, 1916, ch. 371,  8 39 Stat. 528 Section 1327, act Aug. 1, 1914, ch. 223,  4 38 Stat. 679  1328, 1329. Repealed. Sept. 26, 1950, ch. 1049,  13(1) 64 Stat. 1043   Section 1328, acts Aug. 1, 1914, ch. 223,  5 38 Stat. 679 June 10, 1921, ch. 18 42 Stat. 23  Section 1329, acts Mar. 3, 1915, ch. 75,  3 38 Stat. 886 June 10, 1921, ch. 18 42 Stat. 23  1330 to 1336h. Omitted  Editorial Notes Codification Sections 1330 to 1336h were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1330, act Aug. 24, 1912, ch. 390,  12 37 Stat. 569 Section 13301, act Dec. 16, 1941, ch. 580,  2 55 Stat. 802 Section 1330a, act July 5, 1932, ch. 419,  1 47 Stat. 574 Section 1330b, acts July 5, 1932, ch. 419,  2 47 Stat. 574 Sept. 26, 1950, ch. 1049,  2(b) 64 Stat. 1038 Section 1330c, act July 5, 1932, ch. 419,  3 47 Stat. 574 Section 1330d, act July 5, 1932, ch. 419,  4 47 Stat. 574 Section 1330e, acts July 5, 1932, ch. 419,  5 47 Stat. 575 Sept. 26, 1950, ch. 1049,  2(b) 64 Stat. 1038 Section 1330f, act July 5, 1932, ch. 419,  6 47 Stat. 575 Section 1330g, act July 5, 1932, ch. 419,  7 47 Stat. 575 Section 1330h, act July 5, 1932, ch. 419,  8 47 Stat. 575 Section 1330i, act July 5, 1932, ch. 419,  9 47 Stat. 575 Section 1330j, act July 5, 1932, ch. 419,  10 47 Stat. 575 Section 1331, act Aug. 21, 1916, ch. 371,  9 39 Stat. 529 Section 1332, act Aug. 24, 1912, ch. 355,  4 37 Stat. 486 Section 1333, acts Mar. 4, 1911, ch. 285,  2 36 Stat. 1451 July 10, 1937, ch. 487,  10 50 Stat. 511 Sept. 26, 1950, ch. 1049,  2(a)(2) 64 Stat. 1038 Section 1334, acts June 25, 1910, ch. 384,  2 36 Stat. 772 Sept. 26, 1950, ch. 1049,  2(a)(2) 64 Stat. 1048 Section 1335, acts Mar. 4, 1911, ch. 285,  6 36 Stat. 1452 Sept. 26, 1950, ch. 1049,  2(a)(2) 64 Stat. 1048 Section 1336, acts Aug. 24, 1912, ch. 390,  7 37 Stat. 564 Sept. 21, 1922, ch. 370,  1 42 Stat. 1004 Feb. 16, 1933, ch. 91,  1 47 Stat. 1038 Section 1336a, acts June 30, 1932, ch. 314 47 Stat. 415 Feb. 16, 1933, ch. 88,  1 47 Stat. 811 Section 1336b, act Feb. 16, 1933, ch. 88,  2 47 Stat. 811 Section 1336c, acts Feb. 16, 1933, ch. 88,  3 47 Stat. 811 Sept. 26, 1950, ch. 1049,  2(a)(1) 64 Stat. 1038 Section 1336d, act Feb. 16, 1933, ch. 88,  4 47 Stat. 811 Section 1336e, acts June 30, 1932, ch. 314 47 Stat. 415 Feb. 16, 1933, ch. 88,  5 47 Stat. 811 May 27, 1936, ch. 463,  1 49 Stat. 1380 Sept. 26, 1950, ch. 1049 64 Stat. 1038 Section 1336f, acts Feb. 16, 1933, ch. 88,  6 47 Stat. 811 Sept. 26, 1950, ch. 1049,  2(a)(1) 64 Stat. 1038 Section 1336g, acts Feb. 16, 1933, ch. 88,  7 47 Stat. 812 June 24, 1936, ch. 754,  8 49 Stat. 1905 Sept. 26, 1950, ch. 1049,  2(a)(1) 64 Stat. 1038 Section 1336h, acts Feb. 16, 1933, ch. 88,  8 47 Stat. 812 June 24, 1936, ch. 754,  9 49 Stat. 1906  1336i. Repealed. June 24, 1936, ch. 754,  10 49 Stat. 1906   Section, act Feb. 16, 1933, ch. 88,  9 47 Stat. 812  1336j, 1336k. Omitted  Editorial Notes Codification Sections 1336j and 1336k were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1336j, act July 5, 1932, ch. 421,  1 47 Stat. 576 Section 1336k, act July 5, 1932, ch. 421,  2 47 Stat. 576  1337. Repealed. Pub. L. 87845,  26(b) Oct. 18, 1962 76A Stat. 701   Section, acts Dec. 12, 1941, ch. 569 55 Stat. 798 Sept. 26, 1950, ch. 1049,  2(a)(1) 64 Stat. 1038  1337a to 1337c. Omitted  Editorial Notes Codification Sections 1337a to 1337c were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1337a, act June 19, 1934, ch. 667,  16 Aug. 12, 1949, ch. 422,  1 63 Stat. 600 Sept. 26, 1950, ch. 1049,  2(b) 64 Stat. 1038 Section 1337b, act June 19, 1934, ch. 667,  17 Aug. 12, 1949, ch. 422,  1 63 Stat. 600 Sept. 26, 1950, ch. 1049,  2(b) 64 Stat. 1038 Section 1337c, act June 19, 1934, ch. 667,  18 Aug. 12, 1949, ch. 422,  1 63 Stat. 600 Sept. 26, 1950, ch. 1049,  2(b) 64 Stat. 1038  1341 to 1344. Omitted  Editorial Notes Codification Sections 1341 to 1344 were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1341, acts Aug. 24, 1912, ch. 390,  7 37 Stat. 564 Sept. 21, 1922, ch. 370,  2 42 Stat. 1004 Feb. 16, 1933, ch. 91,  1 47 Stat. 814 Section 1342, acts Aug. 24, 1912, ch. 390,  7 37 Stat. 564 Sept. 21, 1922, ch. 370,  1 42 Stat. 1004 Feb. 16, 1933, ch. 91,  1 47 Stat. 814 Section 1343, acts Aug. 24, 1912, ch. 390,  7 37 Stat. 564 Sept. 21, 1922, ch. 370,  1 42 Stat. 1004 Feb. 16, 1933, ch. 91,  1 47 Stat. 814 Section 1344, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 42 Stat. 1005 Feb. 16, 1933, ch. 91,  2 47 Stat. 815  13441. Repealed. Pub. L. 87845,  26(b) Oct. 18, 1962 76A Stat. 701   Section, act Dec. 16, 1941, ch. 580,  3 55 Stat. 803  1344a to 1355. Omitted  Editorial Notes Codification Sections 1344a to 1355 were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 9670,  3303(b) Pub. L. 104201,  3549 Section 1344a, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 42 Stat. 1005 Feb. 16, 1933, ch. 91,  2 47 Stat. 816 Section 1345, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 42 Stat. 1005 Feb. 16, 1933, ch. 91,  2 47 Stat. 815 Section 1345a, act July 5, 1932, ch. 422,  2 47 Stat. 577 Section 1346, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 47 Stat. 1005 Feb. 16, 1933, ch. 91,  2 47 Stat. 815 Section 1347, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 42 Stat. 1005 Dec. 29, 1926, ch. 19,  1 44 Stat. 924 Feb. 16, 1933, ch. 91,  2 47 Stat. 816 Sept. 26, 1950, ch. 1049,  2(a) 64 Stat. 1038 Section 1348, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 42 Stat. 1005 Feb. 16, 1933, ch. 91,  2 47 Stat. 816 Section 1349, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 42 Stat. 1005 Feb. 16, 1933, ch. 91 47 Stat. 816 Section 1350, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 42 Stat. 1005 Feb. 16, 1933, ch. 91,  2 47 Stat. 815 Section 1351, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 42 Stat. 1005 Feb. 16, 1933, ch. 91,  2 47 Stat. 815 Sept. 26, 1950, ch. 1049,  2(b) 64 Stat. 1038 Section 1352, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 42 Stat. 1005 Feb. 16, 1933, ch. 91,  2 47 Stat. 817 Section 1353, acts Aug. 24, 1912, ch. 390,  8 37 Stat. 565 Sept. 21, 1922, ch. 370,  2 42 Stat. 1005 Dec. 29, 1926, ch. 19,  2 44 Stat. 924 Feb. 16, 1933, ch. 91,  2 47 Stat. 817 Mar. 26, 1938, ch. 51,  1 52 Stat. 118 July 1, 1944, ch. 366 58 Stat. 676 June 25, 1948, ch. 646,  31 67 Stat. 991 Section 1354, acts Aug. 24, 1912, ch. 390,  9 37 Stat. 565 Sept. 21, 1922, ch. 370,  3 42 Stat. 1006 Section 1355, acts Aug. 24, 1912, ch. 390,  9 37 Stat. 565 Sept. 21, 1922, ch. 370,  3 42 Stat. 1006  1356. Repealed. June 25, 1948, ch. 646,  35 62 Stat. 991   Section, acts Aug. 24, 1912, ch. 390,  9 37 Stat. 565 Sept. 21, 1922, ch. 370,  3 42 Stat. 1006 Feb. 16, 1933, ch. 91,  3 47 Stat. 817 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1948 June 25, 1948 section 1 of Title 28  1357, 1358. Omitted  Editorial Notes Codification Section 1357, acts Aug. 24, 1912, ch. 390,  9 37 Stat. 565 Sept. 21, 1922, ch. 370,  3 42 Stat. 1006 Section 1358, act June 28, 1906, ch. 3585 34 Stat. 552 Pub. L. 9670,  3303(b) Pub. L. 104201,  3549  1361. Repealed. Sept. 26, 1950, ch. 1049,  13(7) 64 Stat. 1043   Section, act June 29, 1948, ch. 706,  1 62 Stat. 1075  1361a to 1361l. Repealed. Pub. L. 87845,  26(b) Oct. 18, 1962 76A Stat. 701   Section 1361a, acts June 29, 1948, ch. 706,  2 62 Stat. 1076 Sept. 26, 1950, ch. 1049,  5 64 Stat. 1041  Section 1361b, acts June 29, 1948, ch. 706,  2 62 Stat. 1076 Sept. 26, 1950, ch. 1049,  6 64 Stat. 1041  Section 1361c, act June 29, 1948, ch. 706,  2 62 Stat. 1076  Section 1361d, acts June 29, 1948, ch. 706,  2 62 Stat. 1076 Sept. 26, 1950, ch. 1049,  8 64 Stat. 1041  Section 1361e, acts June 29, 1948, ch. 706,  2 62 Stat. 1076 Sept. 26, 1950, ch. 1049,  9 64 Stat. 1049  Section 1361f, act June 29, 1948, ch. 706,  2 62 Stat. 1076  Section 1361g, act June 29, 1948, ch. 706,  2 62 Stat. 1076  Section 1361h, act June 29, 1948, ch. 706,  2 62 Stat. 1076  Section 1361i, act June 29, 1948, ch. 706,  2 62 Stat. 1076  Section 1361j, act June 29, 1948, ch. 706,  2 62 Stat. 1076  Section 1361k, act June 29, 1948, ch. 706,  2 Sept. 26, 1950, ch. 1049,  10 64 Stat. 1042  Section 1361 l act June 29, 1948, ch. 706,  2 Sept. 26, 1950, ch. 1049,  10 64 Stat. 1042  1371 to 1371b. Repealed. July 21, 1949, ch. 356,  1(b) 63 Stat. 475   Section 1371, act Mar. 2, 1931, ch. 375,  1 46 Stat. 1471  Section 1371a, acts Mar. 2, 1931, ch. 375,  2 46 Stat. 1471 June 19, 1934, ch. 667,  1 48 Stat. 1122 July 29, 1942, ch. 536,  1 56 Stat. 726  Section 1371b, acts Mar. 2, 1931, ch. 375,  3 46 Stat. 1472 July 2, 1945, ch. 220 59 Stat. 212 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Apr. 1, 1948 Act July 21, 1949, ch. 356,  7(a) 63 Stat. 476 Additional Repeal Sections were also repealed by Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 648  1371b1. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 648   Section, act June 16, 1933, ch. 101,  8(b) 48 Stat. 306  1371c to 1371p. Repealed. July 21, 1949, ch. 356,  1(b) 63 Stat. 475   Section 1371c, acts Mar. 2, 1931, ch. 375,  4 46 Stat. 1472 Apr. 7, 1934 June 24, 1936, ch. 754,  2 49 Stat. 1904 Apr. 12, 1939, ch. 58 53 Stat. 574 Dec. 16, 1941, ch. 584,  2 55 Stat. 806  Section 1371d, act July 29, 1942, ch. 536,  2 56 Stat. 727  Section 1371e, acts Mar. 2, 1931, ch. 375,  6 46 Stat. 1474 Aug. 10, 1939, ch. 660 53 Stat. 1347 Dec. 16, 1941, ch. 584,  1 55 Stat. 805 July 29, 1942, ch. 536,  3 56 Stat. 727  Section 1371f, acts Mar. 2, 1931, ch. 375,  7 46 Stat. 1476 Oct. 14, 1940, ch. 859,  2 54 Stat. 1117  Section 1371g, acts Mar. 2, 1931, ch. 375,  8 46 Stat. 1476 Apr. 7, 1934  Section 1371h, acts Mar. 2, 1931, ch. 375,  9 46 Stat. 1477 Apr. 7, 1934 Dec. 16, 1941, ch. 584,  2 55 Stat. 806  Section 1371i, act Mar. 2, 1931, ch. 375,  10 46 Stat. 1477  Section 1371j, acts Mar. 2, 1931, ch. 375,  11 46 Stat. 1477 Apr. 7, 1934 June 24, 1936, ch. 754 49 Stat. 1905 Dec. 16, 1941, ch. 584,  4 55 Stat. 806 July 29, 1942, ch. 536,  4 56 Stat. 728  Section 1371k, acts Mar. 2, 1931, ch. 375,  12 46 Stat. 1478 Apr. 7, 1934 July 29, 1942, ch. 536,  5 56 Stat. 728  Section 1371 l Mar. 2, 1931, ch. 375,  13 46 Stat. 1479 Aug. 10, 1937, ch. 573 50 Stat. 619  Section 1371m, acts Mar. 2, 1931, ch. 375,  14 46 Stat. 1479 Apr. 7, 1934  Section 1371n, acts July 3, 1930, ch. 863,  2 46 Stat. 1016 Mar. 2, 1931, ch. 375,  15 46 Stat. 1479 Apr. 7, 1934  Section 1371 o act Mar. 2, 1931, ch. 375,  16 46 Stat. 1480  Section 1371p, acts July 3, 1930, ch. 863,  2 46 Stat. 1016 Mar. 2, 1931, ch. 375,  17 46 Stat. 1480 Apr. 7, 1934 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Apr. 1, 1948 Act July 21, 1949, ch. 356,  7(a) 63 Stat. 476 Additional Repeal Sections were also repealed by Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 648  1372. Repealed. Pub. L. 87845,  26(b) Oct. 18, 1962 76A Stat. 701   Section, acts July 8, 1937, ch. 443,  1 50 Stat. 478 Sept. 26, 1950, ch. 1049,  2(a) 64 Stat. 1038  1373 to 1374d. Omitted  Editorial Notes Codification Section 1373, acts May 29, 1944, ch. 214,  1 58 Stat. 257 Sept. 26, 1950, ch. 1049,  2(a)(1) 64 Stat. 1038 Section 1373a, acts May 29, 1944, ch. 214,  2 58 Stat. 258 Aug. 7, 1946, ch. 774 60 Stat. 873 Sept. 26, 1950, ch. 1049,  2(a)(1) 64 Stat. 1038 section 1373 of this title Section 1373b, act May 29, 1944, ch. 214,  3 58 Stat. 258 section 1373 of this title Section 1373c, act May 29, 1944, ch. 214,  4 58 Stat. 258 section 1373 of this title Section 1373d, acts May 29, 1944, ch. 214,  5 58 Stat. 259 June 19, 1948, ch. 527,  1 62 Stat. 497 Sept. 26, 1950, ch. 1049,  2(a)(1) 64 Stat. 1038 section 1373 of this title Section 1373e, act May 29, 1944, ch. 214,  6 58 Stat. 259 Section 1373f, act May 29, 1944, ch. 214,  7 58 Stat. 259 Section 1373g, act May 29, 1944, ch. 214,  8 58 Stat. 269 Section 1374, acts July 24, 1947, ch. 308,  1 61 Stat. 415 Sept. 26, 1950, ch. 1949,  2(a)(2) 64 Stat. 1038 Section 1374a, acts July 24, 1947, ch. 308,  2 61 Stat. 415 Sept. 26, 1950, ch. 1049,  2(a)(2) 64 Stat. 1038 Section 1374b, acts July 24, 1947, ch. 308,  3 61 Stat. 416 Sept. 26, 1950, ch. 1049,  2(a)(2) 64 Stat. 1038 Section 1374c, acts July 24, 1947, ch. 308,  4 61 Stat. 416 Sept. 26, 1950, ch. 1049,  2(a)(2) 64 Stat. 1038 Section 1374d, acts July 24, 1947, ch. 308,  5 61 Stat. 416 Sept. 26, 1950, ch. 1049,  2(a)(2) 64 Stat. 1038  1381, 1382. Transferred  Editorial Notes Codification Section 1381, act July 2, 1940, ch. 516,  1 54 Stat. 724 section 79 of Title 20 Section 1382, act July 2, 1940, ch. 516,  2 54 Stat. 724 July 16, 1946 60 Stat. 1101 section 79a of Title 20  1383. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 650   Section, act July 2, 1940, ch. 516,  3 54 Stat. 724  1384 to 1387. Transferred  Editorial Notes Codification Section 1384, act July 2, 1940, ch. 516,  4 54 Stat. 724 July 16, 1946 60 Stat. 1101 section 79b of Title 20 Section 1385, act July 2, 1940, ch. 516,  5 54 Stat. 725 July 16, 1946 60 Stat. 1101 section 79c of Title 20 Section 1386, act July 2, 1940, ch. 516,  6 54 Stat. 725 July 16, 1946 60 Stat. 1101 section 79d of Title 20 Section 1387, act July 2, 1940, ch. 516,  7 54 Stat. 725 section 79e of Title 20 CHAPTER 7 VIRGIN ISLANDS    SUBCHAPTER IGENERAL PROVISIONS  Sec.  1391. Repealed.  1392. Local laws continued; courts.  1392a 1393. Repealed.  1394. Customs duties and internal-revenue taxes.  1395. Tax laws continued; tax on sugar.  1396. Duties and taxes covered into Virgin Islands treasury.  1397. Income tax laws of United States in force; payment of proceeds; levy of surtax on all taxpayers.  1398 1401f. Omitted or Repealed.  1402. Extension of industrial alcohol and internal revenue laws to Virgin Islands.  1403. Issuance of bonds or other obligations by government or municipalities; use of proceeds; limit on public indebtedness; terms, execution, interest rate, and sale price; taxes.  1403a. Expenditure of bond proceeds for public improvements.  1403b. Bond liability of United States.  SUBCHAPTER IICIVIL GOVERNMENT  1405. Geographical application of subchapter; land and waters included in term Virgin Islands.  1405a 1405b. Repealed.  1405c. Transfer of property to government.  1405d 1405p. Repealed.  1405q. Laws continued in force until modified; patent, trade mark, and copyright laws extended to Virgin Islands; jurisdiction of district court.  1405r 1406e. Repealed or Omitted.  1406f. Judicial process; title of criminal prosecutions.  1406g. Repealed.  1406h. Taxes, duties and fees as funds for benefit of municipalities; appropriations.  1406i. Taxes and fees; power to assess and collect; ports of entry; export duties.  1406j 1406k. Repealed.  1406l. Effective date.  1406m. Short title.  SUBCHAPTER IIIVIRGIN ISLANDS CORPORATION  1407 1407i. Repealed.  SUBCHAPTER IVPUBLIC HOUSING  1408. Legislative authority to create authorities; appointment of members; powers of authorities.  1408a. Issuance of notes, bonds, and obligations.  1408b. Authorization of loans, conveyances, etc., by government and municipalities.  1408c. Grants-in-aid by Federal Government.  1408d. Ratification of prior acts.  1408e. Additional powers.  SUBCHAPTER VINTERNAL DEVELOPMENT  1409 1409j. Repealed.  SUBCHAPTER VIAGRICULTURAL PROGRAM  1409m 1409o Repealed. SUBCHAPTER I GENERAL PROVISIONS  Editorial Notes Codification A new organic act, or basic charter of civil government, for the people of the Virgin Islands of the United States, was passed in 1954. Act July 22, 1954, ch. 558 68 Stat. 497 section 1574(c) of this title act June 22, 1936, ch. 699 49 Stat. 1807 July 22, 1954 July 22, 1954 Statutory Notes and Related Subsidiaries Additional Provisions For additional provisions, constituting a revision of the Organic Act of the Virgin Islands of the United States, see section 1541 et seq. of this title. Delegate to Congress From Virgin Islands Provisions respecting representation in Congress by a Delegate from Virgin Islands to the House of Representatives, see section 1711 et seq. of this title.  1391. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 643   Section, act Mar. 3, 1917, ch. 171,  1 39 Stat. 1132  1392. Local laws continued; courts  Until Congress shall otherwise provide, insofar as compatible with the changed sovereignty and not in conflict with the provisions of this section and sections 1391 1 1 ( Mar. 3, 1917, ch. 171,  2 39 Stat. 1132 June 25, 1948, ch. 646,  39 62 Stat. 992  Editorial Notes  References in Text Section 1391 of this title Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 643 Amendments 1948Act June 25, 1948 section 1294 of Title 28 Statutory Notes and Related Subsidiaries Effective Date of 1948 Amendment Amendment by act June 25, 1948 Sept. 1, 1948 section 1 of Title 28  1392a. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 650   Section, acts May 24, 1940, ch. 209,  3 54 Stat. 220 July 31, 1946, ch. 704,  1 60 Stat. 716 June 25, 1948, ch. 646,  30 62 Stat. 991  Section was formerly classified to section 5a of Title 28 act June 25, 1948, ch. 646,  1 62 Stat. 869  1392b. Repealed. Pub. L. 97357, title III,  308(c) Oct. 19, 1982 96 Stat. 1710   Section, act July 1, 1932, ch. 370,  2 47 Stat. 565 section 1399 of this title  1393. Repealed. Pub. L. 97357, title III,  308(a) Oct. 19, 1982 96 Stat. 1710   Section, act July 12, 1921, ch. 44,  1 42 Stat. 123  1394. Customs duties and internal-revenue taxes  There shall be levied, collected, and paid upon all articles coming into the United States or its possessions from the Virgin Islands the rates of duty and internal-revenue taxes which are required to be levied, collected, and paid upon like articles imported from foreign countries: Provided ( Mar. 3, 1917, ch. 171,  3 39 Stat. 1133 Sept. 7, 1950, ch. 909 64 Stat. 784  Editorial Notes Amendments 1950Act Sept. 7, 1950  1395. Tax laws continued; tax on sugar  Until Congress shall otherwise provide all laws now imposing taxes in the said West Indian Islands, including the customs laws and regulations, shall, insofar as compatible with the changed sovereignty and not otherwise herein provided, continue in force and effect, except that articles the growth, product, or manufacture of the United States shall be admitted there free of duty: Provided Provided further 1 1 And provided further ( Mar. 3, 1917, ch. 171,  4 39 Stat. 1133 Feb. 25, 1927, ch. 192,  5 44 Stat. 1235 June 24, 1932, ch. 275 47 Stat. 333  Editorial Notes  References in Text Section 1391 of this title Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 643 Amendments 1932Act June 24, 1932 1927Act Feb. 25, 1927  1396. Duties and taxes covered into Virgin Islands treasury  The duties and taxes collected in pursuance of sections 1394 and 1395 of this title shall not be covered into the general fund of the Treasury of the United States, but shall be used and expended for the government and benefit of the Virgin Islands, under such rules and regulations as the President may prescribe. ( Mar. 3, 1917, ch. 171,  5 39 Stat. 1133  1397. Income tax laws of United States in force; payment of proceeds; levy of surtax on all taxpayers  The income-tax laws in force in the United States of America and those which may hereafter be enacted shall be held to be likewise in force in the Virgin Islands of the United States, except that the proceeds of such taxes shall be paid into the treasuries of said islands: Provided further ( July 12, 1921, ch. 44,  1 42 Stat. 123 Pub. L. 94392,  5 Aug. 19, 1976 90 Stat. 1195  Editorial Notes  References in Text The income-tax laws in force in the United States of America, referred to in text, are classified to Title 26, Internal Revenue Code. Codification Section is from act July 12, 1921 Amendments 1976 Pub. L. 94392 Statutory Notes and Related Subsidiaries Application of Western Hemisphere Trade Corporation Provision Under the Virgin Islands Tax Laws Pub. L. 92178, title III,  307 Dec. 10, 1971 85 Stat. 524 26 U.S.C. 921 Dec. 10, 1971  1398. Omitted  Editorial Notes Codification Section, act July 1, 1922, ch. 259 42 Stat. 788 section 1642 of this title  1399. Repealed. Pub. L. 97357, title III,  308(b) Oct. 19, 1982 96 Stat. 1710   Section, acts July 3, 1930, ch. 847,  8 46 Stat. 948 July 1, 1932, ch. 370,  1 47 Stat. 565  1400. Repealed. Pub. L. 98454, title VII,  709 Oct. 5, 1984 98 Stat. 1741   Section, act May 20, 1932, ch. 194 47 Stat. 160 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective on ninetieth day following Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title  1401 to 1401e. Repealed. Pub. L. 11040,  1(a) June 29, 2007 121 Stat. 232   Section 1401, act May 26, 1936, ch. 450,  1 49 Stat. 1372  Section 1401a, act May 26, 1936, ch. 450,  2 49 Stat. 1372  Section 1401b, act May 26, 1936, ch. 450,  3 49 Stat. 1372  Section 1401c, act May 26, 1936, ch. 450,  4 49 Stat. 1372  Section 1401d, acts May 26, 1936, ch. 450,  5 49 Stat. 1372 June 30, 1949, ch. 285,  12 63 Stat. 356  Section 1401e, act May 26, 1936, ch. 450,  6 49 Stat. 1373 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 11040,  1(b) June 29, 2007 121 Stat. 232 This section [repealing sections 1401 to 1401e of this title] shall be deemed to have taken effect on July 22, 1954  1401f. Omitted  Editorial Notes Codification Section, act Oct. 5, 1992 Pub. L. 102381, title I 106 Stat. 1392 section 1469e of this title Nov. 13, 1991 Pub. L. 102154, title I 105 Stat. 1007 Nov. 5, 1990 Pub. L. 101512, title I 104 Stat. 1932 Oct. 23, 1989 Pub. L. 101121, title I 103 Stat. 716 Sept. 27, 1988 Pub. L. 100446, title I 102 Stat. 1797 Dec. 22, 1987 Pub. L. 100202,  101(g) [title I] 101 Stat. 1329213 Oct. 18, 1986 Pub. L. 99500,  101(h) [title I] 100 Stat. 1783242 Oct. 30, 1986 Pub. L. 99591,  101(h) [title I] 100 Stat. 3341242 Dec. 19, 1985 Pub. L. 99190,  101(d) [title I] 99 Stat. 1224 Oct. 12, 1984 Pub. L. 98473, title I,  101(c) [title I] 98 Stat. 1837 Nov. 4, 1983 Pub. L. 98146, title I 97 Stat. 931 Dec. 30, 1982 Pub. L. 97394, title I 96 Stat. 1979 Dec. 23, 1981 Pub. L. 97100, title I 95 Stat. 1401 Dec. 12, 1980 Pub. L. 96514, title I 94 Stat. 2969 Nov. 27, 1979 Pub. L. 96126, title I 93 Stat. 965 Oct. 17, 1978 Pub. L. 95465, title I 92 Stat. 1289 July 26, 1977 Pub. L. 9574, title I 91 Stat. 295 July 31, 1976 Pub. L. 94373, title I 90 Stat. 1052 Dec. 23, 1975 Pub. L. 94165, title I 89 Stat. 987 Aug. 31, 1974 Pub. L. 93404, title I 88 Stat. 812 Oct. 4, 1973 Pub. L. 93120, title I 87 Stat. 433 Aug. 10, 1972 Pub. L. 92369, title I 86 Stat. 512 Aug. 10, 1971 Pub. L. 9276, title I 85 Stat. 233 July 31, 1970 Pub. L. 91361, title I 84 Stat. 673 Oct. 29, 1969 Pub. L. 9198, title I 83 Stat. 151 July 26, 1968 Pub. L. 90425, title I 82 Stat. 430 June 24, 1967 Pub. L. 9028, title I 81 Stat. 63 May 31, 1966 Pub. L. 89435, title I 80 Stat. 174 June 28, 1965 Pub. L. 8952, title I 79 Stat. 179 July 7, 1964 Pub. L. 88356, title I 78 Stat. 278 July 26, 1963 Pub. L. 8879, title I 77 Stat. 102 Aug. 9, 1962 Pub. L. 87578, title I 76 Stat. 339 Aug. 3, 1961 Pub. L. 87122, title I 75 Stat. 250 May 13, 1960 Pub. L. 86455, title I 74 Stat. 112 June 23, 1959 Pub. L. 8660, title I 73 Stat. 101 June 4, 1958 Pub. L. 85439, title I 72 Stat. 163 July 1, 1957 Pub. L. 8577, title I 71 Stat. 265 June 13, 1956, ch. 380 70 Stat. 264 June 16, 1955, ch. 147 69 Stat. 149 July 1, 1954, ch. 446 68 Stat. 372 July 31, 1953, ch. 298 67 Stat. 273 July 9, 1952, ch. 597 66 Stat. 457 Aug. 31, 1951, ch. 375 65 Stat. 263 Sept. 6, 1950, ch. 896 64 Stat. 694  1402. Extension of industrial alcohol and internal revenue laws to Virgin Islands  Title III of the National Prohibition Act, as amended, and all provisions of the internal revenue laws relating to the enforcement thereof, are extended to and made applicable to the Virgin Islands, from and after August 27, 1935 ( June 26, 1936, ch. 830 49 Stat. 1957  Editorial Notes  References in Text The National Prohibition Act, as amended, referred to in text, is act Oct. 28, 1919, ch. 85 41 Stat. 305 Codification Provisions similar to those comprising this section relating to Puerto Rico are classified to section 734a of this title  1403. Issuance of bonds or other obligations by government or municipalities; use of proceeds; limit on public indebtedness; terms, execution, interest rate, and sale price; taxes  To construct, improve, extend, better, repair, reconstruct, acquire, and operate any and all types of public works which shall include, but not be limited to, streets, bridges, wharves, and harbor facilities, sewers and sewage-disposal plants, municipal buildings, schools, libraries, gymnasia and athletic fields, fire houses, electric distribution systems or other work pertaining to electric systems, and other public utilities, including those owned or operated by the Saint Thomas Power Authority, or to clear slums, accomplish urban redevelopment or provide low-rent housing, negotiable general obligation bonds and other obligations may be issued by the government of the Virgin Islands or any municipality thereof: Provided Provided further 1 1 ( Oct. 27, 1949, ch. 769,  1 63 Stat. 940  Editorial Notes  References in Text Section 1401b of this title Pub. L. 11040,  1(a) June 29, 2007 121 Stat. 232  1403a. Expenditure of bond proceeds for public improvements  The proceeds of the bond issues or other obligations herein authorized shall be expended only for the public improvements set forth in section 1403 of this title ( Oct. 27, 1949, ch. 769,  2 63 Stat. 941  1403b. Bond liability of United States  Bonds or other obligations issued pursuant to sections 1403 to 1403b of this title shall not be a debt of the United States, nor shall the United States be liable thereon. ( Oct. 27, 1949, ch. 769,  3 63 Stat. 941 SUBCHAPTER II CIVIL GOVERNMENT  1405. Geographical application of subchapter; land and waters included in term Virgin Islands  The provisions of this subchapter, and the name the Virgin Islands as used in this subchapter, shall apply to and include the territorial domain, lands and waters acquired by the United States through cession of the Danish West Indian Islands by the convention between the United States of America and His Majesty the King of Denmark entered into August 4, 1916 September 7, 1916 ( June 22, 1936, ch. 699,  1 49 Stat. 1807  1405a, 1405b. Repealed. Pub. L. 97357, title III,  307 Oct. 19, 1982 96 Stat. 1709   Section 1405a, act June 22, 1936, ch. 699,  2 49 Stat. 1807  Section 1405b, act June 22, 1936, ch. 699,  3 49 Stat. 1807  1405c. Transfer of property to government (a) Property not reserved All property which may have been acquired by the United States from Denmark in the Virgin Islands under the convention entered into August 4, 1916 June 22, 1937 (b) Applicability of United States law Except as otherwise expressly provided, all laws of the United States for the protection and improvement of the navigable waters of the United States shall apply to the Virgin Islands. (c) Applicability of tonnage duties No Federal laws levying tonnage duties, light money, or entrance and clearance fees shall apply to the Virgin Islands. (d) Presidential determination of applicable laws The legislature of the Virgin Islands shall have power to enact navigation, boat inspection, and safety laws of local application; but the President shall have power to make applicable to the Virgin Islands such of the navigation, vessel inspection, and coastwise laws of the United States as he may find and declare to be necessary in the public interest, and, to the extent that the laws so made applicable conflict with any laws of local application enacted by the legislature, such laws enacted by the legislature shall have no force and effect. (e) Existing powers of United States officers unaffected Nothing in this subchapter shall be construed to affect or impair in any manner the terms and conditions of any authorizations, permits, or other powers heretofore lawfully granted or exercised in or in respect of the Virgin Islands by any authorized officer or agent of the United States. ( June 22, 1936, ch. 699,  4 49 Stat. 1808 Aug. 7, 1939, ch. 515 53 Stat. 1242 Oct. 31, 1951, ch. 654,  1(127) 65 Stat. 706 Pub. L. 97357, title III,  306 Oct. 19, 1982 96 Stat. 1709  Editorial Notes Amendments 1982Subsec. (d). Pub. L. 97357 1951Subsec. (f). Act Oct. 31, 1951 1939Act Aug. 7, 1939 Statutory Notes and Related Subsidiaries Construction of Virgin Islands Projects by Secretary of the Army Pub. L. 101640, title IV,  406 Nov. 28, 1990 104 Stat. 4647  (a)  General Rule Upon request of the Governor of the Virgin Islands with respect to a construction project in the Virgin Islands for which Federal financial assistance is available under any law of the United States, the Federal official administering such assistance may make such assistance available to the Secretary instead of the Virgin Islands. The Secretary shall use such assistance to carry out such project in accordance with the provisions of such law. (b)  Limitation on Statutory Construction Nothing in this section shall be construed as relieving the Virgin Islands from complying with any requirements for non-Federal cooperation with respect to a construction project carried out with Federal financial assistance provided to the Secretary pursuant to this section; except that the Secretary shall be responsible for complying with administrative and fiscal requirements associated with utilization of such assistance. (c)  Termination Date Subsection (a) shall not be effective after the last day of the 3-year period beginning on the date of the enactment of this Act [ Nov. 28, 1990 Executive Documents  Ex. Ord. No. 9170. Certain Navigation Laws Made Applicable to Virgin Islands Ex. Ord. No. 9170, eff. May 21, 1942 It is ordered that all of the navigation and vessel inspection laws of the United States be, and they are hereby, made applicable to the Virgin Islands of the United States, with the following exceptions: (1) The coastwise laws of the United States. (2) The act of Congress approved June 7, 1897 30 Stat. 96 February 19, 1900 31 Stat. 30 May 25, 1914 38 Stat. 381 March 1, 1933 47 Stat. 1417 Aug. 21, 1935 49 Stat. 668 May 20, 1936 49 Stat. 1367 April 22, 1940 54 Stat. 150 (3) So much of the vessel inspection laws of the United States as requires the inspection as a passenger vessel of any cargo vessel, foreign or domestic, when carrying more than twelve passengers or persons in addition to the crew. (4) Federal laws levying tonnage duties, light money, or entrance and clearance fees.  1405d to 1405g. Repealed. Pub. L. 97357, title III,  307 Oct. 19, 1982 96 Stat. 1709   Section 1405d, act June 22, 1936, ch. 699,  5 49 Stat. 1808  Section 1405e, act June 22, 1936, ch. 699,  6 49 Stat. 1808  Section 1405f, act June 22, 1936, ch. 699,  7 49 Stat. 1808  Section 1405g, act June 22, 1936, ch. 699,  8 49 Stat. 1809  1405h, 1405i. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 649   Section 1405h, act June 22, 1936, ch. 699,  9 49 Stat. 1809  Section 1405i, act June 22, 1936, ch. 699,  10 49 Stat. 1809  1405j to 1405p. Repealed. Pub. L. 97357, title III,  307 Oct. 19, 1982 96 Stat. 1709   Section 1405j, act June 22, 1936, ch. 699,  11 49 Stat. 1809  Section 1405k, act June 22, 1936, ch. 699,  12 49 Stat. 1809  Section 1405 l act June 22, 1936, ch. 699,  13 49 Stat. 1810  Section 1405m, act June 22, 1936, ch. 699,  14 49 Stat. 1810  Section 1405n, act June 22, 1936, ch. 699,  15 49 Stat. 1810  Section 1405 o act June 22, 1936, ch. 699,  16 49 Stat. 1810  Section 1405p, act June 22, 1936, ch. 699,  17 49 Stat. 1811  1405q. Laws continued in force until modified; patent, trade mark, and copyright laws extended to Virgin Islands; jurisdiction of district court  The laws of the United States applicable to the Virgin Islands on June 22, 1936 Provided ( June 22, 1936, ch. 699,  18 49 Stat. 1811  Editorial Notes  References in Text The laws of the United States relating to patents, trade marks, and copyrights, referred to in text, are classified generally to Title 35, Patents, chapter 22 ( 1051 et seq.) of Title 15, Commerce and Trade, and Title 17, Copyrights.  1405r. Repealed. Pub. L. 97357, title III,  307 Oct. 19, 1982 96 Stat. 1709   Section, act June 22, 1936, ch. 699,  19 49 Stat. 1811  1405s to 1405t. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 649   Section 1405s, acts June 22, 1936, ch. 699,  20 49 Stat. 1812 Dec. 26, 1941, ch. 637 55 Stat. 872  Section 1405s1, act Oct. 15, 1949, ch. 695,  5(a) 63 Stat. 880  This section was not enacted as part of the Organic Act of the Virgin Islands of the United States which comprises this subchapter.  Section 1405t, act June 22, 1936, ch. 699,  21 49 Stat. 1812  1405u to 1405w. Repealed. Pub. L. 97357, title III,  307 Oct. 19, 1982 96 Stat. 1709   Section 1405u, act June 22, 1936, ch. 699,  22 49 Stat. 1812  Section 1405v, act June 22, 1936, ch. 699,  23 49 Stat. 1813  Section 1405w, act June 22, 1936, ch. 699,  24 49 Stat. 1813  1405w1. Omitted  Editorial Notes Codification Section, act July 3, 1945, ch. 262,  1 59 Stat. 359 section 1591 of this title  1405x. Repealed. Pub. L. 97357, title III,  307 Oct. 19, 1982 96 Stat. 1709   Section, act June 22, 1936, ch. 699,  25 49 Stat. 1813  1405y. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 649   Section, acts June 22, 1936, ch. 699,  26 49 Stat. 1813 Aug. 5, 1939, ch. 430 53 Stat. 1203 June 25, 1948, ch. 646,  28 62 Stat. 991 Feb. 10, 1954, ch. 6,  3(a) 68 Stat. 12  1405z to 1406e. Repealed. Pub. L. 97357, title III,  307 Oct. 19, 1982 96 Stat. 1709   Section 1405z, act June 22, 1936, ch. 699,  27 49 Stat. 1813  Section 1406, act June 22, 1936, ch. 699,  28 49 Stat. 1814  Section 1406a, act June 22, 1936, ch. 699,  29 49 Stat. 1814  Section 1406b, act June 22, 1936, ch. 699,  30 49 Stat. 1814  Section 1406c, act June 22, 1936, ch. 699,  31 49 Stat. 1814  Section 1406d, act June 22, 1936, ch. 699,  32 49 Stat. 1814  Section 1406e, act June 22, 1936, ch. 699,  33 49 Stat. 1815  1406f. Judicial process; title of criminal prosecutions  All judicial process shall run in the name of United States of America, scilicet, the President of the United States, and all penal or criminal prosecutions in the local courts shall be conducted in the name of and by authority of the People of the Virgin Islands of the United States. ( June 22, 1936, ch. 699,  37 49 Stat. 1817  1406g. Repealed. Pub. L. 97357, title III,  307 Oct. 19, 1982 96 Stat. 1709   Section, act June 22, 1936, ch. 699,  34 49 Stat. 1815  1406h. Taxes, duties and fees as funds for benefit of municipalities; appropriations  All taxes, duties, fees, and public revenues collected in the municipality of Saint Croix shall be covered into the treasury of the Virgin Islands and held in account for said municipality and all taxes, duties, fees, and public revenues collected in the municipality of Saint Thomas and Saint John shall be covered into said treasury of the Virgin Islands and held in account for said municipality: Provided ( June 22, 1936, ch. 699,  35 49 Stat. 1816  1406i. Taxes and fees; power to assess and collect; ports of entry; export duties  Taxes and assessments on property and incomes, internal-revenue taxes, license fees, and service fees may be imposed and collected, and royalties for franchises, privileges, and concessions granted may be collected for the purposes of the Government of the Virgin Islands as may be provided and defined by the municipal councils herein established: Provided Provided June 22, 1936 Provided further ( June 22, 1936, ch. 699,  36 49 Stat. 1816  1406j. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 649   Section, act June 22, 1936, ch. 699,  38 49 Stat. 1817  1406k. Repealed. Pub. L. 97357, title III,  307 Oct. 19, 1982 96 Stat. 1709   Section, act June 22, 1936, ch. 699,  39 49 Stat. 1817  1406l. Effective date  This subchapter shall take effect June 22, 1936 ( June 22, 1936, ch. 699,  40 49 Stat. 1817  1406m. Short title  This subchapter may be cited as the Organic Act of the Virgin Islands of the United States. ( June 22, 1936, ch. 699,  41 49 Stat. 1817 SUBCHAPTER III VIRGIN ISLANDS CORPORATION  1407 to 1407i. Repealed. Pub. L. 97357, title III,  308(e) Oct. 19, 1982 96 Stat. 1710   Section 1407, act June 30, 1949, ch. 285,  1 63 Stat. 350  Section 1407a, act June 30, 1949, ch. 285,  2 63 Stat. 351  Section 1407b, act June 30, 1949, ch. 285,  3 63 Stat. 351  Section 1407c, acts June 30, 1949, ch. 285,  4 63 Stat. 352 Sept. 2, 1958 Pub. L. 85913 72 Stat. 1759 June 6, 1972 Pub. L. 92310, title II,  234 86 Stat. 214  Section 1407d, act June 30, 1949, ch. 285,  5 63 Stat. 353  Section 1407e, acts June 30, 1949, ch. 285,  6 63 Stat. 353 Sept. 2, 1958 Pub. L. 85913,  4 72 Stat. 1760 Oct. 4, 1961 Pub. L. 87382 75 Stat. 812  Section 1407f, act June 30, 1949, ch. 285,  7 63 Stat. 353 July 1, 1970 84 Stat. 2085  Section 1407g, acts June 30, 1949, ch. 285,  8 63 Stat. 354 Sept. 2, 1958 Pub. L. 85913,  5 72 Stat. 1760  Section 1407h, acts June 30, 1949, ch. 285,  9 63 Stat. 354 Sept. 2, 1958 Pub. L. 85913,  6 72 Stat. 1760  Section 1407i, act June 30, 1949, ch. 285,  10 63 Stat. 355 July 1, 1970 84 Stat. 2085 Statutory Notes and Related Subsidiaries Effective Date Act June 30, 1949, ch. 285,  14 63 Stat. 356 act June 30, 1949, ch. 285 June 30, 1949 Pub. L. 97357, title III,  308(e) Oct. 19, 1982 96 Stat. 1710 Short Title Act June 30, 1949, ch. 285,  15 63 Stat. 356 June 30, 1949 section 1401d of this title Pub. L. 97357, title III,  308(e) Oct. 19, 1982 96 Stat. 1710 Savings Provision Pub. L. 97357, title III,  308(e) Oct. 19, 1982 96 Stat. 1710 That nothing in this subsection [repealing sections 1407 to 1407i of this title] shall affect the pension rights of former employees of the Virgin Islands Corporation. Transfer of Facilities; Investment Increase; Supply of Electric Power Pub. L. 85913,  7 Sept. 2, 1958 72 Stat. 1760 June 30, 1969 Dissolution of Virgin Islands Company Act June 30, 1949, ch. 285,  11 63 Stat. 355 Pub. L. 97357, title III,  308(e) Oct. 19, 1982 96 Stat. 1710 SUBCHAPTER IV PUBLIC HOUSING  1408. Legislative authority to create authorities; appointment of members; powers of authorities  The government of the Virgin Islands, through its legislative assembly, may grant to a public corporate authority existing or to be created through said assembly, exclusive authority to undertake slum clearance, urban redevelopment, urban renewal, and low-rent housing activities within the municipalities of the Virgin Islands. The legislative assembly may provide for the appointment and terms of office of the members of such authority and for the powers of such authority, including authority to accept whatever benefits the Federal Government may make available under the Housing Act of 1949 (Public Law 171, Eighty-First Congress), as amended [ 42 U.S.C. 1441 ( July 18, 1950, ch. 466 64 Stat. 346 Aug. 11, 1955, ch. 783 69 Stat. 638  Editorial Notes  References in Text The Housing Act of 1949 (Public Law 171, Eighty-First Congress), as amended, referred to in text, is act July 15, 1949, ch. 338 63 Stat. 413 section 1441 of Title 42 This Act, referred to in text, means act July 18, 1950, ch. 466 64 Stat. 344 Amendments 1955Act Aug. 11, 1955 Statutory Notes and Related Subsidiaries Urban Renewal Activities Act Aug. 11, 1955, ch. 783, title I,  107(4) 69 Stat. 638  1408a. Issuance of notes, bonds, and obligations  The legislative assembly may authorize such authority, any provision of the Virgin Islands Organic Act [ 48 U.S.C. 1405 ( July 18, 1950, ch. 466 64 Stat. 346  Editorial Notes  References in Text The Virgin Islands Organic Act, referred to in text, probably means the Organic Act of the Virgin Islands of the United States, act June 22, 1936, ch. 699 49 Stat. 1807 section 1406m of this title  1408b. Authorization of loans, conveyances, etc., by government and municipalities  The government of the Virgin Islands, through its legislative assembly, may assist such authority with cash donations, loans, conveyances of real and personal property, facilities, and services, and otherwise, and may authorize municipalities and other subdivisions to make cash donations, loans, conveyances of real and personal property to such authority, and to take other action, including but not limited to, the making available or the furnishing of facilities and services, in aid of slum clearance, urban redevelopment, urban renewal, or low-rent housing projects. ( July 18, 1950, ch. 466 64 Stat. 347 Aug. 11, 1955, ch. 783 69 Stat. 638  Editorial Notes Amendments 1955Act Aug. 11, 1955  1408c. Grants-in-aid by Federal Government  Notwithstanding the limitation contained in the last sentence of section 110(d) [ 42 U.S.C. 1460(d) 42 U.S.C. 1450 42 U.S.C. 1441 ( July 18, 1950, ch. 466 64 Stat. 347 Aug. 11, 1955, ch. 783 69 Stat. 638 Pub. L. 9019,  9 May 25, 1967 81 Stat. 22  Editorial Notes  References in Text The Housing Act of 1949, referred to in text, is act July 15, 1949, ch. 338 63 Stat. 413 section 5316 of Title 42 Jan. 1, 1975 section 1441 of Title 42 This Act, referred to in text, means act July 18, 1950, ch. 466 64 Stat. 344 Amendments 1967 Pub. L. 9019 1955Act Aug. 11, 1955  1408d. Ratification of prior acts  All legislation heretofore enacted by the legislative assembly of the Virgin Islands dealing with any part of the subject matter of this Act and not inconsistent herewith is ratified and confirmed. ( July 18, 1950, ch. 466 64 Stat. 347  Editorial Notes  References in Text This Act, referred to in text, means act July 18, 1950, ch. 466 64 Stat. 344  1408e. Additional powers  Powers granted in this Act shall be in addition to and not in derogation of any powers granted by other law to or for the benefit or assistance of any public corporate authority or municipality. ( July 18, 1950, ch. 466 64 Stat. 347  Editorial Notes  References in Text This Act, referred to in text, means act July 18, 1950, ch. 466 64 Stat. 344 SUBCHAPTER V INTERNAL DEVELOPMENT  1409 to 1409j. Repealed. Pub. L. 97357, title III,  308(d) Oct. 19, 1982 96 Stat. 1710   Section 1409, acts Dec. 20, 1944, ch. 615,  1 58 Stat. 827 June 30, 1949, ch. 288 63 Stat. 380 May 24, 1950 64 Stat. 1267  Section 1409a, act Dec. 20, 1944, ch. 615,  2 58 Stat. 828  Section 1409b, acts Dec. 20, 1944, ch. 615,  3 58 Stat. 829 May 24, 1950 64 Stat. 1267 July 12, 1982 Pub. L. 97214,  10(b)(3) 96 Stat. 175  Section 1409c, acts Dec. 20, 1944, ch. 615,  4 58 Stat. 829 June 30, 1949, ch. 288 63 Stat. 380 May 24, 1950 64 Stat. 1267  Section 1409d, act Dec. 20, 1944, ch. 615,  5 58 Stat. 829 May 24, 1950 64 Stat. 1267  Section 1409e, acts Dec. 20, 1944, ch. 615,  6 58 Stat. 829 June 30, 1949, ch. 288 63 Stat. 380 May 24, 1950 64 Stat. 1267  Section 1409f, act Dec. 20, 1944, ch. 615,  7 58 Stat. 829  Section 1409g, act Dec. 20, 1944, ch. 615,  8 58 Stat. 829  Section 1409h, act Dec. 20, 1944, ch. 615,  9 58 Stat. 829 May 24, 1950 64 Stat. 1267  Section 1409i, act Dec. 20, 1944, ch. 615,  10 58 Stat. 830 May 24, 1950 64 Stat. 1267  Section 1409j, act Dec. 20, 1944, ch. 615,  11 58 Stat. 830 May 24, 1950 64 Stat. 1267 Statutory Notes and Related Subsidiaries Estimates As Not Constituting Limitations Act July 31, 1953, ch. 298, title I,  1 67 Stat. 275 Similar provisions were contained in acts July 9, 1952, ch. 597 66 Stat. 459 Aug. 31, 1951, ch. 375 65 Stat. 264 SUBCHAPTER VI AGRICULTURAL PROGRAM  1409m to 1409o. Repealed. Pub. L. 97357, title III,  308(f) Oct. 19, 1982 96 Stat. 1710   Section 1409m, act Oct. 29, 1951, ch. 603,  1 65 Stat. 661  Section 1409n, act Oct. 29, 1951, ch. 603,  2 65 Stat. 662  Section 1409 o act Oct. 29, 1951, ch. 603,  3 65 Stat. 662 CHAPTER 8 GUANO ISLANDS    Sec.  1411. Guano districts; claim by United States.  1412. Notice of discovery of guano and proofs.  1413. Completion of proof on death of discoverer.  1414. Exclusive privileges of discoverer.  1415. Restrictions upon exportation.  1416. Regulation of trade.  1417. Criminal jurisdiction.  1418. Employment of land and naval forces in protection of rights.  1419. Right to abandon islands.  1411. Guano districts; claim by United States  Whenever any citizen of the United States discovers a deposit of guano on any island, rock, or key, not within the lawful jurisdiction of any other government, and not occupied by the citizens of any other government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States. (R.S.  5570.)  Editorial Notes Codification R.S.  5570 derived from act Aug. 18, 1856, ch. 164,  1 11 Stat. 119  1412. Notice of discovery of guano and proofs  The discoverer shall, as soon as practicable, give notice verified by affidavit, to the Department of State, of such discovery, occupation, and possession, describing the island, rock, or key, and the latitude and longitude thereof, as near as may be, and showing that such possession was taken in the name of the United States; and shall furnish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the taking possession and occupation thereof by the claimants, in the possession or occupation of any other government or of the citizens of any other government, before the same shall be considered as appertaining to the United States. (R.S.  5571.)  Editorial Notes Codification R.S.  5571 derived from act Aug. 18, 1856, ch. 164,  1 11 Stat. 119  1413. Completion of proof on death of discoverer  If the discoverer dies before perfecting proof of discovery or fully complying with the provisions of section 1412 of this title April 2, 1872 (R.S.  5572.)  Editorial Notes Codification R.S.  5572 derived from act Apr. 2, 1872, ch. 81,  1 17 Stat. 48  1414. Exclusive privileges of discoverer  The discoverer, or his assigns, being citizens of the United States, may be allowed, at the pleasure of Congress, the exclusive right of occupying such island, rocks, or keys, for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States, to be used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ships tackle, a sum not exceeding $8 per ton for the best quality, or $4 for every ton taken while in its native place of deposit. (R.S.  5573.)  Editorial Notes Codification R.S.  5573 derived from act Aug. 18, 1856, ch. 164,  2 11 Stat. 119  1415. Restrictions upon exportation  No guano shall be taken from any island, rock, or key mentioned in section 1411 of this title (R.S.  5574.)  Editorial Notes Codification R.S.  5574 derived from acts Aug. 18, 1856, ch. 164,  2 11 Stat. 119 July 28, 1866, ch. 298,  3 14 Stat. 328 Apr. 2, 1872, ch. 81,  1 17 Stat. 48 An additional provision of R.S.  5574 suspending this section for 5 years from and after July 14, 1872  1416. Regulation of trade  The introduction of guano from such islands, rocks, or keys shall be regulated as in the coasting trade between different parts of the United States, and the same laws shall govern the vessels concerned therein. (R.S.  5575.)  Editorial Notes Codification R.S.  5575 derived from act Aug. 18, 1856, ch. 164,  3 11 Stat. 120  1417. Criminal jurisdiction  All acts done, and offenses or crimes committed, on any island, rock, or key mentioned in section 1411 of this title (R.S.  5576.)  Editorial Notes Codification R.S.  5576 derived from act Aug. 18, 1856, ch. 164,  6 11 Stat. 120  1418. Employment of land and naval forces in protection of rights  The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or of his widow, heir, executor, administrator, or assigns. (R.S.  5577.)  Editorial Notes Codification R.S.  5577 derived from act Aug. 18, 1856, ch. 164,  5 11 Stat. 120  1419. Right to abandon islands  Nothing in this chapter contained shall be construed as obliging the United States to retain possession of the islands, rocks, or keys, after the guano shall have been removed from the same. (R.S.  5578.)  Editorial Notes Codification R.S.  5578 derived from act Aug. 18, 1856, ch. 164,  4 11 Stat. 120 CHAPTER 8A GUAM    SUBCHAPTER IGENERAL PROVISIONS  Sec.  1421. Territory included under name Guam.  1421a. Unincorporated territory; capital; powers of government; suits against government; type of government; supervision.  1421b. Bill of rights.  1421c. Certain laws continued in force; modification or repeal of laws.  1421d. Salaries and allowances of officers and employees.  1421e. Duty on articles.  1421f. Title to property transferred.  1421f1. Acknowledgement of deeds.  1421g. Establishment and maintenance of public bodies and offices.  1421h. Duties, taxes, and fees; proceeds collected to constitute fund for benefit of Guam; prerequisites, amount, etc., remitted prior to commencement of next fiscal year.  1421i. Income tax.  1421j. Authorization of appropriations.  1421k. Designation of naval or military reservations; closed port.  1421k1 1421m. Repealed.  1421n. Applicability of Federal copyright laws.  1421o. Federal assistance for fire control, watershed protection, and reforestation.  1421p. Authorization of appropriations.  1421q. Applicability of Federal laws.  1421q1. Applicability of laws referred to in section 502(a)(1) of Covenant to Establish a Commonwealth of the Northern Mariana Islands.  1421r. Port of Guam Improvement Enterprise Program.  SUBCHAPTER IITHE EXECUTIVE BRANCH  1422. Governor and Lieutenant Governor; term of office; qualifications; powers and duties; annual report to Congress.  1422a. Removal of Governor, Lieutenant Governor, or member of legislature; referendum election.  1422b. Vacancy in office of Governor or Lieutenant Governor.  1422c. Executive agencies and instrumentalities.  1422d. Transfer of functions from government comptroller for Guam to Inspector General, Department of the Interior.  SUBCHAPTER IIITHE LEGISLATURE  1423. Legislature of Guam.  1423a. Power of legislature; limitation on indebtedness of Guam; bond issues; guarantees for purchase by Federal Financing Bank of Guam Power Authority bonds or other obligations; interest rates; default.  1423b. Selection and qualification of members; officers; rules and regulations; quorum.  1423c. Privileges of members.  1423d. Oath of office.  1423e. Prohibition against acceptance of salary increases or newly created offices.  1423f. Qualifications of members.  1423g. Vacancies.  1423h. Regular and special sessions.  1423i. Approval of bills.  1423j. Authorization of appropriations.  1423k. Right of petition.  1423l. Omitted.  SUBCHAPTER IVTHE JUDICIARY  1424. District Court of Guam; local courts; jurisdiction.  14241. Jurisdiction and powers of local courts.  14242. Relations between courts of United States and courts of Guam.  14243. Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Ninth Circuit; rules; appeals to appellate court.  14244. Criminal offenses; procedure; definitions.  1424a. Repealed.  1424b. Judge of District Court; appointment, tenure, removal, and compensation; appointment of United States attorney and marshal.  1424c. Review of claims respecting land on Guam.  SUBCHAPTER VPUBLIC HOUSING AND URBAN RENEWAL  1425. Omitted.  1425a. Legislative authority to create authorities; appointment of members; powers of authorities.  1425b. Issuance of notes, bonds, and obligations.  1425c. Authorization of loans, conveyances, etc.  1425d. Ratification of prior act.  1425e. Additional powers.  1426. Repealed.  SUBCHAPTER VIGUAM DEVELOPMENT FUND  1428. Authorization of appropriations.  1428a. Submission of plan for use of funds; contents of plan; term, interest rate, and premium charge of loan.  1428b. Prerequisite for loan or loan guarantee; maximum participation in available funds; reserves for loan guarantees.  1428c. Accounting procedures.  1428d. Report for inclusion in annual report by Governor.  1428e. Audit of books and records of agency, or agencies, administering loan funds.   Statutory Notes and Related Subsidiaries  Constitutions for Virgin Islands and Guam: Establishment; Congressional Authorization  Authorization for the peoples of the Virgin Islands and Guam to call constitutional conventions to draft constitutions for local self-government, see Pub. L. 94584 Oct. 21, 1976 90 Stat. 2899 section 1541 of this title Delegate to Congress From Guam Provisions respecting representation in Congress by a Delegate from Guam to the House of Representatives, see section 1711 et seq. of this title. SUBCHAPTER I GENERAL PROVISIONS  1421. Territory included under name Guam  The territory ceded to the United States in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10, 1898 April 11, 1899 ( Aug. 1, 1950, ch. 512,  2 64 Stat. 384  Statutory Notes and Related Subsidiaries Effective Date; Continuation of Federal Administration Section 34 of act Aug. 1, 1950 Aug. 1, 1950 Aug. 1, 1950 Short Title of 2002 Amendment Pub. L. 107212,  1 Aug. 21, 2002 116 Stat. 1051 This Act [amending section 1421i of this title section 1421i of this title Short Title of 1998 Amendment Pub. L. 105291,  1 Oct. 27, 1998 112 Stat. 2785 This Act [amending sections 1421g, 1423a, and 1423b of this title] may be cited as the Guam Organic Act Amendments of 1998. Short Title of 1968 Amendments Pub. L. 90601,  1 Oct. 17, 1968 82 Stat. 1172 This Act [enacting sections 1428 to 1428e of this title] may be cited as the Guam Development Fund Act of 1968. Pub. L. 90497,  14 Sept. 11, 1968 82 Stat. 848 This Act [enacting section 1422d of this title section 335 of Title 10 section 1422 of this title Short Title Act Aug. 1, 1950, ch. 512,  1 64 Stat. 384 This Act [enacting this chapter and amending section 703 of Title 8 Political Union Between Territory of Guam and Commonwealth of Northern Mariana Islands, Effects on Rights and Entitlements In event of political union between Guam and the Commonwealth of the Northern Mariana Islands, there shall be no diminution of rights or entitlements, nor any adverse effects on any funds authorized or appropriated, see section 1844 of this title Analysis of Capital Infrastructure Needs of Guam for 1985 to 1990 Timeframe; Report to Congress; Contents Pub. L. 95348,  1(a)(6) Aug. 18, 1978 92 Stat. 487 July 1, 1979 Submerged Lands, Conveyance to Territory Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title. Executive Documents  Ex. Ord. No. 10077. Transfer of Administration of Guam Ex. Ord. No. 10077, eff. Sept. 7, 1949 June 30, 1950 1. The administration of the Island of Guam is hereby transferred from the Secretary of the Navy to the Secretary of the Interior, such transfer to become effective on August 1, 1950 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of the administration of the Island of Guam as embodied in the above mentioned memorandum of understanding between the two departments. 3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government on the Island of Guam. 4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order. 5. The said Executive Order No. 108A of December 23, 1898 July 1, 1950  1421a. Unincorporated territory; capital; powers of government; suits against government; type of government; supervision  Guam is declared to be an unincorporated territory of the United States and the capital and seat of government thereof shall be located at the city of Agana, Guam. The government of Guam shall have the powers set forth in this chapter, shall have power to sue by such name, and, with the consent of the legislature evidenced by enacted law, may be sued upon any contract entered into with respect to, or any tort committed incident to, the exercise by the government of Guam of any of its lawful powers. The government of Guam shall consist of three branches, executive, legislative, and judicial, and its relations with the Federal Government in all matters not the program responsibility of another Federal department or agency, shall be under the general administrative supervision of the Secretary of the Interior. ( Aug. 1, 1950, ch. 512,  3 64 Stat. 384 Pub. L. 86316 Sept. 21, 1959 73 Stat. 588 Pub. L. 90497,  12(a) Sept. 11, 1968 82 Stat. 847  Editorial Notes Amendments 1968 Pub. L. 90497 1959 Pub. L. 86316 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment by Pub. L. 90497 Nov. 3, 1970 Jan. 1, 1970 Jan. 4, 1971 section 13 of Pub. L. 90497 section 1422 of this title  1421b. Bill of rights (a) No law shall be enacted in Guam respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of their grievances. (b) No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. (c) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant for arrest or search shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. (d) No person shall be subject for the same offense to be twice put in jeopardy of punishment; nor shall he be compelled in any criminal case to be a witness against himself. (e) No person shall be deprived of life, liberty, or property without due process of law. (f) Private property shall not be taken for public use without just compensation. (g) In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation and to have a copy thereof; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (h) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (i) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in Guam. (j) No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted. (k) No person shall be imprisoned for debt. (l) The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion or imminent danger thereof, the public safety shall require it. (m) No qualification with respect to property, income, political opinion, or any other matter apart from citizenship, civil capacity, and residence shall be imposed upon any voter. (n) No discrimination shall be made in Guam against any person on account of race, language, or religion, nor shall the equal protection of the laws be denied. (o) No person shall be convicted of treason against the United States unless on the testimony of two witnesses to the same overt act, or on confession in open court. (p) No public money or property shall ever be appropriated, supplied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or association, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such. (q) The employment of children under the age of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is hereby prohibited. (r) There shall be compulsory education for all children, between the ages of six and sixteen years. (s) No religious test shall ever be required as a qualification to any office or public trust under the government of Guam. (t) No person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office of trust or profit under the government of Guam. (u) The following provisions of and amendments to the Constitution of the United States are hereby extended to Guam to the extent that they have not been previously extended to that territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments. All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of Guam which are inconsistent with the provisions of this subsection are repealed to the extent of such inconsistency. ( Aug. 1, 1950, ch. 512,  5 64 Stat. 385 Pub. L. 90497,  10 Sept. 11, 1968 82 Stat. 847  Editorial Notes Amendments 1968Subsec. (u). Pub. L. 90497 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90497,  10 Sept. 11, 1968 82 Stat. 847 Pub. L. 90497 Sept. 11, 1968  1421c. Certain laws continued in force; modification or repeal of laws (a) The laws of Guam in force on August 1, 1950 (b) Repealed. Pub. L. 90497,  7 Sept. 11, 1968 82 Stat. 847 ( Aug. 1, 1950, ch. 512,  25 64 Stat. 390 Pub. L. 90497,  7 Sept. 11, 1968 82 Stat. 847  Editorial Notes Amendments 1968Subsec. (b). Pub. L. 90497 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90497,  7 Sept. 11, 1968 82 Stat. 847 Pub. L. 90497 Sept. 11, 1968  1421d. Salaries and allowances of officers and employees  The salaries and travel allowances of the Governor, Lieutenant Governor, the heads of the executive departments, other officers and employees of the government of Guam, and the members of the legislature, shall be paid by the government of Guam at rates prescribed by the laws of Guam. ( Aug. 1, 1950, ch. 512,  26 64 Stat. 391 Aug. 1, 1956, ch. 852,  21 70 Stat. 911 Pub. L. 89100 July 30, 1965 79 Stat. 424 Pub. L. 90497,  9 Sept. 11, 1968 82 Stat. 847  Editorial Notes Amendments 1968Subsec. (c). Pub. L. 90497,  9(a) Pub. L. 90497,  9(b) 1965Subsec. (e). Pub. L. 89100 1956Subsec. (a). Act Aug. 1, 1956 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90497,  9(a) Sept. 11, 1968 82 Stat. 847 Pub. L. 90497 Sept. 11, 1968 Pub. L. 90497,  9(b) Sept. 11, 1968 82 Stat. 847 Jan. 4, 1971  1421e. Duty on articles  All articles coming into the United States from Guam shall be subject to or exempt from duty as provided for in section 1301a 1 1 ( Aug. 1, 1950, ch. 512,  27 64 Stat. 392 Sept. 1, 1954, ch. 1213 68 Stat. 1140  Editorial Notes  References in Text Section 1301a of title 19 Pub. L. 87456, title III,  301(a) May 24, 1962 76 Stat. 75 section 1202 of Title 19 Amendments 1954Act Sept. 1, 1954 section 1301a of title 19 Statutory Notes and Related Subsidiaries Effective Date of 1954 Amendment Act Sept. 1, 1954, ch. 1213, title VI,  601 68 Stat. 1141 Titles II, III, IV, and VI of this Act [enacting section 1301a of Title 19 Sept. 1, 1954  1421f. Title to property transferred (a) Property employed by naval government of Guam The title to all property, real and personal, owned by the United States and employed by the naval government of Guam in the administration of the civil affairs of the inhabitants of Guam, including automotive and other equipment, tools and machinery, water and sewerage facilities, bus lines and other utilities, hospitals, schools, and other buildings, shall be transferred to the government of Guam within ninety days after August 1, 1950 (b) Other property not reserved All other property, real and personal, owned by the United States in Guam, not reserved by the President of the United States within ninety days after August 1, 1950 (c) Secretary of the Interior; sale or lease All property owned by the United States in Guam, the title to which is not transferred to the government of Guam by subsection (a) hereof, or which is not placed under the control of the government of Guam by subsection (b) hereof, is transferred to the administrative supervision of the Secretary of the Interior, except as the President may from time to time otherwise prescribe: Provided ( Aug. 1, 1950, ch. 512,  28 64 Stat. 392 Pub. L. 90497,  12(b) Sept. 11, 1968 82 Stat. 848  Editorial Notes Amendments 1968Subsec. (c). Pub. L. 90497 section 1421a of this title Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment by Pub. L. 90497 Nov. 3, 1970 Jan. 1, 1970 Jan. 4, 1971 section 13 of Pub. L. 90497 section 1422 of this title Executive Documents  Ex. Ord. No. 10178. Reservation of Property in Guam for Use of United States Ex. Ord. No. 10178, eff. Oct. 30, 1950 NOW, THEREFORE, by virtue of the authority vested in me by the said section 28 of the Organic Act of Guam [this section] and as President of the United States, it is ordered as follows: 1. The following-described real and personal property of the United States in Guam is hereby reserved to the United States and placed under the control and jurisdiction of the Secretary of the Navy: Provided (a) All of that real property in Guam situated within the perimeter areas defined in the following-designated condemnation proceedings in the Superior Court of Guam, being the same property quitclaimed by the Naval Government of Guam to the United States of America by deed dated July 31, 1950 August 4, 1950     Condemnation proceedings Civil No. Perimeter area Facility  ................. Acres  248 4,566.757 North Field. 548 9.372 Mt. Santa Rosa Water Reservoir and Supply Lines. 648 5.990 Mt. Santa Rosa-Marbo Water Lines. 748 5.990 Tumon Maui Well Site. 249 4,803.000 Naval Ammunition Depot. 349 44.651 Primary Transmission Line. 449 12.169 Mt. Santa Rosa-Marbo Water Line Easement. 549 6,332.000 Apra Harbor Reservation. 250 6.450 Aceorp Tunnel. 350 35.391 Camp Dealy. 450 0.637 Tumon Bay Recreation Area Utility Lines. 550 24.914 Agana Springs. 650 41.360 Asan Point Tank Farm. 750 85.032 Asan Point Housing. 850 137.393 Medical Center. 950 45.630 Agafo Gumas. 1050 4,798.682 Naval Communication Station. 1150 11.726 Nimitz Beach. 1250 800.443 Command Center. 1350 4,901.100 Tarague Natural Wells. 1450 5.945 Agana Diesel Electric Generating plant. 1550 23.708 Mt. Santa Rosa Haul Road, Water Reservoir and Supply Lines, VHF Relay Station, Mt. Santa Rosa-Marbo Water Line. 1650 4,562.107 Northwest Air Force Base. 1850 60.480 Marbo Base Command AreaSewage Disposal. 1950 21.695 Loran Station, Cocos Island. 2050 15.322 Av-Gas Tank Farm 1B12. 2150 1,820.148 Proposed Boundary of NAS Agana, Housing Area 1B7. 2250 37.519 C. A. A. Site (Area 1B90.) 2350 3.575 Tumon Maui Well (Water Tunnel). 2450 49.277 Tumon Bay Recreation Area (Road and AV-Gas Fuel Line Parcel 1B1. 2550 0.208 Utility Easement from Rt. 1B1 to Rt. 1B6 Coontz Junction). 2650 65.300 Tumon Bay Recreation Area (Area 1B78). 2750 2,497.400 Marbo Base Command. 2850 0.918 Mt. Tenjo VHF Station Site. 2950 285.237 Sasa Valley Tank Farm (Area 1B78). 3050 17.793 Sub Transmission System Piti Steam Plant to Command Center. 3150 28.888 Route 1B1 (Marine Drive) (Portion). 3250 94.000 Sub Transmission System (34 KV Line) Piti Steam Plant to Agana Diesel Plant and POL System Sasa Valley Tank Farm to NAS Agana. 3350 953.000 Harmon Air Force Base. 3450 2,922.000 Radio Barrigada. 3550 25.000 AACS Radio Range (Area 1B30). 3650 37.000 Water Line Apra Heights Reservoir to Fena Pump Station and Av-Gas Fuel System. 3750 2,185.000 Fena River Reservoir. (b) The road system and utilities systems described in the said deed between the Naval Government of Guam and the United States of America dated July 31, 1950 (c) The following-described areas: Mount Lam Lam Light; Rear Range Light; Mount Aluton Light; Area Number 35 Culverts; Mount Santa Rosa Light; 36 acres of Camp Witek; Adelup Reservoir; Tripartite Seismograph Station Site, Land Unit M, Section 2, Land Square 20; the Power Sub-station located on Lot 266, Municipality of Agat adjacent to Erskine Drive, City of Agat. (d) Lots 22855 and 23061 in Barrigada. (e) All personal property relating to or used in connection with any of the above-described real property. 2. The following-described real property of the United States in Guam is hereby reserved to the United States and transferred to the administrative supervision of the Secretary of the Interior, and shall be available for disposition by the Secretary of the Interior in his discretion under section 28(c) of the said Organic Act of Guam [subsection (c) of this section]: All of those lands which have been selected by the Secretary of the Navy for transfer or sale pursuant to the act of November 15, 1945 59 Stat. 584 3. In addition to the personal property described in paragraph 1(e) hereof, there is hereby reserved to the United States all personal property of the United States in Guam, except that which is transferred to the government of Guam by or pursuant to section 28 (a) of the Organic Act of Guam, which on the date of this order is in the custody or control of the Department of the Army, the Department of the Navy, the Department of the Air Force, the Coast Guard, or any other department or agency of the United States; and all such personal property shall remain in the custody and control of the department or agency having custody and control thereof on the date of this order.  Harry S Truman.  1421f1. Acknowledgment of deeds  Deeds and other instruments affecting land situate in the District of Columbia or any Territory of the United States may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge appointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary public: Provided ( June 28, 1906, ch. 3585 34 Stat. 552  Editorial Notes  References in Text For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22 Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter. Section is also classified to section 1663 of this title Section was formerly classified to sections 1358 and 1432 of this title.  1421g. Establishment and maintenance of public bodies and offices (a) Public health services Subject to the laws of Guam, the Governor shall establish, maintain, and operate public-health services in Guam, including hospitals, dispensaries, and quarantine stations, at such places in Guam as may be necessary, and he shall promulgate quarantine and sanitary regulations for the protection of Guam against the importation and spread of disease. (b) Public educational system The Government of Guam shall provide an adequate public educational system of Guam, and to that end shall establish, maintain, and operate public schools according to the laws of Guam. (c) Office of Public Prosecutor; Office of Public Auditor The Government of Guam may by law establish an Office of Public Prosecutor and an Office of Public Auditor. The Public Prosecutor and Public Auditor may be removed as provided by the laws of Guam. (d) Attorney General (1) The Attorney General of Guam shall be the Chief Legal Officer of the Government of Guam. At such time as the Office of the Attorney General of Guam shall next become vacant, the Attorney General of Guam shall be appointed by the Governor of Guam with the advice and consent of the legislature, and shall serve at the pleasure of the Governor of Guam. (2) Instead of an appointed Attorney General, the legislature may, by law, provide for the election of the Attorney General of Guam by the qualified voters of Guam in general elections after 1998 in which the Governor of Guam is elected. The term of an elected Attorney General shall be 4 years. The Attorney General may be removed by the people of Guam according to the procedures specified in section 1422d of this title (A) by appointment by the Governor of Guam if such vacancy occurs less than 6 months before a general election for the Office of Attorney General of Guam; or (B) by a special election held no sooner than 3 months after such vacancy occurs and no later than 6 months before a general election for Attorney General of Guam, and by appointment by the Governor of Guam pending a special election under this subparagraph. ( Aug. 1, 1950, ch. 512,  29 64 Stat. 392 Pub. L. 99396 Aug. 27, 1986 100 Stat. 839 Pub. L. 105291,  2 Oct. 27, 1998 112 Stat. 2785  Editorial Notes Amendments 1998Subsec. (d). Pub. L. 105291 1986Subsec. (b). Pub. L. 99396,  13(a)(1) Pub. L. 99396,  5 Subsec. (c). Pub. L. 99396,  13(a)(2)  1421h. Duties, taxes, and fees; proceeds collected to constitute fund for benefit of Guam; prerequisites, amount, etc., remitted prior to commencement of next fiscal year  All customs duties and Federal income taxes derived from Guam, the proceeds of all taxes collected under the internal-revenue laws of the United States on articles produced in Guam and transported to the United States, its Territories, or possessions, or consumed in Guam, and the proceeds of any other taxes which may be levied by the Congress on the inhabitants of Guam (including, but not limited to, compensation paid to members of the Armed Forces and pensions paid to retired civilians and military employees of the United States, or their survivors, who are residents of, or who are domiciled in, Guam), and all quarantine, passport, immigration, and naturalization fees collected in Guam shall be covered into the treasury of Guam and held in account for the government of Guam, and shall be expended for the benefit and government of Guam in accordance with the annual budgets; except that nothing in this chapter shall be construed to apply to any tax imposed by chapter 2 or 21 of the Internal Revenue Code of 1986 [ 26 U.S.C. 1401 Public Law 94395 90 Stat. 1199 Public Law 88170 82 Stat. 863 ( Aug. 1, 1950, ch. 512,  30 64 Stat. 392 Pub. L. 86778, title I,  103(u) Sept. 13, 1960 74 Stat. 941 Pub. L. 95348,  1(c) Aug. 18, 1978 92 Stat. 488 Pub. L. 98454, title VI,  601(h) Oct. 5, 1984 98 Stat. 1736 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Editorial Notes  References in Text The internal-revenue laws of the United States, referred to in text, are classified generally to Title 26, Internal Revenue Code. Public Law 94395 90 Stat. 1199 Sept. 3, 1976 section 1423a of this title Public Law 88170 82 Stat. 863 Pub. L. 88170 Nov. 4, 1963 77 Stat. 302 Pub. L. 90511 Sept. 24, 1968 82 Stat. 863 Amendments 1986 Pub. L. 99514 1984 Pub. L. 98454 1978 Pub. L. 95348 1960 Pub. L. 86778  1421i. Income tax (a) Applicability of Federal laws; separate tax The income-tax laws in force in the United States of America and those which may hereafter be enacted shall be held to be likewise in force in Guam: Provided (b) Guam Territorial income tax The income-tax laws in force in Guam pursuant to subsection (a) of this section shall be deemed to impose a separate Territorial income tax, payable to the government of Guam, which tax is designated the Guam Territorial income tax. (c) Enforcement of tax The administration and enforcement of the Guam Territorial income tax shall be performed by or under the supervision of the Governor. Any function needful to the administration and enforcement of the income-tax laws in force in Guam pursuant to subsection (a) of this section shall be performed by any officer or employee of the government of Guam duly authorized by the Governor (either directly, or indirectly by one or more redelegations of authority) to perform such function. (d) Income-tax laws defined; administration and enforcement; rules and regulations (1) The income-tax laws in force in Guam pursuant to subsection (a) of this section include but are not limited to the following provisions of the Internal Revenue Code of 1986, where not manifestly inapplicable or incompatible with the intent of this section: Subtitle A [ 26 U.S.C. 1 26 U.S.C. 1401 26 U.S.C. 931 26 U.S.C. 3401 26 U.S.C. 6001 26 U.S.C. 7201 (2) The Governor or his delegate shall have the same administrative and enforcement powers and remedies with regard to the Guam Territorial income tax as the Secretary of the Treasury, and other United States officials of the executive branch, have with respect to the United States income tax. Needful rules and regulations not inconsistent with the regulations prescribed under section 7654(e) of the Internal Revenue Code of 1986 [ 26 U.S.C. 7654(e) (3) In applying as the Guam Territorial income tax the income-tax laws in force in Guam pursuant to subsection (a) of this section, the rate of tax under sections 871, 881, 884, 1441, 1442, 1443, 1445, and 1446 of the Internal Revenue Code of 1986 [ 26 U.S.C. 871 (e) Substitution of terms In applying as the Guam Territorial income tax the income-tax laws in force in Guam pursuant to subsection (a) of this section, except where it is manifestly otherwise required, the applicable provisions of the Internal Revenue Codes of 1986 and 1939, shall be read so as to substitute Guam for United States, Governor or his delegate for Secretary or his delegate, Governor or his delegate for Commissioner of Internal Revenue and Collector of Internal Revenue, District Court of Guam for district court and with other changes in nomenclature and other language, including the omission of inapplicable language, where necessary to effect the intent of this section. (f) Criminal offenses; prosecution Any act or failure to act with respect to the Guam Territorial income tax which constitutes a criminal offense under chapter 75 of subtitle F of the Internal Revenue Code of 1986 [ 26 U.S.C. 7201 (g) Liens The government of Guam shall have a lien with respect to the Guam Territorial income tax in the same manner and with the same effect, and subject to the same conditions, as the United States has a lien with respect to the United States income tax. Such lien in respect of the Guam Territorial income tax shall be enforceable in the name of and by the government of Guam. Where filing of a notice of lien is prescribed by the income-tax laws in force in Guam pursuant to subsection (a) of this section, such notice shall be filed in the Office of the Clerk of the District Court of Guam. (h) Jurisdiction of District Court; suits for recovery or collection of taxes; payment of judgment (1) Notwithstanding any provision of section 1424 of this title (2) Suits for the recovery of any Guam Territorial income tax alleged to have been erroneously or illegally assessed or collected, or of any penalty claimed to have been collected without authority, or of any sum alleged to have been excessive or in any manner wrongfully collected, under the income-tax laws in force in Guam, pursuant to subsection (a) of this section, may, regardless of the amount of claim, be maintained against the government of Guam subject to the same statutory requirements as are applicable to suits for the recovery of such amounts maintained against the United States in the United States district courts with respect to the United States income tax. When any judgment against the government of Guam under this paragraph has become final, the Governor shall order the payment of such judgments out of any unencumbered funds in the treasury of Guam. (3) Execution shall not issue against the Governor or any officer or employee of the government of Guam on a final judgment in any proceeding against him for any acts or for the recovery of money exacted by or paid to him and subsequently paid into the treasury of Guam, in performing his official duties under the income-tax laws in force in Guam pursuant to subsection (a) of this section, if the court certifies that (A) probable cause existed; or (B) such officer or employee acted under the directions of the Governor or his delegate. When such certificate has been issued, the Governor shall order the payment of such judgment out of any unencumbered funds in the treasury of Guam. (4) A civil action for the collection of the Guam Territorial income tax, together with fines, penalties, and forfeitures, or for the recovery of any erroneous refund of such tax, may be brought in the name of and by the government of Guam in the District Court of Guam or in any district court of the United States or in any court having the jurisdiction of a district court of the United States. (5) The jurisdiction conferred upon the District Court of Guam by this subsection shall not be subject to transfer to any other court by the legislature, notwithstanding section 1424(a) of this title ( Aug. 1, 1950, ch. 512,  31 64 Stat. 392 Pub. L. 85688,  1 Aug. 20, 1958 72 Stat. 681 Pub. L. 92606,  1(d) Oct. 31, 1972 86 Stat. 1497 Pub. L. 95134, title II,  203(c) Oct. 15, 1977 91 Stat. 1162 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 107212,  2(a) Aug. 21, 2002 116 Stat. 1051  Editorial Notes  References in Text The Internal Revenue Code of 1986, referred to in subsecs. (d) to (f), is classified generally to Title 26, Internal Revenue Code. The Internal Revenue Code of 1939, referred to in subsecs. (d)(1), (e), and (f), was generally repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 section 1 of Title 26 section 7852(b) of Title 26 Subtitle A (not including chapter 2 and section 931) and chapters 24 and 25 of subtitle C, referred to in subsec. (d)(1), and subtitle F and chapter 75, referred to in subsecs. (d)(1) and (f), mean subtitle A ( 1 et seq.), chapter 2 ( 1401 et seq.) of subtitle A, chapters 24 ( 3401 et seq.) and 25 ( 3501 et seq.) of subtitle C, subtitle F ( 6001 et seq.) and chapter 75 ( 7201 et seq.) of subtitle F, respectively, of Title 26. Amendments 2002Subsec. (d)(3). Pub. L. 107212 1986Subsecs. (d) to (f). Pub. L. 99514 1977Subsec. (a). Pub. L. 95134 1972Subsec. (d)(2). Pub. L. 92606 1958Subsec. (a). Pub. L. 85688 Subsecs. (b) to (h). Pub. L. 85688 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Pub. L. 107212,  2(b) Aug. 21, 2002 116 Stat. 1051 The amendment made by subsection (a) [amending this section] shall apply to amounts paid after the date of the enactment of the Act [ Aug. 21, 2002 Effective Date of 1972 Amendment Amendment by Pub. L. 92606 Dec. 31, 1972 section 2 of Pub. L. 92606 section 931 of Title 26 Effective Date Section became effective Jan. 1, 1951 Feb. 6, 1951 Authority of Guam, American Samoa, and the Northern Mariana Islands To Enact Revenue Laws See section 1271 of Pub. L. 99514 section 931 of Title 26 Ratification of Assessments and Collections Made Before August 20, 1958 Pub. L. 85688,  2 Aug. 20, 1958 72 Stat. 683 Aug. 20, 1958  1421j. Authorization of appropriations  There are authorized to be appropriated annually by the Congress of the United States such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter. ( Aug. 1, 1950, ch. 512,  32 64 Stat. 392  Statutory Notes and Related Subsidiaries Elimination of General Fund Deficits of Guam and Virgin Islands For authorization of appropriations for assistance to the governments of Guam and the Virgin Islands in elimination of general fund deficits, see Pub. L. 96597, title VI,  607 Dec. 24, 1980 94 Stat. 3483 section 1641 of this title  1421k. Designation of naval or military reservations; closed port  Nothing contained in this chapter shall be construed as limiting the authority of the President to designate parts of Guam as naval or military reservations, nor to restrict his authority to treat Guam as a closed port with respect to the vessels and aircraft of foreign nations. ( Aug. 1, 1950, ch. 512,  33 64 Stat. 393  Statutory Notes and Related Subsidiaries Submerged Lands, Conveyance to Territory Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title.  1421k1. Repealed. Pub. L. 104186, title II,  224(2) Aug. 20, 1996 110 Stat. 1752   Section, act Aug. 1, 1950, ch. 512,  35 May 27, 1975 Pub. L. 9426,  1 89 Stat. 94  1421l. Repealed. June 27, 1952, ch. 477,  403(a)(42) 66 Stat. 280   Section, act Oct. 14, 1940, ch. 876,  206 Aug. 1, 1950, ch. 512,  4(a) 64 Stat. 384 Apr. 11, 1899  1421m. Repealed. Pub. L. 91513, title III,  1101(a)(8) Oct. 27, 1970 84 Stat. 1292   Section, act Aug. 1, 1956, ch. 852,  15 70 Stat. 910 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective on first day of seventh calendar month that begins after Oct. 26, 1970 section 1105(a) of Pub. L. 91513 section 951 of Title 21 Savings Provision Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunction proceedings commenced, prior to the effective date of repeal of this section by section 1101 of Pub. L. 91513 section 1103 of Pub. L. 91513 section 171 of Title 21  1421n. Applicability of Federal copyright laws  The laws of the United States relating to copyrights, and to the enforcement of rights arising thereunder, shall have the same force and effect in Guam as in the continental United States. ( Aug. 1, 1956, ch. 852,  24 70 Stat. 911  Editorial Notes  References in Text The laws of the United States relating to copyrights, referred to in text, are classified generally to Title 17, Copyrights. Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1421o. Federal assistance for fire control, watershed protection, and reforestation  The Secretary of Agriculture is authorized to provide financial and technical assistance to Guam for improving fire control, watershed protection and reforestation, consistent with existing laws, administered by the Secretary of Agriculture, which are applicable to the continental United States. The program authorized by this section shall be developed in cooperation with the territorial government of Guam and shall be covered by a memorandum of understanding agreed to by the territorial government and the Department. The Secretary may also utilize the agencies, facilities, and employees of the Department, and may cooperate with other public agencies and with private organizations and individuals in Guam and elsewhere. ( Pub. L. 93421,  1 Sept. 19, 1974 88 Stat. 1154  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1421p. Authorization of appropriations  There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of section 1421 o o ( Pub. L. 93421,  2 Sept. 19, 1974 88 Stat. 1154  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1421q. Applicability of Federal laws  The laws of the United States which are made applicable to the Northern Mariana Islands by the provisions of section 502(a)(1) of H.J. Res. 549, 1 1 42 U.S.C. 428 42 U.S.C. 1381 ( Pub. L. 94255,  2 Apr. 1, 1976 90 Stat. 300  Editorial Notes  References in Text Section 502(a)(1) of H.J. Res. 549, referred to in text, probably means section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94241 section 1801 of this title The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 The Micronesia Claims Act, referred to in text, probably means the Micronesian Claims Act of 1971, Pub. L. 9239 July 1, 1971 85 Stat. 92 Aug. 3, 1976 Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter. Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1421q1. Applicability of laws referred to in section 502(a)(1) of Covenant to Establish a Commonwealth of the Northern Mariana Islands  Effective on the date when section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, approved by joint resolution approved on March 24, 1976 90 Stat. 263 85 Stat. 96 ( Pub. L. 95134, title IV,  403 Oct. 15, 1977 91 Stat. 1163 Pub. L. 95135,  1 Oct. 15, 1977 91 Stat. 1166 Pub. L. 108173, title IX,  900(e)(7) Dec. 8, 2003 117 Stat. 2374  Editorial Notes  References in Text The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, referred to in text, is contained in section 1 of Pub. L. 94241 section 1801 of this title Jan. 9, 1978 section 1801 of this title The joint resolution approved on March 24, 1976 Pub. L. 94241 Mar. 24, 1976 90 Stat. 263 The Micronesian Claims Act of 1971, referred to in text, is Pub. L. 9239 July 1, 1971 85 Stat. 92 Aug. 3, 1976 Codification Section is also classified to section 15741 of this title Section was not enacted as part of the Organic Act of Guam which comprises this chapter. Section was formerly set out as a note under section 1681 of this title Amendments 2003 Pub. L. 108173 1977 Pub. L. 95135 October 15, 1977 85 Stat. 96 March 24, 1976 90 Stat. 263 Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Pub. L. 95135,  2 Oct. 15, 1977 91 Stat. 1166 This amendatory joint resolution [amending this section] shall be effective as of the approval of said Act entitled To authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes (enrolled bill H.R. 6550, Ninety-fifth Congress, first session) [ Pub. L. 95134 Oct. 15, 1977  1421r. Port of Guam Improvement Enterprise Program (a) In general The Secretary of Transportation, acting through the Administrator of the Maritime Administration (in this section referred to as the Administrator), may establish a Port of Guam Improvement Enterprise Program (in this section referred to as the Program) to provide for the planning, design, and construction of projects for the Port of Guam to improve facilities, relieve port congestion, and provide greater access to port facilities. (b) Authorities of the Administrator In carrying out the Program, the Administrator may (1) receive funds provided for the Program from Federal and non-Federal entities, including private entities; (2) provide for coordination among appropriate governmental agencies to expedite the review process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3) provide for coordination among appropriate governmental agencies in connection with other reviews and requirements applicable to projects carried out under the Program; and (4) provide technical assistance to the Port Authority of Guam (and its agents) as needed for projects carried out under the Program. (c) Port of Guam Improvement Enterprise Fund (1) Establishment There is established in the Treasury of the United States a separate account to be known as the Port of Guam Improvement Enterprise Fund (in this section referred to as the Fund). (2) Deposits There shall be deposited into the Fund (A) amounts received by the Administrator from Federal and non-Federal sources under subsection (b)(1); (B) amounts transferred to the Administrator under subsection (d); and (C) amounts appropriated to carry out this section under subsection (f). (3) Use of amounts Amounts in the Fund shall be available to the Administrator to carry out the Program. (4) Administrative expenses Not to exceed 3 percent of the amounts appropriated to the Fund for a fiscal year may be used for administrative expenses of the Administrator. (5) Availability of amounts Amounts in the Fund shall remain available until expended. (d) Transfers of amounts Amounts appropriated or otherwise made available for any fiscal year for an intermodal or marine facility comprising a component of the Program shall be transferred to and administered by the Administrator. (e) Limitation Nothing in this section shall be construed to authorize amounts made available under section 165 of title 23 (f) Authorization of appropriations There are authorized to be appropriated to the Fund such sums as may be necessary to carry out this section. ( Pub. L. 110417, div. C, title XXXV,  3512 Oct. 14, 2008 122 Stat. 4770 Pub. L. 111383, div. A, title X,  1075(e)(20) Jan. 7, 2011 124 Stat. 4375 Pub. L. 112141, div. A, title I,  1114(b)(2)(C) July 6, 2012 126 Stat. 468  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (b)(2), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Codification Section was enacted as part of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 and not as part of the Organic Act of Guam which comprises this chapter. Amendments 2012Subsec. (e). Pub. L. 112141 2011Subsec. (f). Pub. L. 111383 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of Title 23 SUBCHAPTER II THE EXECUTIVE BRANCH  1422. Governor and Lieutenant Governor; term of office; qualifications; powers and duties; annual report to Congress  The executive power of Guam shall be vested in an executive officer whose official title shall be the Governor of Guam. The Governor of Guam, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of Guam. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices. If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a runoff election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieutenant Governor shall be held on November 3, 1970 No person who has been elected Governor for two full successive terms shall again be eligible to hold that office until one full term has intervened. The term of the elected Governor and Lieutenant Governor shall commence on the first Monday of January following the date of election. No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is an eligible voter and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of Guam and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official residence in Guam during his incumbency. The Governor shall have general supervision and control of all the departments, bureaus, agencies, and other instrumentalities of the executive branch of the government of Guam. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as provided in this chapter. He shall appoint, and may remove, all officers and employees of the executive branch of the government of Guam, except as otherwise provided in this or any other Act of Congress, or under the laws of Guam, and shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of Guam and the laws of the United States applicable in Guam. Whenever it becomes necessary, in case of disaster, invasion, insurrection, or rebellion, or imminent danger thereof, or to prevent or suppress lawless violence, he may summon the posse comitatus or call out the militia or request assistance of the senior military or naval commander of the Armed Forces of the United States in Guam, which may be given at the discretion of such commander if not disruptive of, or inconsistent with, his Federal responsibilities. He may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, proclaim the island, insofar as it is under the jurisdiction of the government of Guam, to be under martial law. The members of the legislature shall meet forthwith on their own initiative and may, by a two-thirds vote, revoke such proclamation. The Governor shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall have the power to issue executive orders and regulations not in conflict with any applicable law. He may recommend bills to the legislature and give expression to his views on any matter before that body. There is hereby established the office of Lieutenant Governor of Guam. The Lieutenant Governor shall have such executive powers and perform such duties as may be assigned to him by the Governor or prescribed by this chapter or under the laws of Guam. ( Aug. 1, 1950, ch. 512,  6 64 Stat. 386 Pub. L. 90497,  1 Sept. 11, 1968 82 Stat. 842 Pub. L. 97357, title I,  104(a) Oct. 19, 1982 96 Stat. 1705 Pub. L. 105362, title IX,  901(m) Nov. 10, 1998 112 Stat. 3290  Editorial Notes Amendments 1998 Pub. L. 105362 1982 Pub. L. 97357 1968 Pub. L. 90497 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90497,  13 Sept. 11, 1968 82 Stat. 848 Those provisions necessary to authorize the holding of an election for Governor and Lieutenant Governor on November 3, 1970 January 1, 1970 section 1421 of this title January 4, 1971 Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Submerged Lands, Conveyance to Territory Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title.  1422a. Removal of Governor, Lieutenant Governor, or member of legislature; referendum election (a) The people of Guam shall have the right of initiative and referendum, to be exercised under conditions and procedures specified in the laws of Guam. (b) Any Governor, Lieutenant Governor, or member of the legislature of Guam may be removed from office by a referendum election in which at least two-thirds of the number of persons voting for such official in the last preceding general election at which such official was elected vote in favor of recall and in which those so voting constitute a majority of all those participating in such referendum election. The referendum election shall be initiated by the legislature of Guam following (a) a two-thirds vote of the members of the legislature in favor of a referendum, or (b) petition for such a referendum to the legislature by registered voters equal in number to at least 50 per centum of the whole number of votes cast at the last general election at which such official was elected preceding the filing of the petition. ( Aug. 1, 1950, ch. 512,  7 64 Stat. 387 Pub. L. 90497,  2 Sept. 11, 1968 82 Stat. 844 Pub. L. 97357, title I,  101 Oct. 19, 1982 96 Stat. 1705  Editorial Notes Amendments 1982Subsec. (a). Pub. L. 97357 Subsec. (b). Pub. L. 97357 1968 Pub. L. 90497 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment by Pub. L. 90497 Nov. 3, 1970 Jan. 1, 1970 Jan. 4, 1971 section 13 of Pub. L. 90497 section 1422 of this title  1422b. Vacancy in office of Governor or Lieutenant Governor (a) Temporary disability or temporary absence of Governor In case of the temporary disability or temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor. (b) Permanent vacancy in office of Governor In case of a permanent vacancy in the office of Governor, arising by reason of the death, resignation, removal by recall, or permanent disability of the Governor, or the death, resignation, or permanent disability of a Governor-elect, or for any other reason, the Lieutenant Governor or Lieutenant Governor-elect shall become the Governor, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Governor. (c) Temporary disability or temporary absence of Lieutenant Governor In case of the temporary disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant Governor is acting as Governor, the speaker of the Guam Legislature shall act as Lieutenant Governor. (d) Permanent vacancy in office of Lieutenant Governor In case of a permanent vacancy in the office of Lieutenant Governor, arising by reason of the death, resignation, or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governor-elect has succeeded to the office of Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the legislature, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor. (e) Temporary disability or temporary absence of both Governor and Lieutenant Governor In case of the temporary disability or temporary absence of both the Governor and the Lieutenant Governor, the powers of the Governor shall be exercised, as Acting Governor, by such person as the laws of Guam may prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the office of Governor shall be filled for the unexpired term in the manner prescribed by the laws of Guam. (f) Additional compensation No additional compensation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the office of Governor or Lieutenant Governor under the provisions of this chapter. ( Aug. 1, 1950, ch. 512,  8 64 Stat. 387 Pub. L. 87419,  1 Mar. 16, 1962 76 Stat. 34 Pub. L. 90497,  3 Sept. 11, 1968 82 Stat. 844  Editorial Notes Amendments 1968 Pub. L. 90497 1962 Pub. L. 87419 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment by Pub. L. 90497 Nov. 3, 1970 Jan. 1, 1970 Jan. 4, 1971 section 13 of Pub. L. 90497 section 1422 of this title  1422c. Executive agencies and instrumentalities (a) Appointment of heads; establishment of merit system; Civil Service Commission The Governor shall, except as otherwise provided in this chapter or the laws of Guam, appoint, by and with the advice and consent of the legislature, all heads of executive agencies and instrumentalities. The legislature shall establish a merit system and, as far as practicable, appointments and promotions shall be made in accordance with such merit system. The Government of Guam may by law establish a Civil Service Commission to administer the merit system. Members of the commission may be removed as provided by the laws of Guam. (b) Powers and duties of officers All officers shall have such powers and duties as may be conferred or imposed on them by law or by executive regulation of the Governor not inconsistent with any law. (c) Reorganization The Governor shall, from time to time, examine the organization of the executive branch of the government of Guam, and shall determine and carry out such changes therein as are necessary to promote effective management and to execute faithfully the purposes of this chapter and the laws of Guam. (d) Continuation in office of incumbents All persons holding office in Guam on August 1, 1950 ( Aug. 1, 1950, ch. 512,  9 64 Stat. 387 Pub. L. 90497,  4 Sept. 11, 1968 82 Stat. 845 Pub. L. 99396,  18(a) Aug. 27, 1986 100 Stat. 843  Editorial Notes Amendments 1986Subsec. (a). Pub. L. 99396 1968Subsec. (a). Pub. L. 90497,  4(a) Subsec. (b). Pub. L. 90497,  4(b) Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L 90497,  4(a), Sept. 11, 1968 82 Stat. 845 Pub. L. 90497 Sept. 11, 1968 Amendment by Pub. L. 90497 Nov. 3, 1970 Jan. 1, 1970 Jan. 4, 1971 section 13 of Pub. L. 90497 section 1422 of this title  1422d. Transfer of functions from government comptroller for Guam to Inspector General, Department of the Interior (a) Functions, powers, and duties transferred The following functions, powers, and duties heretofore vested in the government comptroller for Guam are hereby transferred to the Inspector General, Department of the Interior, for the purpose of establishing an organization which will maintain a satisfactory level of independent audit oversight of the government of Guam: (1) The authority to audit all accounts pertaining to the revenue and receipts of the government of Guam, and of funds derived from bond issues, and the authority to audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the government of Guam including those pertaining to trust funds held by the government of Guam. (2) The authority to report to the Secretary of the Interior and the Governor of Guam all failures to collect amounts due the government, and expenditures of funds or uses of property which are irregular or not pursuant to law. (b) Scope of authority transferred The authority granted in paragraph (a) shall extend to all activities of the government of Guam, and shall be in addition to the authority conferred upon the Inspector General by chapter 4 of title 5. (c) Transfer of personnel, assets, etc., of office of government comptroller for Guam to Office of Inspector General, Department of the Interior In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for Guam related to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior. ( Aug. 1, 1950, ch. 512,  9 Pub. L. 97357, title I,  104(b) Oct. 19, 1982 96 Stat. 1706 Pub. L. 117286,  4(b)(91) Dec. 27, 2022 136 Stat. 4352  Editorial Notes Prior Provisions A prior section 1422d, act Aug. 1, 1950, ch. 512,  9 Sept. 11, 1968 Pub. L. 90497,  5 82 Stat. 845 Oct. 15, 1977 Pub. L. 95134, title II,  203(a) 91 Stat. 1161 Pub. L. 97357,  104(b) Amendments 2022Subsec. (b). Pub. L. 117286 92 Stat. 1101 SUBCHAPTER III THE LEGISLATURE  1423. Legislature of Guam (a) Unicameral nature; power The legislative power and authority of Guam shall be vested in a legislature, consisting of a single house, to be designated the Legislature of Guam, herein referred to as the legislature. (b) Size of legislature; prohibition against denial of equal protection; at large and district representation The legislature shall be composed of not to exceed twenty-one members, to be known as senators, elected at large, or elected from legislative districts or elected in part at large and in part from legislative districts, as the laws of Guam may direct: Provided And provided further (c) Reapportionment; Federal census base Any districting and related apportionment pursuant to this section shall be based upon the then most recent Federal population census of Guam, and any such districting and apportionment shall be reexamined following each successive Federal population census of Guam and shall be modified, if necessary, to be consistent with that census. (d) Timing of biennial elections General elections to the legislature shall be held on the Tuesday next after the first Monday in November, biennially in even-numbered years. The legislature in all respects shall be organized and shall sit according to the laws of Guam. ( Aug. 1, 1950, ch. 512,  10 64 Stat. 387 Pub. L. 89552,  1 Sept. 2, 1966 80 Stat. 375 Pub. L. 98213,  5(b) Dec. 8, 1983 97 Stat. 1460  Editorial Notes Amendments 1983Subsec. (c). Pub. L. 98213 Provided 1966 Pub. L. 89552 Statutory Notes and Related Subsidiaries Amendment of Laws of Guam To Conform to Changes Made by Pub. L. 89552 Pub. L. 89552,  2 Sept. 2, 1966 80 Stat. 376 As soon as practicable after enactment of this Act [ Sept. 2, 1966  1423a. Power of legislature; limitation on indebtedness of Guam; bond issues; guarantees for purchase by Federal Financing Bank of Guam Power Authority bonds or other obligations; interest rates; default The legislative power of Guam shall extend to all rightful subjects of legislation not inconsistent with the provisions of this chapter and the laws of the United States applicable to Guam. Taxes and assessments on property, internal revenues, sales, license fees, and royalties for franchises, privileges, and concessions may be imposed for purposes of the government of Guam as may be uniformly provided by the Legislature of Guam, and when necessary to anticipate taxes and revenues, bonds and other obligations may be issued by the government of Guam: Provided, however December 31, 1978 June 1, 1976 December 31, 1980 December 31, 1980 December 31, 1990 section 2285 of title 12 December 31, 1984 (a) substantially equal semiannual installments of principal and interest; (b) maturity of obligations no later than December 31, 2004 (c) authority for the Secretary, should there be a violation of a provision of this legislation, or covenants or stipulations contained in the refinancing document and after giving sixty days notice of such violation to the Guam Power Authority and the Governor of Guam, to dismiss members of the Board of Directors or the general manager of the Guam Power Authority, and (1) appoint in their place members or a general manager who shall serve at the pleasure of the Secretary, or (2) contract for the management of the Guam Power Authority; and (d) an annual simple interest rate of seven per centum; and the Federal Financing Bank shall purchase such Guam Power Authority obligations if such Guam Power Authority obligations are issued to refinance the principal amount scheduled to mature on December 31, 1990 December 31, 1980 section 2285 of title 12 section 1421h of this title section 3713(a) of title 31 ( Aug. 1, 1950, ch. 512,  11 64 Stat. 387 Pub. L. 94395 Sept. 3, 1976 90 Stat. 1199 Pub. L. 96205, title III,  303 Mar. 12, 1980 94 Stat. 88 Pub. L. 98454, title II,  203 Oct. 5, 1984 98 Stat. 1733 Pub. L. 105291,  4 Oct. 27, 1998 112 Stat. 2786  Editorial Notes Codification  Section 3713(a) of title 31 31 U.S.C. 191 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Amendments 1998 Pub. L. 105291 1984 Pub. L. 98454 December 31, 1990 1980 Pub. L. 96205 Dec. 31, 1980 Dec. 31, 1980 1976 Pub. L. 94395 Dec. 31, 1978  1423b. Selection and qualification of members; officers; rules and regulations; quorum  The legislature shall be the judge of the selection and qualification of its own members. It shall choose from its members its own officers, determine its rules and procedure, not inconsistent with this chapter, and keep a journal. The quorum of the legislature shall consist of a simple majority of its members. No bill shall become a law unless it shall have been passed at a meeting, at which a quorum was present, by the affirmative vote of a majority of the members present and voting, which vote shall be by yeas and nays. ( Aug. 1, 1950, ch. 512,  12 64 Stat. 388 Pub. L. 90497,  6(b) Sept. 11, 1968 82 Stat. 846 Pub. L. 105291,  3 Oct. 27, 1998 112 Stat. 2785  Editorial Notes Amendments 1998 Pub. L. 105291 1968 Pub. L. 90497 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90497,  6(b) Sept. 11, 1968 82 Stat. 846 Pub. L. 90497 Sept. 11, 1968  1423c. Privileges of members (a) The members of the legislature shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the legislature and in going to and returning from the same. (b) No member of the legislature shall be held to answer before any tribunal other than the legislature itself for any speech or debate in the legislature. ( Aug. 1, 1950, ch. 512,  13 64 Stat. 388  1423d. Oath of office  Every member of the legislature and all officers of the government of Guam shall take the following oath or affirmation: I solemnly swear (or affirm) in the presence of Almighty God that I will well and faithfully support the Constitution of the United States, the laws of the United States applicable to Guam and the laws of Guam, and that I will conscientiously and impartially discharge my duties as a member of the Guam Legislature (or as an officer of the government of Guam). ( Aug. 1, 1950, ch. 512,  14 64 Stat. 388  1423e. Prohibition against acceptance of salary increases or newly created offices  No member of the legislature shall, during the term for which he was elected or during the year following the expiration of such term, be appointed to any office which has been created, or the salary or emoluments of which have been increased during such term. ( Aug. 1, 1950, ch. 512,  15 64 Stat. 388  1423f. Qualifications of members  No person shall sit in the legislature who is not a citizen of the United States, who has not attained the age of twenty-five years and who has not been domiciled in Guam for at least five years immediately preceding the sitting of the legislature in which he seeks to qualify as a member, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights. ( Aug. 1, 1950, ch. 512,  16 64 Stat. 388  1423g. Vacancies  Vacancies occurring in the legislature shall be filled as the legislature shall provide, except that no person filling a vacancy shall hold office longer than for the remainder of the term for which his predecessor was elected. ( Aug. 1, 1950, ch. 512,  17 64 Stat. 388  1423h. Regular and special sessions  Regular sessions of the legislature shall be held annually, commencing on the second Monday in January (unless the legislature shall by law fix a different date), and shall continue for such term as the legislature may provide. The Governor may call special sessions of the legislature at any time when, in his opinion, the public interest may require it. No legislation shall be considered at any special session other than that specified in the call therefor or in any special message by the Governor to the legislature while in such session. All sessions of the legislature shall be open to the public. ( Aug. 1, 1950, ch. 512,  18 64 Stat. 388 Pub. L. 90497,  6(a) Sept. 11, 1968 82 Stat. 846  Editorial Notes Amendments 1968 Pub. L. 90497 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90497,  6(a) Sept. 11, 1968 82 Stat. 846 Pub. L. 90497 Sept. 11, 1968  1423i. Approval of bills  Every bill passed by the legislature shall, before it becomes a law, be entered upon the journal and presented to the Governor. If he approves it, he shall sign it, but if not he shall, except as hereinafter provided, return it, with his objections, to the legislature within ten days (Sundays excepted) after it shall have been presented to him. If he does not return it within such period, it shall be a law in like manner as if he had signed it, unless the legislature by adjournment prevents its return, in which case it shall be a law if signed by the Governor within thirty days after it shall have been presented to him; otherwise it shall not be a law. When a bill is returned by the Governor to the legislature with his objections, the legislature shall enter his objections at large on its journal and, upon motion of a member of the legislature, proceed to reconsider the bill. If, after such reconsideration, two-thirds of all the members of the legislature pass the bill, it shall be a law. If any bill presented to the Governor contains several items of appropriation of money, he may object to one or more of such items, or any part or parts, portion or portions thereof, while approving the other items, parts, or portions of the bill. In such a case he shall append to the bill at the time of signing it, a statement of the items, or parts or portions thereof, to which he objects, and the items, or parts or portions thereof, so objected to shall not take effect. All laws enacted by the legislature shall be reported by the Governor to the head of the department or agency designated by the President under section 1421a of this title ( Aug. 1, 1950, ch. 512,  19 64 Stat. 389 Pub. L. 90497,  8 Sept. 11, 1968 82 Stat. 847 Pub. L. 93608,  1(14) Jan. 2, 1975 88 Stat. 1969  Editorial Notes Amendments 1975 Pub. L. 93608 1968 Pub. L. 90497,  8(a) Pub. L. 90497,  8(b) Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90497,  8(b) Sept. 11, 1968 82 Stat. 847 Pub. L. 90497 Sept. 11, 1968 Amendment by Pub. L. 90497 Nov. 3, 1970 Jan. 1, 1970 Jan. 4, 1971 section 13 of Pub. L. 90497 section 1422 of this title  1423j. Authorization of appropriations (a) Appropriations, except as otherwise provided in this chapter, and except such appropriations as shall be made from time to time by the Congress of the United States, shall be made by the legislature. (b) If at the termination of any fiscal year the legislature shall have failed to pass appropriation bills providing for payments of the necessary current expenses of the government and meeting its legal obligations for the ensuing fiscal year, then the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may be applicable, shall be deemed to be reappropriated, item by item. (c) All appropriations made prior to August 1, 1950 ( Aug. 1, 1950, ch. 512,  20 64 Stat. 389  1423k. Right of petition  The legislature or any person or group of persons in Guam shall have the unrestricted right of petition. It shall be the duty of all officers of the government to receive and without delay to act upon or forward, as the case may require, any such petition. ( Aug. 1, 1950, ch. 512,  21 64 Stat. 389  1423l. Omitted  Editorial Notes Codification Section, act Oct. 5, 1992 Pub. L. 102381, title I 106 Stat. 1392 section 1469e of this title Nov. 13, 1991 Pub. L. 102154, title I 105 Stat. 1007 Nov. 5, 1990 Pub. L. 101512, title I 104 Stat. 1932 Oct. 23, 1989 Pub. L. 101121, title I 103 Stat. 716 Sept. 27, 1988 Pub. L. 100446, title I 102 Stat. 1797 Dec. 22, 1987 Pub. L. 100202,  101(g) [title I] 101 Stat. 1329213 Oct. 18, 1986 Pub. L. 99500,  101(h) [title I] 100 Stat. 1783242 Oct. 30, 1986 Pub. L. 99591,  101(h) [title I] 100 Stat. 3341242 Dec. 19, 1985 Pub. L. 99190,  101(d) [title I] 99 Stat. 1224 Oct. 12, 1984 Pub. L. 98473, title I,  101(c) [title I] 98 Stat. 1837 Nov. 4, 1983 Pub. L. 98146, title I 97 Stat. 931 Dec. 30, 1982 Pub. L. 97394, title I 96 Stat. 1979 Dec. 23, 1981 Pub. L. 97100, title I 95 Stat. 1401 Dec. 12, 1980 Pub. L. 96514, title I 94 Stat. 2969 Nov. 27, 1979 Pub. L. 96126, title I 93 Stat. 965 Oct. 17, 1978 Pub. L. 95465, title I 92 Stat. 1289 July 26, 1977 Pub. L. 9574, title I 91 Stat. 295 July 31, 1976 Pub. L. 94373, title I 90 Stat. 1052 Dec. 23, 1975 Pub. L. 94165, title I 89 Stat. 987 Aug. 31, 1974 Pub. L. 93404, title I 88 Stat. 812 Oct. 4, 1973 Pub. L. 93120, title I 87 Stat. 433 Aug. 10, 1972 Pub. L. 92369, title I 86 Stat. 512 Aug. 10, 1971 Pub. L. 9276, title I 85 Stat. 233 July 31, 1970 Pub. L. 91361, title I 84 Stat. 673 Oct. 29, 1969 Pub. L. 9198, title I 83 Stat. 151 July 26, 1968 Pub. L. 90425, title I 82 Stat. 430 June 24, 1967 Pub. L. 9028, title I 81 Stat. 63 May 31, 1966 Pub. L. 89435, title I 80 Stat. 174 June 28, 1965 Pub. L. 8952, title I 79 Stat. 179 July 7, 1964 Pub. L. 88356, title I 78 Stat. 278 July 26, 1963 Pub. L. 8879, title I 77 Stat. 102 Aug. 9, 1962 Pub. L. 87578, title I 76 Stat. 339 Aug. 3, 1961 Pub. L. 87122, title I 75 Stat. 250 May 13, 1960 Pub. L. 86455, title I 74 Stat. 112 June 23, 1959 Pub. L. 8660, title I 73 Stat. 101 June 4, 1958 Pub. L. 85439, title I 72 Stat. 163 July 1, 1957 Pub. L. 8577, title I 71 Stat. 265 June 13, 1956, ch. 380 70 Stat. 264 June 16, 1955, ch. 147 69 Stat. 149 July 1, 1954, ch. 446 68 Stat. 372 July 31, 1953, ch. 298 67 Stat. 273 July 9, 1952, ch. 597 66 Stat. 457 Aug. 31, 1951, ch. 375 65 Stat. 263 Sept. 6, 1950, ch. 896 64 Stat. 694 SUBCHAPTER IV THE JUDICIARY  1424. District Court of Guam; local courts; jurisdiction (a) District Court of Guam; unified court system (1) The judicial authority of Guam shall be vested in a court established by Congress designated as the District Court of Guam, and a judicial branch of Guam which branch shall constitute a unified judicial system and include an appellate court designated as the Supreme Court of Guam, a trial court designated as the Superior Court of Guam, and such other lower local courts as may have been or shall hereafter be established by the laws of Guam. (2) The Supreme Court of Guam may, by rules of such court, create divisions of the Superior Court of Guam and other local courts of Guam. (3) The courts of record for Guam shall be the District Court of Guam, the Supreme Court of Guam, the Superior Court of Guam (except the Traffic and Small Claims divisions of the Superior Court of Guam) and any other local courts or divisions of local courts that the Supreme Court of Guam shall designate. (b) Jurisdiction The District Court of Guam shall have the jurisdiction of a district court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28 (c) Original jurisdiction In addition to the jurisdiction described in subsection (b), the District Court of Guam shall have original jurisdiction in all other causes in Guam, jurisdiction over which is not then vested by the legislature in another court or other courts established by it. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court established by the laws of Guam for the purpose of determining the requirements of indictment by grand jury or trial by jury. ( Aug. 1, 1950, ch. 512,  22 64 Stat. 389 Aug. 27, 1954, ch. 1017,  1 68 Stat. 882 Pub. L. 85444 June 4, 1958 72 Stat. 178 Pub. L. 95598, title III,  335 Nov. 6, 1978 92 Stat. 2680 Pub. L. 98454, title VIII Oct. 5, 1984 98 Stat. 1741 Pub. L. 108378,  1(a) Oct. 30, 2004 118 Stat. 2206  Editorial Notes Amendments 2004Subsec. (a). Pub. L. 108378 section 14241 of this title 1984 Pub. L. 98454 Aug. 27, 1954 section 335 of Pub. L. 95598 1978Subsec. (a). Pub. L. 95598,  335(a) Subsec. (b). Pub. L. 95598,  335(b) section 2075 of title 28 section 53 of title 11 1958Subsec. (a). Pub. L. 85444 1954Subsec. (b). Act Aug. 27, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Pub. L. 98454, title X,  1005 Oct. 5, 1984 98 Stat. 1746 Titles VII, VIII, IX, and X of this Act [enacting sections 14241 to 14244, 1493, and 1613a of this title, repealing section 1400 of this title section 373 of Title 28 Oct. 5, 1984 Effective Date of 1978 Amendment Amendment by section 335(b) of Pub. L. 95598 Oct. 1, 1979 section 402(a) of Pub. L. 95598 section 101 of Title 11 Pub. L. 95598, title IV,  402(e) Nov. 6, 1978 92 Stat. 2682 section 335(a) of Pub. L. 95598 section 1001 of Pub. L. 98454 Effective Date of 1954 Amendment Act Aug. 27, 1954, ch. 1017,  2 68 Stat. 883 The amendment made by section 1 [amending this section] shall be deemed to be in effect as of August 1, 1950 Separability Act Aug. 27, 1954, ch. 1017,  4 68 Stat. 883 If any particular provision of this Act [amending this section and enacting provisions set out as notes under this section], or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. Nonreversal of Convictions Prior to August 27, 1954 Act Aug. 27, 1954, ch. 1017,  3 68 Stat. 883 No conviction of a defendant in a criminal proceeding in the District Court of Guam heretofore had shall be reversed or set aside on the ground that the defendant was not indicted by a grand jury or tried by a petit jury.  14241. Jurisdiction and powers of local courts (a) Supreme Court of Guam The Supreme Court of Guam shall be the highest court of the judicial branch of Guam (excluding the District Court of Guam) and shall (1) have original jurisdiction over proceedings necessary to protect its appellate jurisdiction and supervisory authority and such other original jurisdiction as the laws of Guam may provide; (2) have jurisdiction to hear appeals over any cause in Guam decided by the Superior Court of Guam or other courts established under the laws of Guam; (3) have jurisdiction to issue all orders and writs in aid of its appellate, supervisory, and original jurisdiction, including those orders necessary for the supervision of the judicial branch of Guam; (4) have supervisory jurisdiction over the Superior Court of Guam and all other courts of the judicial branch of Guam; (5) hear and determine appeals by a panel of three of the justices of the Supreme Court of Guam and a concurrence of two such justices shall be necessary to a decision of the Supreme Court of Guam on the merits of an appeal; (6) make and promulgate rules governing the administration of the judiciary and the practice and procedure in the courts of the judicial branch of Guam, including procedures for the determination of an appeal en banc; and (7) govern attorney and judicial ethics and the practice of law in Guam, including admission to practice law and the conduct and discipline of persons admitted to practice law. (b) Chief Justice of Supreme Court of Guam The Chief Justice of the Supreme Court of Guam (1) shall preside over the Supreme Court unless disqualified or unable to act; (2) shall be the administrative head of, and have general supervisory power over, all departments, divisions, and other instrumentalities of the judicial branch of Guam; and (3) may issue such administrative orders on behalf of the Supreme Court of Guam as necessary for the efficient administration of the judicial branch of Guam. (c) Orders of Chief Justice with respect to appeals The Chief Justice of the Supreme Court of Guam, or a justice sitting in place of such Chief Justice, may make any appropriate order with respect to (1) an appeal prior to the hearing and determination of that appeal on the merits; or (2) dismissal of an appeal for lack of jurisdiction or failure to take or prosecute the appeal in accordance with applicable laws or rules of procedure. (d) Other local courts Except as granted to the Supreme Court of Guam or otherwise provided by this chapter or any other Act of Congress, the Superior Court of Guam and all other local courts established by the laws of Guam shall have such original and appellate jurisdiction over all causes in Guam as the laws of Guam provide, except that such jurisdiction shall be subject to the exclusive or concurrent jurisdiction conferred on the District Court of Guam under section 1424 of this title (e) Qualifications and duties of justices and judges The qualifications and duties of the justices and judges of the Supreme Court of Guam, the Superior Court of Guam, and all other local courts established by the laws of Guam shall be governed by the laws of Guam and the rules of such courts. ( Aug. 1, 1950, ch. 512,  22A Pub. L. 98454, title VIII,  801 Oct. 5, 1984 98 Stat. 1742 Pub. L. 108378,  1(b) Oct. 30, 2004 118 Stat. 2206  Editorial Notes Amendments 2004 Pub. L. 108378 Statutory Notes and Related Subsidiaries Effective Date Section effective on ninetieth day following Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title  14242. Relations between courts of United States and courts of Guam  The relations between the courts established by the Constitution or laws of the United States and the local courts of Guam with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings. ( Aug. 1, 1950, ch. 512,  22B Pub. L. 98454, title VIII,  801 Oct. 5, 1984 98 Stat. 1742 Pub. L. 103437,  17(a)(1) Nov. 2, 1994 108 Stat. 4595 Pub. L. 108378,  2 Oct. 30, 2004 118 Stat. 2208  Editorial Notes Amendments 2004 Pub. L. 108378 Provided section 14241(a) of this title 1994 Pub. L. 103437 Statutory Notes and Related Subsidiaries Effective Date Section effective on ninetieth day following Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title  14243. Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Ninth Circuit; rules; appeals to appellate court (a) Appellate jurisdiction of District Court Prior to the establishment of the appellate court authorized by section 14241(a) of this title Provided (b) Appellate division of District Court; quorum; presiding judge; designation of judges; decisions Appeals to the District Court of Guam shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The district judge shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division of any session shall be designated by the presiding judge from among the judges who are serving on, or are assigned to, the district court from time to time pursuant to section 1424b of this title Provided (c) United States Court of Appeals for Ninth Circuit; jurisdiction; appeals; rules The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the appellate division of the district court. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection. (d) Appeals to appellate court; effect on District Court Upon the establishment of the appellate court provided for in section 14241(a) of this title ( Aug. 1, 1950, ch. 512,  22C Pub. L. 98454, title VIII,  801 Oct. 5, 1984 98 Stat. 1742 Pub. L. 108378,  1(c) Oct. 30, 2004 118 Stat. 2207  Editorial Notes Amendments 2004Subsec. (a). Pub. L. 108378,  1(c)(1) section 14241(a) of this title Subsec. (d). Pub. L. 108378,  1(c)(2) section 14241(a) of this title Statutory Notes and Related Subsidiaries Effective Date Section effective on ninetieth day following Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title  14244. Criminal offenses; procedure; definitions  Where appropriate, the provisions of part II of title 18 and of title 28, United States Code, and notwithstanding the provision in rule 54(a) Federal Rules of Criminal Procedure relating to the prosecution of criminal offenses on Guam by information, the rules of practice and procedure heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28, United States Code, shall apply to the District Court of Guam and appeals therefrom; except that the terms, Attorney for the government and United States attorney, as used in the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws of Guam, including the Guam Territorial income tax, mean the Attorney General of Guam or such other person or persons as may be authorized by the laws of Guam to act therein. ( Aug. 1, 1950, ch. 512,  22D Pub. L. 98454, title VIII,  801 Oct. 5, 1984 98 Stat. 1743  Editorial Notes  References in Text The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries Effective Date Section effective on ninetieth day following Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title  1424a. Repealed. Oct. 31, 1951, ch. 655,  56(e) 65 Stat. 729   Section, act Aug. 1, 1950, ch. 512,  23 64 Stat. 390 Statutory Notes and Related Subsidiaries Savings Provision Act Oct. 31, 1951, ch. 655,  56 l 65 Stat. 730 Oct. 31, 1951 Oct. 31, 1951  1424b. Judge of District Court; appointment, tenure, removal, and compensation; appointment of United States attorney and marshal (a) The President shall, by and with the advice and consent of the Senate, appoint a judge for the District Court of Guam who shall hold office for the term of ten years and until his successor is chosen and qualified unless sooner removed by the President for cause. The judge shall receive a salary payable by the United States which shall be at the rate prescribed for judges of the United States district courts. The Chief Judge of the Ninth Judicial Circuit of the United States may assign a judge of a local court of record or a judge of the High Court of the Trust Territory of the Pacific Islands or a circuit or district judge of the ninth circuit or a recalled senior judge of the District Court of Guam or of the District Court for the Northern Mariana Islands, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit, to serve temporarily as a judge in the District Court of Guam whenever it is made to appear that such an assignment is necessary for the proper dispatch of the business of the court. (b) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and United States marshal for Guam to whose offices the provisions of chapters 35 and 37 of title 28, respectively, shall apply. ( Aug. 1, 1950, ch. 512,  24 64 Stat. 390 Oct. 31, 1951, ch. 655,  55(a) 65 Stat. 728 Pub. L. 85444,  3 June 4, 1958 72 Stat. 179 Pub. L. 98454, title VIII,  802 Oct. 5, 1984 98 Stat. 1743  Editorial Notes Amendments 1984Subsec. (a). Pub. L. 98454,  802(a) Subsec. (b). Pub. L. 98454,  802(d) Subsec. (c). Pub. L. 98454,  802(e) 1958Subsec. (a). Pub. L. 85444 1951Subsec. (a). Act Oct. 31, 1951 section 373 of title 28 Subsec. (c). Act Oct. 31, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendments by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title Extension of Term of District Judges; Applicability; Effective Date Pub. L. 98454, title X,  1004 Oct. 5, 1984 98 Stat. 1746 The provisions of sections 706(a), 802(a), and 901(a) of this Act [amending sections 1614, 1424b, and 1821, respectively, of this title] extending the terms of district court judges of the Virgin Islands, Guam, and the Northern Mariana Islands, respectively, from eight to ten years shall be applicable to the judges of those courts holding office on the effective date of this Act [ Oct. 5, 1984 Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1424c. Review of claims respecting land on Guam (a) Jurisdiction Notwithstanding any law or court decision to the contrary, the District Court of Guam is hereby granted authority and jurisdiction to review claims of persons, their heirs or legatees, from whom interests in land on Guam were acquired other than through judicial condemnation proceedings, in which the issue of compensation was adjudicated in a contested trial in the District Court of Guam, by the United States between July 21, 1944 August 23, 1963 (b) Acquisitions effected through condemnation proceedings Land acquisitions effected through judicial condemnation proceedings in which the issue of compensation was adjudicated in a contested trial in the District Court of Guam, shall remain res judicata and shall not be subject to review hereunder. (c) Fair compensation Fair compensation for purposes of this Act is defined as such additional amounts as are necessary to effect payment of fair market value at the time of acquisition, if it is determined that, as a result of duress, unfair influence, or other unconscionable actions, fair market value was not paid. (d) Employment of special masters or judges The District Court of Guam may employ and utilize the services of such special masters or judges as are necessary to carry out the intent and purposes hereof. (e) Awards Awards made hereunder shall be judgments against the United States. (f) Limitation on attorneys fees; violation; penalty Attorneys fees paid by claimants to counsel representing them may not exceed 5 per centum of any additional award. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives any remuneration in excess of the maximum permitted by this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. A reasonable attorneys fee may be awarded in appropriate cases. (g) Availability of documents, records, and writings to court All agencies and departments of the United States Government shall, upon request, deliver to the court any documents, records, and writings which are pertinent to any claim under review. ( Pub. L. 95134, title II,  204 Oct. 15, 1977 91 Stat. 1162 Pub. L. 96205, title III,  301(a) Mar. 12, 1980 94 Stat. 87  Editorial Notes  References in Text This Act, referred to in subsec. (c), is Pub. L. 95134 Oct. 15, 1977 91 Stat. 1159 Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter. Amendments 1980Subsec. (c). Pub. L. 96205 Statutory Notes and Related Subsidiaries Treatment of Certain Awards by District Court of Guam Pub. L. 100647, title VI,  6140 Nov. 10, 1988 102 Stat. 3724 For purposes of the internal revenue laws of the United States and Guam, gross income shall not include any amount received pursuant to any claim over which the District Court of Guam has jurisdiction by reason of section 204 of Public Law 95134 December 31, 1985 Commencement of Civil Actions Before April 1, 1982 Pub. L. 96205, title III,  301(b) Mar. 12, 1980 94 Stat. 87 Any civil action under section 204 of the Omnibus Territories Act of 1977 ( 91 Stat. 1162 April 1, 1982 SUBCHAPTER V PUBLIC HOUSING AND URBAN RENEWAL  1425. Omitted  Editorial Notes Codification Section, act June 27, 1934, ch. 847,  214 Apr. 23, 1949, ch. 89,  2(a) 63 Stat. 57 section 1715d of Title 12  1425a. Legislative authority to create authorities; appointment of members; powers of authorities  The Legislature of Guam may by law grant to a public corporate authority, existing or to be created by or under such law, powers to undertake urban renewal and housing activities in Guam. Such legislature may by law provide for the appointment, terms of office, or removal of the members of such authority and for the powers of such authority, including authority to accept whatever benefits the Federal Government may make available, and to do all things, to exercise any and all powers, and to assume and fulfill any and all obligations, duties, responsibilities, and requirements, including but not limited to those relating to planning or zoning, necessary or desirable for receiving such Federal assistance, except that such authority shall not be given any power of taxation, nor any power to pledge the faith and credit of the territory of Guam for any loan whatever. ( Pub. L. 88171,  1 Nov. 4, 1963 77 Stat. 304  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1425b. Issuance of notes, bonds, and obligations  The Legislature of Guam may by law authorize such authority, any provision of the Organic Act of Guam [ 48 U.S.C. 1421 ( Pub. L. 88171,  2 Nov. 4, 1963 77 Stat. 304  Editorial Notes  References in Text The Organic Act of Guam, referred to in text, is act Aug. 1, 1950, ch. 512 64 Stat. 384 section 1421 of this title Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1425c. Authorization of loans, conveyances, etc.  The Legislature of Guam may by law assist such authority by furnishing, or authorizing the furnishing of, cash donations, loans, conveyances of real and personal property, facilities, and services, and otherwise, and may by law take other action in aid of urban renewal or housing or related activities. ( Pub. L. 88171,  3 Nov. 4, 1963 77 Stat. 304  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1425d. Ratification of prior act  Each and every part of Public Law 6135 December 18, 1962 ( Pub. L. 88171,  4 Nov. 4, 1963 77 Stat. 304  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1425e. Additional powers  Powers granted herein shall be in addition to, and not in derogation of, any powers granted by other law to, or for the benefit or assistance of, any public corporate authority. ( Pub. L. 88171,  5 Nov. 4, 1963 77 Stat. 304  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1426. Repealed. Aug. 2, 1954, ch. 649 68 Stat. 622   Section, acts Apr. 23, 1949, ch. 89,  2(b) 63 Stat. 58 June 30, 1953, ch. 170,  25(b) 67 Stat. 128 SUBCHAPTER VI GUAM DEVELOPMENT FUND  1428. Authorization of appropriations (a) For the purpose of promoting economic development in the territory of Guam, there is authorized to be appropriated to the Secretary of the Interior to be paid to the government of Guam for the purposes of this subchapter the sum of $5,000,000. (b) In addition to the appropriations authorized in subsection (a), $1,000,000 is authorized to be appropriated to the Secretary of the Interior to be paid to the government of Guam annually for five fiscal years commencing in fiscal year 1978 to carry out the purposes of this subchapter. ( Pub. L. 90601,  2 Oct. 17, 1968 82 Stat. 1172 Pub. L. 95134, title II,  202 Oct. 15, 1977 91 Stat. 1161  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter. Amendments 1977 Pub. L. 95134  1428a. Submission of plan for use of funds; contents of plan; term, interest rate, and premium charge of loan  Prior to receiving any funds pursuant to this subchapter the government of Guam shall submit to the Secretary of the Interior a plan for the use of such funds which meets the requirements of this section and is approved by the Secretary. The plan shall designate an agency or agencies of such government as the agency or agencies for the administration of the plan and shall set forth the policies and procedures to be followed in furthering the economic development of Guam through a program which shall include and make provision for loans and loan guarantees to promote the development of private enterprise and private industry in Guam through a revolving fund for such purposes: Provided ( Pub. L. 90601,  3 Oct. 17, 1968 82 Stat. 1172  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1428b. Prerequisite for loan or loan guarantee; maximum participation in available funds; reserves for loan guarantees  No loan or loan guarantee shall be made under this subchapter to any applicant who does not satisfy the agency or agencies administering the plan that financing is otherwise unavailable on reasonable terms and conditions. The maximum participation in the funds made available under section 1428 of this title Provided ( Pub. L. 90601,  4 Oct. 17, 1968 82 Stat. 1172  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1428c. Accounting procedures  The plan provided for in section 1428a of this title ( Pub. L. 90601,  5 Oct. 17, 1968 82 Stat. 1172  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.  1428d. Report for inclusion in annual report by Governor  The Governor of Guam shall include in the annual report to Congress required pursuant to section 1422 of this title ( Pub. L. 90601,  6 Oct. 17, 1968 82 Stat. 1173 Pub. L. 96470, title II,  206(c) Oct. 19, 1980 94 Stat. 2244  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter. Amendments 1980 Pub. L. 96470 section 1422 of this title  1428e. Audit of books and records of agency, or agencies, administering loan funds  The Comptroller General of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to the books, documents, papers, and records of the agency, or agencies, of the government of Guam administering the plan that are pertinent to the funds received under this subchapter. ( Pub. L. 90601,  7 Oct. 17, 1968 82 Stat. 1173  Editorial Notes Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter. CHAPTER 9 SAMOA, TUTUILA, MANUA, SWAINS ISLAND, AND TRUST TERRITORY OF THE PACIFIC ISLANDS  1431 to 1440. Transferred   Section 1431, act Mar. 4, 1925, ch. 563 43 Stat. 1357 section 1662 of this title  Section 1431a, acts Feb. 20, 1929, ch. 281 45 Stat. 1253 May 22, 1929, ch. 6 46 Stat. 4 section 1661 of this title  Section 1432, act June 28, 1906, ch. 3585 34 Stat. 552 section 1663 of this title  Section 1433, act June 14, 1934, ch. 523 48 Stat. 963 section 1664 of this title Pub. L. 109304,  19 Oct. 6, 2006 120 Stat. 1710  Section 1434, act July 9, 1952, ch. 597, title I,  101 66 Stat. 457 section 1665 of this title  Section 1435, act July 9, 1952, ch. 597, title I,  101 66 Stat. 458 section 1682 of this title Act June 30, 1954, ch. 423,  1 section 1681 of this title section 1681 of this title  Section 1436, act July 9, 1952, ch. 597, title I,  101 66 Stat. 458 section 1683 of this title  Section 1437, act July 9, 1952, ch. 597, title I,  101 66 Stat. 458 section 1684 of this title  Section 1438, act July 9, 1952, ch. 597, title I,  108 66 Stat. 460 section 1685 of this title  Section 1439, act July 31, 1953, ch. 298, title I,  1 67 Stat. 274 section 1686 of this title  Section 1440, Pub. L. 8577, title I,  1 July 1, 1957 71 Stat. 266 section 1687 of this title CHAPTER 10 TERRITORIAL PROVISIONS OF A GENERAL NATURE    Sec.  1451. Rights of Indians not impaired; boundaries.  1452. Regulation of Indians.  1453 14691. Repealed.  1469a. Congressional declaration of policy respecting Insular Areas.  1469a1. Full amounts to be covered into treasuries of Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands; reductions prohibited.  1469b. Auditing of transactions of territorial and local governments.  1469c. Availability of services, facilities, and equipment of agencies and instrumentalities of United States; reimbursement requirements.  1469d. General technical assistance.  1469e. Insular government purchases.  1470 1488. Repealed or Omitted.  1489. Loss of title of United States to lands in territories through adverse possession or prescription forbidden.  1490. Repealed.  1491. License, permit, etc., for transportation for storage or storage of spent nuclear fuel or high-level radioactive waste; prerequisites; applicability; territory or possession defined.  1492. Energy resources of Caribbean and Pacific insular areas.  1492a. Study of electric rates in the insular areas.  1493. Prosecution; authorization to seek review; local or Federal appellate courts; decisions, judgments or orders.  1494. Purposes.  1494a. Annual reports to Congress.  1494b. Enforcement and administration in insular areas.  1494c. Drug Enforcement Agency personnel assignments.  Editorial Notes Codification The source of most sections of this chapter is the Revised Statutes enacted in 1873 and other early statutes. The Revised Statutes can no longer apply to contiguous territory because no such territory now exists. As to noncontiguous territory, Guam, Puerto Rico, and the Virgin Islands each has its own organic act, providing a complete system of government, legislative, executive, and judicial. The Canal Zone has its own code of laws. The independence of the Philippine Islands was recognized by Proc. No. 2695, eff. July 4, 1946 section 1394 of Title 22 Executive Documents  Executive Order No. 13299 Ex. Ord. No. 13299, May 12, 2003 Apr. 14, 2010  Ex. Ord. No. 13537. Interagency Group on Insular Areas Ex. Ord. No. 13537, Apr. 14, 2010 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section Interagency Group on Insular Areas. (a) There is established, within the Department of the Interior for administrative purposes, the Interagency Group on Insular Areas (IGIA) to address policies concerning Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands (Insular Areas). (b) The IGIA shall consist of: (i) the heads of the executive departments, as defined in 5 U.S.C. 101 (ii) the heads of such other executive agencies as the Co-Chairs of the IGIA may designate; and (iii) the Deputy Assistant to the President and Director of Intergovernmental Affairs. (c) The Secretary of the Interior and the Deputy Assistant to the President and Director of Intergovernmental Affairs shall serve as Co-Chairs of the IGIA, convene and preside at its meetings, direct its work, and establish such subgroups of the IGIA as they deem appropriate, consisting exclusively of members of the IGIA. (d) Members of the IGIA may designate a senior department or agency official who is a full-time officer or employee of the Federal Government to perform their IGIA functions. Sec Functions of the IGIA (a) advise the President on establishment or implementation of policies concerning the Insular Areas; (b) solicit information and advice concerning the Insular Areas from the Governors of, and other elected officials in, the Insular Areas (including through at least one meeting each year with any Governors of the Insular Areas who may wish to attend) in a manner that seeks their individual advice and does not involve collective judgment, or consensus advice or deliberation; (c) solicit information and advice concerning the Insular Areas, as the IGIA determines appropriate, from representatives of entities or other individuals in a manner that seeks their individual advice and does not involve collective judgment, or consensus advice or deliberation; (d) solicit information from executive departments or agencies for purposes of carrying out its mission; and (e) at the request of the head of any executive department or agency who is a member of the IGIA, with the approval of the Co-Chairs, promptly review and provide advice on a policy or policy implementation action affecting the Insular Areas proposed by that department or agency. Sec Recommendations (a) submit annually to the President a report containing recommendations regarding the establishment or implementation of policies concerning the Insular Areas; and (b) provide to the President, from time to time, as appropriate, recommendations concerning proposed or existing Federal programs and policies affecting the Insular Areas. Sec General Provisions. (a) The heads of executive departments and agencies shall assist and provide information to the IGIA, consistent with applicable law, as may be necessary to carry out the functions of the IGIA. Each executive department and agency shall bear its own expenses of participating in the IGIA. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) This order shall supersede Executive Order 13299 of May 8, 2003 (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Barack Obama.  1451. Rights of Indians not impaired; boundaries  Nothing in title 23 of the Revised Statutes shall be construed to impair the rights of person or property pertaining to the Indians in any Territory, so long as such rights remain unextinguished by treaty between the United States and such Indians, or to include any Territory which, by treaty with any Indian tribe, is not, without the consent of such tribe, embraced within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of any Territory now or hereafter organized until such tribe signifies its assent to the President to be embraced within a particular Territory. As used herein, the term Territory does not include the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands. (R.S.  1839; Pub. L. 98213,  15(a) Dec. 8, 1983 97 Stat. 1462  Editorial Notes  References in Text Title 23 of the Revised Statutes, referred to in text, was in the original this Title, meaning title XXIII of the Revised Statutes, consisting of R.S.  1839 to 1976, and which, insofar as classified to the Code, is classified to sections 1451 to 1455, 1457 to 1460a, 1463, 1463a, 1465, 1467 to 1470, 1480, and 1482 to 1485 of this title and to sections 644 to 647, 649, and 655 to 657 of Title 16, Conservation. For complete classification of R.S.  1839 to 1976 to the Code, see Tables. Codification R.S.  1839 derived from N.M., act Sept. 9, 1850, ch. 49,  2 9 Stat. 447 act Sept. 9, 1850, ch. 51,  1 9 Stat. 453 act Mar. 2, 1853, ch. 90,  1 10 Stat. 172 act Feb. 28, 1861, ch. 59,  1 12 Stat. 172 act Mar. 2, 1861, ch. 86,  1 12 Stat. 239 act Feb. 24, 1863, ch. 56,  1 12 Stat. 664 act Mar. 3, 1863, ch. 117,  1 12 Stat. 808 act May 26, 1864, ch. 95,  1 13 Stat. 85 act July 25, 1868, ch. 235,  1 15 Stat. 178 Amendments 1983 Pub. L. 98213  1452. Regulation of Indians  Nor shall anything in title 23 of the Revised Statutes be construed to affect the authority of the United States to make any regulations respecting the Indians of any Territory, their lands, property, or rights, by treaty, law, or otherwise, in the same manner as might be made if no temporary government existed, or is hereafter established, in any such Territory. As used herein, the term Territory does not include the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands. (R.S.  1840; Pub. L. 98213,  15(b) Dec. 8, 1983 97 Stat. 1462  Editorial Notes  References in Text Title 23 of the Revised Statutes, referred to in text, was in the original this Title, meaning title 23 of the Revised Statutes, consisting of R.S.  1839 to 1976, and which, insofar as classified to the Code, is classified to sections 1451 to 1455, 1457 to 1460a, 1463, 1463a, 1465, 1467 to 1470, 1480, and 1482 to 1485 of this title and to sections 644 to 647, 649, and 655 to 657 of Title 16, Conservation. For complete classification of R.S.  1839 to 1976 to the Code, see Tables. Codification R.S.  1840 derived from N.M., act Sept. 9, 1850, ch. 49,  2 9 Stat. 447 act Sept. 9, 1850, ch. 51,  1 9 Stat. 453 act Mar. 2, 1853, ch. 90,  1 10 Stat. 172 act Feb. 28, 1861, ch. 59,  1 12 Stat. 172 act Mar. 2, 1861, ch. 86,  1 12 Stat. 239 act Feb. 24, 1863, ch. 56,  1 12 Stat. 664 act Mar. 3, 1863, ch. 117,  1 12 Stat. 808 act May 26, 1864, ch. 95,  1 13 Stat. 85 act July 25, 1868, ch. 235,  1 15 Stat. 178 Amendments 1983 Pub. L. 98213  1453 to 1455. Repealed. Pub. L. 98213,  16(c) Dec. 8, 1983 97 Stat. 1462   Section 1453, R.S.  1841, related to powers, duties and term of office of governor of each Territory, in whom the executive power was vested.  Section 1453a, R.S.  1873, related to temporary definition by proclamation, by governor, of judicial districts of such Territory, and assignment of judges appointed for such Territory to several districts as well as fixing of times and places for holding courts.  Section 1454, R.S.  1843, related to appointment and term of office of Secretary appointed for each Territory, and duties in case of death, removal, resignation or absence of governor from Territory.  Section 1455, R.S.  1844, related to duties of secretary regarding recordation, preservation, and publication of all laws and proceedings of legislative assembly and governor in executive department.  1456. Repealed. Sept. 12, 1950, ch. 946 64 Stat. 844   Section, acts June 20, 1874, ch. 328,  1 18 Stat. 99 June 10, 1921, ch. 18,  215 42 Stat. 23  1457 to 14691. Repealed. Pub. L. 98213,  16(a) Dec. 8, 1983 97 Stat. 1462   Section 1457, R.S.  1855, prohibited making or enforcement of any law of any Territorial legislature by which the governor, secretary or members or officers of any Territorial legislature are paid any compensation other than that provided by the laws of the United States.  Section 1458, R.S.  1857, related to appointment or election of all township, district and county officers, except justices of the peace and general officers of the militia, and the appointment of all other officers by the governor, except in first instance where a new Territory is created, all officers to be appointed by the governor.  Section 1459, R.S.  1858, related to filling of vacancies, during recess of legislative council, of offices which, under organic act of any Territory, were required to be filled by governor with the advice and consent of such council.  Section 1460, R.S.  1860; Mar. 3, 1883, ch. 134 22 Stat. 567 July 31, 1939, ch. 399 53 Stat. 1143  Section 1460a, R.S.  1854; Feb. 22, 1889, ch. 180 25 Stat. 676 Nov. 11, 1889 26 Stat. 1552  Section 1461, act Mar. 22, 1882, ch. 47,  8 22 Stat. 31  Section 1462, act June 19, 1878, ch. 329,  1 20 Stat. 193  Section 1463, R.S.  1868, related to chancery and common-law jurisdiction of supreme and district courts.  Section 1463a, R.S.  1864, related to membership, quorum, and term of office of supreme court of every Territory.  Section 1464, act Apr. 7, 1874, ch. 80,  1 18 Stat. 27  Section 1465, R.S.  1878, related to oath of office, and certification thereof, by governor, secretary, chief justice, associate justices and all other civil officers.  Section 1466, act May 1, 1876, ch. 88 19 Stat. 43  Section 1467, R.S.  1883; Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118  Section 1468, R.S.  1884; June 10, 1921, ch. 18,  304 42 Stat. 24  Section 1469, R.S.  1886; June 10, 1921, ch. 18,  304 42 Stat. 24  Section 14691, act Mar. 4, 1915, ch. 141,  1 38 Stat. 1021 June 10, 1921, ch. 18 42 Stat. 24  1469a. Congressional declaration of policy respecting Insular Areas In order to minimize the burden caused by existing application and reporting procedures for certain grant-in-aid programs available to the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Government of the Northern Mariana Islands (hereafter referred to as Insular Areas) it is declared to be the policy of the Congress, notwithstanding any provision of law to the contrary, that: (a) Any department or agency of the Government of the United States which administers any Act of Congress which specifically provides for making grants to any Insular Area under which payments received may be used by such Insular Area only for certain specified purposes (other than direct payments to classes of individuals) may, acting through appropriate administrative authorities of such department or agency, consolidate any or all grants made to such area for any fiscal year or years. (b) Any consolidated grant for any insular area shall not be less than the sum of all grants which such area would otherwise be entitled to receive for such year. (c) The funds received under a consolidated grant shall be expended in furtherance of the programs and purposes authorized for any of the grants which are being consolidated, which are authorized under any of the Acts administered by the department or agency making the grant, and which would be applicable to grants for such programs and purposes in the absence of the consolidation, but the Insular Areas shall determine the proportion of the funds granted which shall be allocated to such programs and purposes. (d) Each department or agency making grants-in-aid shall, by regulations published in the Federal Register, provide the method by which any Insular Area may submit (i) a single application for a consolidated grant for any fiscal year period, but not more than one such application for a consolidated grant shall be required by any department or agency unless notice of such requirement is transmitted to the appropriate committees of the United States Congress together with a complete explanation of the necessity for requiring such additional applications and (ii) a single report to such department or agency with respect to each such consolidated grant: Provided 1 1 ( Pub. L. 95134, title V,  501 Oct. 15, 1977 91 Stat. 1164 Pub. L. 95348,  9 Aug. 18, 1978 92 Stat. 495  Editorial Notes Amendments 1978 Pub. L. 95348,  9(1) Subsec. (a). Pub. L. 95348,  9(2) Statutory Notes and Related Subsidiaries Maintenance or Level of Effort Requirements; Adjustment or Modification by Administrator of Environmental Protection Agency Pub. L. 99396,  12(a) Aug. 27, 1986 100 Stat. 841 In awarding assistance grants, consolidated under the provisions of title V of the Act entitled An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts related thereto, and for other purposes ( 91 Stat. 1159 42 U.S.C. 4368b 48 U.S.C. 1469a Application of Subsection (d) to Department of the Interior Pub. L. 96205, title VI,  601 Mar. 12, 1980 94 Stat. 90 Pub. L. 98213,  6 Dec. 8, 1983 97 Stat. 1460 Pub. L. 98454, title VI,  601(b) Oct. 5, 1984 98 Stat. 1736 Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1469a1. Full amounts to be covered into treasuries of Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands; reductions prohibited  Pursuant to the terms of the Organic Act of Guam ( 64 Stat. 384 48 U.S.C. 1421 90 Stat. 263 48 U.S.C. 1801 64 Stat. 319 48 U.S.C. 731 1 1 48 U.S.C. 1541 92 Stat. 487 Public Law 99177 Public Law 99366 ( Pub. L. 99396,  19(b) Aug. 27, 1986 100 Stat. 844  Editorial Notes  References in Text The Organic Act of Guam, referred to in text, is act Aug. 1, 1950, ch. 512 64 Stat. 384 section 1421 of this title The Joint resolution to Approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, referred to in text, is Pub. L. 94241 Mar. 24, 1976 90 Stat. 263 The Puerto Rican Federal Relations Act, referred to in text, is act Mar. 2, 1917, ch. 145 39 Stat. 951 section 731 of this title The Revised Organic Act of the Virgin Islands, referred to in text, is act July 22, 1954, ch. 558 68 Stat. 497 section 1541 of this title The Act to authorize appropriations for certain insular areas of the United States, and for other purposes ( 92 Stat. 487 Pub. L. 95348 Aug. 18, 1978 92 Stat. 487 Public Law 99177 Pub. L. 99177 Dec. 12, 1985 99 Stat. 1037 section 911 of Title 42 section 661 of Title 2 section 900 of Title 2 section 911 of Title 42 section 621 of Title 2 section 900 of Title 2 Public Law 99366 Pub. L. 99366 July 31, 1986 100 Stat. 773 section 904 of Title 2  1469b. Auditing of transactions of territorial and local governments  All financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31. ( Pub. L. 117328, div. G, title I Dec. 29, 2022 136 Stat. 4778  Editorial Notes  References in Text Herein provided for, referred to in text, means provided for in the appropriation act cited as the credit to this section. Codification Section is from the appropriation act cited as the credit to this section. Prior Provisions Provisions similar to those in this section were contained in the following prior appropriations acts: Pub. L. 117103, div. G, title I Mar. 15, 2022 136 Stat. 367 Pub. L. 116260, div. G, title I Dec. 27, 2020 134 Stat. 1497 Pub. L. 11694, div. D, title I Dec. 20, 2019 133 Stat. 2704 Pub. L. 1166, div. E, title I Feb. 15, 2019 133 Stat. 223 Pub. L. 115141, div. G, title I Mar. 23, 2018 132 Stat. 651 Pub. L. 11531, div. G, title I May 5, 2017 131 Stat. 452 Pub. L. 114113, div. G, title I Dec. 18, 2015 129 Stat. 2542 Pub. L. 113235, div. F, title I Dec. 16, 2014 128 Stat. 2412 Pub. L. 11376, div. G, title I Jan. 17, 2014 128 Stat. 304 Pub. L. 11274, div. E, title I Dec. 23, 2011 125 Stat. 1001 Pub. L. 11188, div. A, title I Oct. 30, 2009 123 Stat. 2920 Pub. L. 1118, div. E, title I Mar. 11, 2009 123 Stat. 717 Pub. L. 110161, div. F, title I Dec. 26, 2007 121 Stat. 2114 Pub. L. 10954, title I Aug. 2, 2005 119 Stat. 517 Pub. L. 108447, div. E, title I Dec. 8, 2004 118 Stat. 3059 Pub. L. 108108, title I Nov. 10, 2003 117 Stat. 1260 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814 Pub. L. 1087, div. F, title I Feb. 20, 2003 117 Stat. 234 Pub. L. 10763, title I Nov. 5, 2001 115 Stat. 433 Pub. L. 106291, title I Oct. 11, 2000 114 Stat. 938 Pub. L. 106113, div. B,  1000(a)(3) [title I] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(e) [title I] Oct. 21, 1998 112 Stat. 2681231 Pub. L. 10583, title I Nov. 14, 1997 111 Stat. 1558 Pub. L. 104208, div. A, title I,  101(d) [title I] Sept. 30, 1996 110 Stat. 3009181 Pub. L. 104134, title I,  101(c) [title I] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103332, title I Sept. 30, 1994 108 Stat. 2515 Pub. L. 103138, title I Nov. 11, 1993 107 Stat. 1394 Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1392 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1007 Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1932 Pub. L. 101121, title I Oct. 23, 1989 103 Stat. 716 Pub. L. 100446, title I Sept. 27, 1988 102 Stat. 1797 Pub. L. 100202,  101(g) [title I] Dec. 22, 1987 101 Stat. 1329213 Pub. L. 99500,  101(h) [title I] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 99190,  101(d) [title I] Dec. 19, 1985 99 Stat. 1224 Pub. L. 98473, title I,  101(c) [title I] Oct. 12, 1984 98 Stat. 1837 Pub. L. 98146, title I Nov. 4, 1983 97 Stat. 931 Pub. L. 97394, title I Dec. 30, 1982 96 Stat. 1979 Pub. L. 97100, title I Dec. 23, 1981 95 Stat. 1402 Pub. L. 96514, title I Dec. 12, 1980 94 Stat. 2969 Pub. L. 96126, title I Nov. 27, 1979 93 Stat. 965 Pub. L. 95465, title I Oct. 17, 1978 92 Stat. 1289  1469c. Availability of services, facilities, and equipment of agencies and instrumentalities of United States; reimbursement requirements  To the extent practicable, services, facilities, and equipment of agencies and instrumentalities of the United States Government may be made available, on a reimbursable basis, to the governments of the territories and possessions of the United States and the Trust Territory of the Pacific Islands. Reimbursements may be credited to the appropriation or fund of the agency or instrumentality through which the services, facilities, and equipment are provided. If otherwise authorized by law, such services, facilities, and equipment may be made available without reimbursement. ( Pub. L. 96205, title VI,  603 Mar. 12, 1980 94 Stat. 90  Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1469d. General technical assistance (a) Assistance with matters generally within responsibility of governments; methods of assistance The Secretary of the Interior is authorized to extend to the governments of American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and the Trust Territory of the Pacific Islands, and their agencies and instrumentalities, with or without reimbursement, technical assistance on subjects within the responsibility of the respective territorial governments. Such assistance may be provided by the Secretary of the Interior through members of his staff, reimbursements to other departments or agencies of the Federal Government under sections 1535 and 1536 of title 31, grants to or cooperative agreements with such governments, agreements with Federal agencies or agencies of State or local governments, or the employment of private individuals, partnerships, or corporations. Technical assistance may include research, planning assistance, studies, and demonstration projects. (b) Agricultural plantings and physical facilities, assistance for peoples of Enewetak Atoll and Bikini Atoll The Secretary of the Interior is further authorized to provide technical assistance to, and maintenance of agricultural plantings and physical facilities for, the peoples from Enewetak Atoll and Bikini Atoll, as well as for the purchase of food and equipment and for the transportation of such food, equipment and persons as he deems necessary and appropriate until such areas produce sufficient food to fully sustain the residents after resettlement. This provision shall not cease to be applicable either before or after the termination of the trusteeship without the express approval of the United States Congress. (c) Extension of programs administered by Department of Agriculture to Guam, Northern Mariana Islands, etc. The Secretary of Agriculture is authorized to extend, in his discretion, programs administered by the Department of Agriculture to Guam, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin Islands, and American Samoa (hereinafter called the territories). Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to waive or modify any statutory requirements relating to the provision of assistance under such programs when he deems it necessary in order to adapt the programs to the needs of the respective territory: Provided (d) Authorization of appropriations Effective October 1, 1981 ( Pub. L. 96597, title VI,  601 Dec. 24, 1980 94 Stat. 3479 Pub. L. 103437,  17(a)(2) Nov. 2, 1994 108 Stat. 4595  Editorial Notes Codification In subsec. (a), sections 1535 and 1536 of title 31 substituted in text for the Economy Act ( 31 U.S.C. 686 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Amendments 1994Subsec. (c). Pub. L. 103437 Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1469e. Insular government purchases  The Governments of the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands are authorized to make purchases through the General Services Administration. ( Pub. L. 102247, title III,  302 Feb. 24, 1992 106 Stat. 38 Pub. L. 114187, title IV,  406 June 30, 2016 130 Stat. 592  Editorial Notes Prior Provisions Similar provisions relating to the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands, were classified to sections 1401f, 1423 l Amendments 2016 Pub. L. 114187 Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1470. Repealed. Pub. L. 98213,  16(v) Dec. 8, 1983 97 Stat. 1463   Section, R.S.  1888, prohibited any Territorial legislative assembly from exceeding amount appropriated by Congress for its annual expenses.  1470a. Omitted  Editorial Notes Codification Section, act Nov. 4, 1983 Pub. L. 98146, title I 97 Stat. 931 Dec. 30, 1982 Pub. L. 97394, title I 96 Stat. 1979 Dec. 23, 1981 Pub. L. 97100, title I 95 Stat. 1401 Dec. 12, 1980 Pub. L. 96514, title I 94 Stat. 2969 Nov. 27, 1979 Pub. L. 96126, title I 93 Stat. 965 Oct. 17, 1978 Pub. L. 95465, title I 92 Stat. 1289 July 26, 1977 Pub. L. 9574, title I 91 Stat. 295 July 31, 1976 Pub. L. 94373, title I 90 Stat. 1052 Dec. 23, 1975 Pub. L. 94165, title I 89 Stat. 987 Aug. 31, 1974 Pub. L. 93404, title I 88 Stat. 812 Oct. 4, 1973 Pub. L. 93120, title I 87 Stat. 433 Aug. 10, 1972 Pub. L. 92369, title I 86 Stat. 512 Aug. 10, 1971 Pub. L. 9276, title I 85 Stat. 233 July 31, 1970 Pub. L. 91361, title I 84 Stat. 673 Oct. 29, 1969 Pub. L. 9198, title I 83 Stat. 151 July 26, 1968 Pub. L. 90425, title I 82 Stat. 430 June 24, 1967 Pub. L. 9028, title I 81 Stat. 63 May 31, 1966 Pub. L. 89435, title I 80 Stat. 174 June 28, 1965 Pub. L. 8952, title I 79 Stat. 179 July 7, 1964 Pub. L. 88356, title I 78 Stat. 278 July 26, 1963 Pub. L. 8879, title I 77 Stat. 102 Aug. 9, 1962 Pub. L. 87578, title I 76 Stat. 339 Aug. 3, 1961 Pub. L. 87122, title I 75 Stat. 250 May 13, 1960 Pub. L. 86455, title I 74 Stat. 112 June 23, 1959 Pub. L. 8660, title I 73 Stat. 101 June 4, 1958 Pub. L. 85439, title I 72 Stat. 163 July 1, 1957 Pub. L. 8577, title I 71 Stat. 265 June 13, 1956, ch. 380 70 Stat. 264 June 16, 1955, ch. 147 69 Stat. 149 July 1, 1954, ch. 446 68 Stat. 372  1471 to 1479. Repealed. Pub. L. 98213,  16(w) Dec. 8, 1983 97 Stat. 1463   Section 1471, act July 30, 1886, ch. 818,  1 24 Stat. 170  Section 1472, acts July 30, 1886, ch. 818,  4 24 Stat. 171 Aug. 22, 1911, ch. 43 37 Stat. 33  Section 1473, act July 30, 1886, ch. 818,  3 24 Stat. 171  Section 1474, act July 19, 1888, ch. 679,  2 25 Stat. 336  Section 1475, act July 30, 1886, ch. 818,  2 24 Stat. 171  Section 1476, act Mar. 4, 1898, ch. 35 30 Stat. 252  Section 1477, act June 6, 1900, ch. 820 31 Stat. 683  Section 1478, act July 30, 1886, ch. 818,  6 24 Stat. 171  Section 1479, act July 30, 1886, ch. 818,  7 24 Stat. 171 July 30, 1886  1480 to 1480b. Repealed. Pub. L. 95584,  1 Nov. 2, 1978 92 Stat. 2483   Section 1480, R.S.  1890, related to right of religious corporations to hold real estate.  Section 1480a, act Mar. 3, 1887, ch. 397,  26 24 Stat. 641  Section 1480b, act Sept. 22, 1950, ch. 986 64 Stat. 905 Statutory Notes and Related Subsidiaries Effect of Repeal Pub. L. 95584,  2 Nov. 2, 1978 92 Stat. 2483 This repeal [repealing sections 1480 to 1480b of this title] may not be considered or construed as endorsement, support, or permission for any development on or other use of any land in any territory or possession of the United States; nor shall it be evidence of congressional or other intent to confirm title to any lands in said territories or possessions claimed by any association, corporation, or other entity for religious or charitable purposes.  1481 to 1485. Repealed. Pub. L. 98213,  16(ff) Dec. 8, 1983 97 Stat. 1463   Section 1481, act June 16, 1880, ch. 235 21 Stat. 277  Section 1482, R.S.  1892, placed any penitentiary erected or to be erected under care and control of marshal of the United States for Territory or District in which situated.  Section 1483, R.S.  1893, related to promulgation of rules and regulations by Attorney General of the United States for government of such penitentiaries, and compensation of marshals and their deputies.  Section 1484, R.S.  1894, related to charging compensation and subsistence and employment expenses of offenders sentenced to imprisonment in such penitentiaries.  Section 1485, R.S.  1895, related to imprisonment at cost of Territory in such penitentiaries of persons convicted for violation of laws of Territory.  1486. Repealed. Pub. L. 87826,  3 Oct. 15, 1962 76 Stat. 953   Section, acts Apr. 29, 1902, ch. 637 32 Stat. 172 Feb. 14, 1903, ch. 552,  10 32 Stat. 829 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 May 17, 1932, ch. 190 47 Stat. 158 July 4, 1946 60 Stat. 1352 July 16, 1946 60 Stat. 1097 Apr. 7, 1948, ch. 177 62 Stat. 161 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal of section effective 180 days after Oct. 15, 1962 section 4 of Pub. L. 87826  1487, 1488. Repealed. Pub. L. 98213,  16(b) Dec. 8, 1983 97 Stat. 1462   Section 1487, act June 22, 1874, ch. 388 18 Stat. 135  Section 1488, act Apr. 16, 1880, ch. 56 21 Stat. 74  1489. Loss of title of United States to lands in territories through adverse possession or prescription forbidden  On and after March 27, 1934 ( Mar. 27, 1934, ch. 99 48 Stat. 507 July 4, 1946 60 Stat. 1352  Editorial Notes Codification Reference to Philippine Islands omitted in view of independence of Philippines proclaimed by President of United States in Proc. No. 2695, set out under section 1394 of Title 22 section 1394 of Title 22  1490. Repealed. Mar. 3, 1933, ch. 202,  1 47 Stat. 1428   Section, R.S.  1891, related to application of United States Constitution and laws to all organized Territories and in every Territory subsequently organized. Insofar as Territories of Alaska and Hawaii are concerned, it is covered by sections 23 and 495 of this title.  Act July 1, 1902, ch. 1369,  1 32 Stat. 691 Mar. 3, 1933  1491. License, permit, etc., for transportation for storage or storage of spent nuclear fuel or high-level radioactive waste; prerequisites; applicability; territory or possession defined (a) Prior to the granting of any license, permit, or other authorization or permission by any agency or instrumentality of the United States to any person for the transportation of spent nuclear fuel or high-level radioactive waste for interim, long-term, or permanent storage to or for the storage of such fuel or waste on any territory or possession of the United States, the Secretary of the Interior is directed to transmit to the Congress a detailed report on the proposed transportation or storage plan, and no such license, permit, or other authorization or permission may be granted nor may any such transportation or storage occur unless the proposed transportation or storage plan has been specifically authorized by Act of Congress: Provided (b) For the purpose of this section the words territory or possession include the Trust Territory of the Pacific Islands and any area not within the boundaries of the several States over which the United States claims or exercises sovereignty. ( Pub. L. 96205, title VI,  605 Mar. 12, 1980 94 Stat. 90  Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1492. Energy resources of Caribbean and Pacific insular areas (a) Congressional findings The Congress finds that (1) the Caribbean and Pacific insular areas of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau are virtually completely dependent on imported sources of energy; (2) the dependence of such areas on imported sources of energy coupled with the increasing cost and the uncertain availability and supply of such sources of energy will continue to frustrate the political, social, and economic development of such areas by placing increasingly severe fiscal burdens on the local governments of these areas; (3) these insular areas are endowed with a variety of renewable sources of energy which, if developed, would alleviate their dependence on imported sources of energy, relieve the fiscal burden on local governments imposed by the costs of imported fuel, and strengthen the base for political, social, and economic development; (4) appropriate technologies are presently available to develop the renewable energy resources of these insular areas but that comprehensive energy plans have not been adequately developed to meet the energy demands of these areas from renewable energy resources; (5) electric power transmission and distribution lines in insular areas are inadequate to withstand damage caused by the hurricanes and typhoons which frequently occur in insular areas and such damage often costs millions of dollars to repair; and (6) the refinement of renewable energy technologies since the publication of the 1982 Territorial Energy Assessment prepared pursuant to subsection (c) reveals the need to reassess the state of energy production, consumption, infrastructure, reliance on imported energy, opportunities for energy conservation and increased energy efficiency, and indigenous sources in regard to the insular areas. (b) Congressional declaration of policy The Congress declares that it is the policy of the Federal Government to (1) develop the renewable energy resources of the Caribbean and Pacific insular areas of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau; and (2) to assist other insular areas in the Caribbean and Pacific Basin in the development of their renewable energy resources. (c) Comprehensive energy plan The Secretary of Energy or any administrative official who may succeed him shall prepare a comprehensive energy plan with emphasis on indigenous renewable sources of energy for Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands and Palau. The plan shall be prepared with the approval of the Secretary of the Interior and in cooperation with the chief executive officer of each insular area by (1) surveying existing sources and uses of energy; (2) estimating future energy needs to the year 2020, giving due consideration to a range of economic development possibilities; (3) assessing, in depth, the availability and potential for development of indigenous energy sources, including solar, wind, hydropower, ocean current and tidal, biogas, biofuel, geothermal and ocean thermal energy conversion; (4) assessing the mix of energy sources (including fossil fuels) and identifying those technologies that are needed to meet the projected demands for energy; and (5) drafting long-term energy plans for such insular areas with the objective of minimizing their reliance on energy imports and making maximum use of their indigenous energy resources. (d) Demonstration of cost effective renewable energy technologies The Secretary of Energy or any administrative official who may succeed him, with the approval of the Secretary of the Interior, as part of the comprehensive energy planning may demonstrate those indigenous renewable energy technologies which are determined to be most cost effective through the use of existing programs and may implement any projects or programs contained in recommendations of the plan. (e) Updating of plans; submission to Congress (1) The Secretary of the Interior, in consultation with the Secretary of Energy and the head of government of each insular area, shall update the plans required under subsection (c) by (A) updating the contents required by subsection (c); (B) drafting long-term energy plans for such insular areas with the objective of reducing, to the extent feasible, their reliance on energy imports by the year 2012, increasing energy conservation and energy efficiency, and maximizing, to the extent feasible, use of indigenous energy sources; and (C) drafting long-term energy transmission line plans for such insular areas with the objective that the maximum percentage feasible of electric power transmission and distribution lines in each insular area be protected from damage caused by hurricanes and typhoons. (2) In carrying out this subsection, the Secretary of Energy shall identify and evaluate the strategies or projects with the greatest potential for reducing the dependence on imported fossil fuels as used for the generation of electricity, including strategies and projects for (A) improved supply-side efficiency of centralized electrical generation, transmission, and distribution systems; (B) improved demand-side management through (i) the application of established standards for energy efficiency for appliances; (ii) the conduct of energy audits for business and industrial customers; and (iii) the use of energy savings performance contracts; (C) increased use of renewable energy, including (i) solar thermal energy for electric generation; (ii) solar thermal energy for water heating in large buildings, such as hotels, hospitals, government buildings, and residences; (iii) photovoltaic energy; (iv) wind energy; (v) hydroelectric energy; (vi) wave energy; (vii) energy from ocean thermal resources, including ocean thermal-cooling for community air conditioning; (viii) water vapor condensation for the production of potable water; (ix) fossil fuel and renewable hybrid electrical generation systems; and (x) other strategies or projects that the Secretary may identify as having significant potential; and (D) fuel substitution and minimization with indigenous biofuels, such as coconut oil. (3) In carrying out this subsection, for each insular area with a significant need for distributed generation, the Secretary of Energy shall identify and evaluate the most promising strategies and projects described in subparagraphs (C) and (D) of paragraph (2) for meeting that need. (4) In assessing the potential of any strategy or project under paragraphs (2) and (3), the Secretary of Energy shall consider (A) the estimated cost of the power or energy to be produced, including (i) any additional costs associated with the distribution of the generation; and (ii) the long-term availability of the generation source; (B) the capacity of the local electrical utility to manage, operate, and maintain any project that may be undertaken; and (C) other factors the Secretary of Energy considers to be appropriate. (5) Not later than 1 year after August 8, 2005 (f) Authorization of appropriations There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. (g) Financial assistance (1) The Secretary of Energy may grant financial assistance, not to exceed $2,000,000 annually, to insular area governments or private sector persons working in cooperation with insular area governments to carry out projects to evaluate the feasibility of, develop options for, and encourage the adoption of energy efficiency and renewable energy measures which reduce the dependency of the insular areas on imported fuels, improve the quality of the environment, and promote development in the insular areas. (2) Any applicant for financial assistance under this subsection must evidence coordination and cooperation with, and support from, the affected local energy institutions. (3) In determining the amount of financial assistance to be provided for a proposed project, the Secretary shall consider (A) whether the measure will reduce the relative dependence of the insular area on imported fuels; (B) the ease and costs of operation and maintenance of any facilities contemplated as a part of the project; (C) whether the project will rely on the use of conservation measures or indigenous, renewable energy resources that were identified in the 1982 Territorial Energy Assessment or that are identified by the Secretary as consistent with the purposes of this subsection; (D) whether the measure will contribute significantly to development and the quality of the environment in the insular area; and (E) any other factors which the Secretary may determine to be relevant to a particular project. (4)  Power line grants for insular areas. (A)  In general The Secretary of the Interior is authorized to make grants to governments of insular areas of the United States to carry out eligible projects to protect electric power transmission and distribution lines in such insular areas from damage caused by hurricanes and typhoons. (B)  Eligible projects The Secretary of the Interior may award grants under subparagraph (A) only to governments of insular areas of the United States that submit written project plans to the Secretary for projects that meet the following criteria: (i) The project is designed to protect electric power transmission and distribution lines located in 1 or more of the insular areas of the United States from damage caused by hurricanes and typhoons. (ii) The project is likely to substantially reduce the risk of future damage, hardship, loss, or suffering. (iii) The project addresses 1 or more problems that have been repetitive or that pose a significant risk to public health and safety. (iv) The project is not likely to cost more than the value of the reduction in direct damage and other negative impacts that the project is designed to prevent or mitigate. The cost benefit analysis required by this criterion shall be computed on a net present value basis. (v) The project design has taken into consideration long-term changes to the areas and persons it is designed to protect and has manageable future maintenance and modification requirements. (vi) The project plan includes an analysis of a range of options to address the problem it is designed to prevent or mitigate and a justification for the selection of the project in light of that analysis. (vii) The applicant has demonstrated to the Secretary that the matching funds required by subparagraph (D) are available. (C)  Priority When making grants under this paragraph, the Secretary of the Interior shall give priority to grants for projects which are likely to (i) have the greatest impact on reducing future disaster losses; and (ii) best conform with plans that have been approved by the Federal Government or the government of the insular area where the project is to be carried out for development or hazard mitigation for that insular area. (D)  Matching requirement The Federal share of the cost for a project for which a grant is provided under this paragraph shall not exceed 75 percent of the total cost of that project. The non-Federal share of the cost may be provided in the form of cash or services. (E)  Treatment of funds for certain purposes Grants provided under this paragraph shall not be considered as income, a resource, or a duplicative program when determining eligibility or benefit levels for Federal major disaster and emergency assistance. (F)  Authorization of appropriations There are authorized to be appropriated to carry out this paragraph $6,000,000 for each fiscal year beginning after August 8, 2005 (5) For the purposes of this subsection (A) the term insular area means American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Republic of Palau, and the Virgin Islands; and (B) the term 1982 Territorial Energy Assessment means the comprehensive energy plan prepared by the Secretary of Energy pursuant to subsection (c). ( Pub. L. 96597, title VI,  604 Dec. 24, 1980 94 Stat. 3480 Pub. L. 98213,  7 Dec. 8, 1983 97 Stat. 1460 Pub. L. 102486, title XXVII,  2701 Oct. 24, 1992 106 Stat. 3118 Pub. L. 10958, title II,  251 Aug. 8, 2005 119 Stat. 679  Editorial Notes  References in Text August 8, 2005 Pub. L. 10958 Amendments 2005Subsec. (a)(5), (6). Pub. L. 10958,  251(1) Subsec. (e). Pub. L. 10958,  251(3) December 24, 1980 Subsec. (g)(4). Pub. L. 10958,  251(4) section 1469a(d) of this title 1992Subsec. (g). Pub. L. 102486 1983Subsec. (d). Pub. L. 98213 Statutory Notes and Related Subsidiaries  Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007  1492a. Study of electric rates in the insular areas (a) Definitions In this section: (1) Comprehensive energy plan The term comprehensive energy plan means a comprehensive energy plan prepared and updated under subsections (c) and (e) of section 1492 of this title (2) Energy action plan The term energy action plan means the plan required by subsection (d). (3) Freely Associated States The term Freely Associated States means the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (4) Insular areas The term insular areas means American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, Guam, and the Virgin Islands. (5) Secretary The term Secretary means the Secretary of the Interior, except that, with respect to Puerto Rico, the term means, the Secretary of Energy. (6) Team The term team means the team established by the Secretary under subsection (b). (b) Establishment Not later than 180 days after December 16, 2014 June 30, 2016 (1) to develop an energy action plan addressing the energy needs of each of the insular areas and Freely Associated States; and (2) to assist each of the insular areas and Freely Associated States in implementing such plan. (c) Participation of regional utility organizations In establishing the team, the Secretary shall consider including regional utility organizations. (d) Energy action plan In accordance with subsection (b), the energy action plan shall include (1) recommendations, based on the comprehensive energy plan where applicable, to (A) reduce reliance and expenditures on fuel shipped to the insular areas and Freely Associated States from ports outside the United States; (B) develop and utilize domestic fuel energy sources; and (C) improve performance of energy infrastructure and overall energy efficiency; (2) a schedule for implementation of such recommendations and identification and prioritization of specific projects; (3) a financial and engineering plan for implementing and sustaining projects; and (4) benchmarks for measuring progress toward implementation. (e) Reports to Secretary Not later than 1 year after the date on which the Secretary establishes the team and annually thereafter, the team shall submit to the Secretary a report detailing progress made in fulfilling its charge and in implementing the energy action plan. (f) Annual reports to Congress Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (e), the Secretary shall submit to the appropriate committees of Congress a summary of the report of the team. (g) Approval of Secretary required The energy action plan shall not be implemented until the Secretary approves the energy action plan. ( Pub. L. 113235,  9 Dec. 16, 2014 128 Stat. 2133 Pub. L. 114187, title V,  505(d) June 30, 2016 130 Stat. 602  Editorial Notes Codification Section is from the Consolidated and Further Continuing Appropriations Act, 2015. Amendments 2016Subsec. (a)(5). Pub. L. 114187,  505(d)(1) Subsec. (b). Pub. L. 114187,  505(d)(2) June 30, 2016 December 16, 2014  1493. Prosecution; authorization to seek review; local or Federal appellate courts; decisions, judgments or orders The prosecution in a territory or Commonwealth is authorizedunless precluded by local lawto seek review or other suitable relief in the appropriate local or Federal appellate court, or, where applicable, in the Supreme Court of the United States from (a) a decision, judgment, or order of a trial court dismissing an indictment or information as to any one or more counts, except that no review shall lie where the constitutional prohibition against double jeopardy would further prosecution; (b) a decision or order of a trial court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the prosecution certifies to the trial court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding; and (c) an adverse decision, judgment, or order of an appellate court. ( Pub. L. 98454, title X,  1003 Oct. 5, 1984 98 Stat. 1746  Statutory Notes and Related Subsidiaries Effective Date Section effective on ninetieth day following Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title  1494. Purposes  The purposes of sections 1494 to 1494c of this title are to improve enforcement of drug laws and enhance interdiction of illicit drug shipments in the Caribbean and Pacific territories and commonwealths of the United States and the Trust Territory of the Pacific Islands (or successor governments) and to assist public and private sector drug abuse and other substance prevention and treatment programs in United States associated insular areas. ( Pub. L. 99570, title V,  5002 Oct. 27, 1986 100 Stat. 3207154 Pub. L. 100690, title IX,  9308 Nov. 18, 1988 102 Stat. 4538  Editorial Notes Amendments 1988 Pub. L. 100690 Statutory Notes and Related Subsidiaries Short Title of 1988 Amendment Pub. L. 100690, title IX,  9301(a) Nov. 18, 1988 102 Stat. 4535 This subtitle [subtitle D ( 93019310) of title IX of Pub. L. 100690 section 1494c of this title section 10603 of Title 42 Short Title Pub. L. 99570, title V,  5001 Oct. 27, 1986 100 Stat. 3207154 This subtitle [subtitle A ( 50015004) of title V of Pub. L. 99570 Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1494a. Annual reports to Congress (a) In general The President shall report annually to the Congress as to (1) the efforts and success of Federal agencies in preventing the illegal entry into the United States of controlled substances from the insular areas of the United States outside the customs territory of the United States, the Trust Territory of the Pacific Islands, and states freely associated with the United States and the nature and extent of such illegal entry, and (2) the efforts and success of Federal agencies in preventing the illegal entry from other nations, including states freely associated with the United States, of controlled substances into the United States territories, the Trust Territory of the Pacific Islands, and the commonwealths for use in the territories, the Trust Territory of the Pacific Islands, and commonwealths or for transshipment to the United States and the nature and extent of such illegal entry and use. (b) Transmission date The annual reports required by subsection (a) shall be transmitted to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate not later than the first day of October each year. ( Pub. L. 99570, title V,  5003 Oct. 27, 1986 100 Stat. 3207155 Pub. L. 100690, title IX,  9309 Nov. 18, 1988 102 Stat. 4539 Pub. L. 103437,  17(a)(3) Nov. 2, 1994 108 Stat. 4595  Editorial Notes Amendments 1994Subsec. (b). Pub. L. 103437 1988 Pub. L. 100690 Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1494b. Enforcement and administration in insular areas (a) American Samoa (1) With the approval of the Attorney General of the United States or his designee, law enforcement officers of the Government of American Samoa are authorized to (A) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (B) make arrests without warrant; and (C) make seizures of property to carry out the purposes of sections 1494 to 1494c of this title, the Controlled Substances Import and Export Act ( 21 U.S.C. 951970 (2) The Attorney General and the Secretaries of Education and Health and Human Services of the United States, as appropriate, are authorized to and, upon request of the Government of American Samoa, shall (A) train law enforcement officers and other personnel of the Government of American Samoa, and (B) provide by purchase or lease law enforcement equipment and technical assistance to the Government of American Samoa to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or territorial drug or other substance abuse laws. (3) There are authorized to be appropriated $350,000 for fiscal year 1989 and annually thereafter for grants to the Government of American Samoa to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services to carry out the purposes of sections 1494 to 1494c of this title, to remain available until expended. (4) The Secretary of the Treasury in consultation with the Secretary of the Interior shall provide the Government of American Samoa with a vessel to be used in the enforcement of narcotics and other laws. There are authorized to be appropriated $500,000 for this purpose. (b) Guam (1) The Attorney General and the Secretaries of Education and Health and Human Services of the United States may provide and, upon request of the Government of Guam, shall provide appropriate training, technical assistance and equipment to the Government of Guam to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or territorial drug or other substance abuse law. (2) There are authorized to be appropriated $500,000 for fiscal year 1989 and annually thereafter for grants to the Government of Guam to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services, to carry out the purposes of sections 1494 to 1494c of this title, to remain available until expended. (3) There are authorized to be appropriated to the Government of Guam $500,000 for grants to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General for drug abuse law enforcement equipment. (c) Northern Mariana Islands (1) With the approval of the Attorney General of the United States or his designee, law enforcement officers of the Government of the Northern Mariana Islands are authorized to (A) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (B) make arrests without warrant; and (C) make seizures of property to carry out the purposes of sections 1494 to 1494c of this title, the Controlled Substances Import and Export Act ( 21 U.S.C. 951970 (2) The Attorney General and the Secretaries of Education and Health and Human Services of the United States, as appropriate, are authorized to and, upon request of the Government of the Northern Mariana Islands, shall (A) train law enforcement officers and other personnel of the Government of the Northern Mariana Islands, and (B) provide, by purchase or lease, law enforcement equipment and technical assistance to the Government of the Northern Mariana Islands to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or commonwealth drug or other substance abuse law. (3) There are authorized to be appropriated $125,000 for fiscal year 1989 and annually thereafter for grants to the Government of the Northern Mariana Islands to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services to carry out the purposes of sections 1494 to 1494c of this title, to remain available until expended. (4) Federal personnel and equipment assigned to Guam pursuant to subsection (b) of this section shall also be available to carry out the purposes of sections 1494 to 1494c of this title in the Northern Mariana Islands. (d) Puerto Rico (1) There are authorized to be appropriated for grants to the Government of Puerto Rico $7,000,000 for fiscal year 1989 and $2,000,000 annually thereafter for grants to the Government of Puerto Rico to carry out the purposes of sections 1494 to 1494c of this title to be expended in accordance with a plan approved by the Executive Director of the White House Task Force on Puerto Rico in consultation with the Attorney General and the Secretaries of Education and Health and Human Services, to remain available until expended. (2) The United States Customs Service should station an aerostat in Puerto Rico. (3) Equipment provided to the Government of Puerto Rico pursuant to paragraph (1) of this subsection shall be made available upon request to the Federal agencies involved in drug interdiction in Puerto Rico. (4) (A) The Attorney General and the Secretaries of Education and Health and Human Services of the United States may provide and, upon request of the Government of Puerto Rico, shall provide appropriate training, technical assistance and equipment to the Government of Puerto Rico to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or commonwealth drug or other substance abuse law. (B) There are authorized to be appropriated such sums as may be necessary to carry out subparagraph (A). Funds appropriated under this subparagraph shall remain available until expended. (e) Virgin Islands (1) There are authorized to be appropriated for grants to the Government of the Virgin Islands, $2,000,000 for fiscal year 1990 and annually thereafter to carry out the purposes of sections 1494 to 1494c of this title to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services, to remain available until expended. (2) The United States Coast Guard shall station a patrol vessel in St. Croix, Virgin Islands. (3) (A) The Attorney General and the Secretaries of Education and Health and Human Services of the United States may provide and, upon request of the Government of the Virgin Islands, shall provide appropriate training, technical assistance and equipment to the Government of the United States Virgin Islands to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or territorial drug or other substance abuse law. (B) There are authorized to be appropriated such sums as may be necessary to carry out subparagraph (A). Funds appropriated under this subparagraph shall remain available until expended. (4) To assist in the prosecution of the violation of the narcotics laws of the United States, the Attorney General of the United States shall assign the necessary personnel to serve in the office of the United States Attorney for the Virgin Islands appointed pursuant to section 1617 of this title (5) Effective fiscal year 1989, there are authorized to be appropriated for a grant to the Government of the Virgin Islands $2,500,000 to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Secretary of Health and Human Services for a substance abuse facility. (f) Palau (1) The Attorney General and the Secretaries of Education and Health and Human Services are authorized to and, upon request of the Government of Palau, shall provide appropriate training, technical assistance, and equipment to carry out the purposes of sections 1494 to 1494c of this title and any other applicable Federal or insular drug or other substance abuse laws. (2) There are authorized to be appropriated $500,000 for fiscal year 1989 and annually thereafter for grants to the Government of Palau to be expended in accordance with a plan to be approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education, State, and Health and Human Services to carry out the purposes of sections 1494 to 1494c of this title. (3) To the extent not prohibited under the Constitution of Palau, upon written request of the President of Palau, the Drug Enforcement Administration, the Federal Bureau of Investigation, the Secret Service, the Immigration and Naturalization Service, and the Customs Service are authorized to investigate any United States criminal laws which are applicable in Palau in cooperation with law enforcement agencies of Palau. ( Pub. L. 99570, title V,  5004 Oct. 27, 1986 100 Stat. 3207155 Pub. L. 100690, title IX Nov. 18, 1988 102 Stat. 45364538  Editorial Notes  References in Text The Controlled Substances Import and Export Act, referred to in subsecs. (a)(1)(C), (c)(1)(C), is title III of Pub. L. 91513 Oct. 27, 1970 84 Stat. 1285 section 951 of Title 21 Sections 1494 to 1494c of this title, referred to in subsecs. (a)(3), (b)(2), (c)(3), (d)(1), (e)(1), and (f)(1), (2), was in the original this Act, and was translated as reading this subtitle meaning subtitle A of title V of Pub. L. 99570 section 1494 of this title Amendments 1988Subsec. (a)(2). Pub. L. 100690,  9302(1) Subsec. (a)(3). Pub. L. 100690,  9302(2) Subsec. (a)(4). Pub. L. 100690,  9302(3) Subsec. (b)(1). Pub. L. 100690,  9303(1) Subsec. (b)(2). Pub. L. 100690,  9303(2) Subsec. (b)(3). Pub. L. 100690,  9303(3) Subsec. (c)(2). Pub. L. 100690,  9304(1) Subsec. (c)(3). Pub. L. 100690,  9304(2) Subsec. (d)(1). Pub. L. 100690,  9305(1) (A) $3,300,000 for the purchase of 2 helicopters; (B) $3,500,000 for the purchase of an aircraft; and (C) $1,000,000 for the purchase and maintenance of 5 high-speed vessels. Sums appropriated under this paragraph shall remain available until expended. Subsec. (d)(4)(A). Pub. L. 100690,  9305(2) Subsec. (e)(1). Pub. L. 100690,  9306(b)(1) (A) $3,000,000 for 2 patrol vessels, tracking equipment, supplies, and agents, and (B) $1,000,000 for programs to prevent and treat narcotics abuse, such sums to remain available until expended. Subsec. (e)(2). Pub. L. 100690,  9306(b)(2) Subsec. (e)(3)(A). Pub. L. 100690,  9306(b)(3) Subsec. (e)(4), (5). Pub. L. 100690,  9306(b)(4) Subsec. (f). Pub. L. 100690,  9307 Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6 For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8  1494c. Drug Enforcement Agency personnel assignments  To assist in the enforcement of the controlled substances laws of the United States in coordination with law enforcement officers in insular areas in the eastern Caribbean and in the central and western Pacific, the Administrator of the Drug Enforcement Administration shall assign appropriate personnel and other resources to the Virgin Islands and Guam. ( Pub. L. 99570, title V,  5005 Pub. L. 100690, title IX,  9310 Nov. 18, 1988 102 Stat. 4539 CHAPTER 11 ALIEN OWNERS OF LAND    Sec.  1501. Lands in Territories.  1502. Previously acquired lands; bona fide resident aliens; mining or incorporated village lands.  1503. Acquisition by inheritance, in collection of debts, etc.  1504. Conveyance of lands in Territories by aliens before escheat proceedings.  1505. Proceedings for escheat of improperly held lands.  1506. Condemnation and sale of lands in escheat proceedings.  1507. Public lands.  1508. Application to District of Columbia.  1509 1512. Omitted.  1501. Lands in Territories  No alien or person who is not a citizen of the United States, or who has not declared his intention to become a citizen of the United States in the manner provided by law shall acquire title to or own any land in any of the Territories of the United States except as hereinafter provided. The prohibition of this section shall not apply to cases in which the right to hold or dispose of lands in the United States is secured by existing treaties to citizens or subjects of foreign countries, which rights, so far as they may exist by force of any such treaty, shall continue to exist so long as such treaties are in force, and no longer. ( Mar. 3, 1887, ch. 340,  1 24 Stat. 476 Mar. 2, 1897, ch. 363 29 Stat. 618  Editorial Notes Codification Section was formerly classified to section 71 of Title 8  1502. Previously acquired lands; bona fide resident aliens; mining or incorporated village lands  This chapter shall not apply to land owned in any of the Territories of the United States by aliens, which was acquired on or before March 3, 1887 ( Mar. 3, 1887, ch. 340,  2 24 Stat. 477 Mar. 2, 1897, ch. 363 29 Stat. 618  Editorial Notes Codification Section was formerly classified to section 72 of Title 8  1503. Acquisition by inheritance, in collection of debts, etc.  This chapter shall not prevent aliens from acquiring lands or any interests therein by inheritance or in the ordinary course of justice in the collection of debts, nor from acquiring liens on real estate or any interest therein, nor from lending money and securing the same upon real estate or any interest therein; nor from enforcing any such lien, nor from acquiring and holding title to such real estate, or any interest therein, upon which a lien may have heretofore or may hereafter be fixed, or upon which a loan of money may have been heretofore or hereafter may be made and secured. All lands so acquired shall be sold within ten years after title shall be perfected in him under said sale or the same shall escheat to the United States and be forfeited as provided in sections 1504 to 1507 of this title. ( Mar. 3, 1887, ch. 340,  3 24 Stat. 477 Mar. 2, 1897, ch. 363 29 Stat. 618  Editorial Notes Codification Section was formerly classified to section 73 of Title 8  1504. Conveyance of lands in Territories by aliens before escheat proceedings  Any alien who shall hold lands in any of the Territories of the United States in contravention of the provisions of this chapter may nevertheless convey his title thereto at any time before the institution of escheat proceedings as hereinafter provided. If any such conveyance shall be made by such alien, either to an alien or to a citizen of the United States, in trust and for the purpose and with the intention of evading the provisions of this chapter, such conveyance shall be null and void, and any such lands so conveyed shall be forfeited and escheat to the United States. ( Mar. 3, 1887, ch. 340,  4 24 Stat. 477 Mar. 2, 1897, ch. 363 29 Stat. 618  Editorial Notes Codification Section was formerly classified to section 74 of Title 8  1505. Proceedings for escheat of improperly held lands  It shall be the duty of the Attorney General of the United States, when he shall be informed or have reason to believe that lands in any of the Territories of the United States are being held contrary to the provisions of this chapter, to institute or cause to be instituted suit in behalf of the United States in the district court of the Territory in the district where such land or a part thereof may be situated, praying for the escheat of the same on behalf of the United States to the United States. Before any such suit is instituted the Attorney General shall give or cause to be given ninety days notice by registered letter of his intention to sue, or by personal notice directed to or delivered to the owner of said land, or the person who last rendered the same for taxation, or his agent, and to all other persons having an interest in such lands of which he may have actual or constructive notice. In the event personal notice cannot be obtained in some one of the modes above provided, then said notice shall be given by publication in some newspaper published in the county where the land is situate, and if no newspaper is published in said county then the said notice shall be published in some newspaper nearest said county. ( Mar. 3, 1887, ch. 340,  5 Mar. 2, 1897, ch. 363 29 Stat. 619  Editorial Notes Codification Section was formerly classified to section 75 of Title 8  1506. Condemnation and sale of lands in escheat proceedings  If it shall be determined upon the trial of any such escheat proceedings that the lands are held contrary to the provisions of this chapter, the court trying said cause shall render judgment condemning such lands and shall order the same to be sold as under execution; and the proceeds of such sale, after deducting costs of such suit, shall be paid to the clerk of such court so rendering judgment, and said fund shall remain in the hands of such clerk for one year from the date of such payment, subject to the order of the alien owner of such lands, or his heirs or legal representatives; and if not claimed within the period of one year, such clerk shall pay the same into the treasury of the Territory in which the lands may be situated, for the benefit of the available school fund of said Territory. The defendant in any such escheat proceedings may, at any time before final judgment, suggest and show to the court that he has conformed with the law, either becoming a bona fide resident of the United States, or by declaring his intention of becoming a citizen of the United States, or by the doing or happening of any other act which, under the provisions of this chapter, would entitle him to hold or own real estate, which being admitted or proved, such suit shall be dismissed on payment of costs and a reasonable attorney fee to be fixed by the court. ( Mar. 3, 1887, ch. 340,  6 Mar. 2, 1897, ch. 363 29 Stat. 619  Editorial Notes Codification Section was formerly classified to section 76 of Title 8  1507. Public lands  This chapter shall not in any manner be construed to authorize aliens to acquire title from the United States to any of the public lands of the United States or to in any manner affect or change the laws regulating the disposal of the public lands of the United States. ( Mar. 3, 1887, ch. 340,  7 Mar. 2, 1897, ch. 363 29 Stat. 619 Feb. 23, 1905, ch. 733,  1 33 Stat. 733  Editorial Notes Codification Act Feb. 23, 1905 section 1508 of this title Section was formerly classified to section 77 of Title 8  1508. Application to District of Columbia  Aliens shall have the same rights and privileges concerning the acquisition, holding, owning, and disposition of real estate in the District of Columbia as are conferred upon aliens in respect of real estate in the Territories of the United States by this chapter. ( Feb. 23, 1905, ch. 733,  1 33 Stat. 733  Editorial Notes Codification Section was formerly classified to section 78 of Title 8 Section was not enacted as part of act Mar. 3, 1887, ch. 340 24 Stat. 476 Statutory Notes and Related Subsidiaries Repeals Act Feb. 23, 1905, ch. 733,  2 33 Stat. 733  1509 to 1512. Omitted  Editorial Notes Codification Sections 1509 to 1512, relating to Territory of Hawaii, were omitted in view of the admission of Hawaii into the Union. Sections were formerly classified to sections 83 to 86 of Title 8, Aliens and Nationality. Section 1509, acts Apr. 30, 1900, ch. 339,  73(f) 31 Stat. 154 May 27, 1910, ch. 258,  5 36 Stat. 444 July 9, 1921, ch. 42,  304 42 Stat. 117 section 667 of this title Section 1510, acts Apr. 30, 1900, ch. 339,  73(g) 31 Stat. 154 May 27, 1910, ch. 258,  5 36 Stat. 444 July 9, 1921, ch. 42,  304 42 Stat. 117 section 668 of this title Section 1511, acts Apr. 30, 1900, ch. 338,  73(j) 31 Stat. 154 May 27, 1910, ch. 258,  5 36 Stat. 444 July 9, 1921, ch. 42,  306 42 Stat. 118 section 671 of this title Section 1512, acts Apr. 30, 1900, ch. 339,  73 l 31 Stat. 154 May 27, 1910, ch. 258,  5 36 Stat. 444 July 9, 1921, ch. 42,  308 42 Stat. 118 section 673 of this title CHAPTER 12 VIRGIN ISLANDS [1954]    SUBCHAPTER IGENERAL PROVISIONS  Sec.  1541. Organization and status.  1542. Voting franchise; discrimination prohibited.  1543. United States citizenship requirement for government officials.  1544. Reports by Governor; jurisdiction of Secretary of the Interior; exceptions.  1545. Lease and sale of public property; conveyance of title in certain lands to the government of Virgin Islands.  1546. Authorization of appropriations.  SUBCHAPTER IIBILL OF RIGHTS  1561. Rights and prohibitions.  SUBCHAPTER IIILEGISLATIVE BRANCH  1571. Legislature.  1572. Legislators.  1573. Time, frequency, and duration of regular sessions; special sessions; place of holding.  1574. Legislative powers and activities.  15741. Applicability of laws referred to in section 502(a)(1) of Covenant to Establish a Commonwealth of the Northern Mariana Islands.  1574a. Revenue bonds or other obligations.  1574b. Federal guarantee for issuance of revenue bonds or other obligations.  1574c. Priority for payment of principal and interest of revenue bonds or other obligations.  1574d. Repealed.  1575. Legislative procedure.  1576. General elections; time; transfer of Council functions, property, etc.  SUBCHAPTER IVEXECUTIVE BRANCH  1591. Governor and Lieutenant Governor; election; eligibility; official residence; powers and duties; report.  1592. Repealed.  1593. Initiative and recall.  1594. Repealed.  1595. Vacancy in office of Governor or Lieutenant Governor.  1596. Repealed.  1597. Reorganization of government.  1598. Omitted.  1599. Transfer of functions from government comptroller for Virgin Islands to Inspector General, Department of the Interior.  SUBCHAPTER VJUDICIAL BRANCH  1611. District Court of Virgin Islands; local courts; jurisdiction; practice and procedure.  1612. Jurisdiction of District Court.  1613. Relations between courts of United States and courts of Virgin Islands; review by United States Court of Appeals for Third Circuit; reports to Congress; rules.  1613a. Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Third Circuit; rules; appeals to appellate court.  1614. Judges of District Court.  1615. Judicial divisions.  1616. Trial by jury.  1617. United States attorney; appointment; duties.  SUBCHAPTER VISYSTEM OF ACCOUNTS  1631. Establishment and maintenance; scope.  1632. Repealed.  SUBCHAPTER VIIFISCAL PROVISIONS  1641. Method of payment of official salaries.  1642. Use of certain proceeds for expenditure; income tax obligations of inhabitants.  1642a. Availability of collected customs duties for expenditures as Legislature may provide.  1643. Import provisions with respect to trade-marks.  1644. Import duties on articles entering United States or possessions from Virgin Islands.  1645. Remittance of duties, taxes, and fees to be collected in next fiscal year; authorization, prerequisites, amount, etc.  Statutory Notes and Related Subsidiaries Constitutions for Virgin Islands and Guam: Establishment; Congressional Authorization Pub. L. 94584 Oct. 21, 1976 90 Stat. 2899 Pub. L. 96597, title V,  501 Dec. 24, 1980 94 Stat. 3479 Pub. L. 111194,  2 June 30, 2010 124 Stat. 1310  [Section 1. Authorization to organize governments] That the Congress, recognizing the basic democratic principle of government by the consent of the governed, authorizes the peoples of the Virgin Islands and of Guam, respectively, to organize governments pursuant to constitutions of their own adoption as provided in this Act. Sec. 2. [Constitutional conventions and draft provisions] (a) The Legislatures of the Virgin Islands and Guam, respectively, are authorized to call constitutional conventions to draft, within the existing territorial-Federal relationship, constitutions for the local self-government of the people of the Virgin Islands and Guam. (b) Such constitutions shall (1) recognize, and be consistent with, the sovereignty of the United States over the Virgin Islands and Guam, respectively, and the supremacy of the provisions of the Constitution, treaties, and laws of the United States applicable to the Virgin Islands and Guam, respectively, including, but not limited to, those provisions of the Organic Act [section 1405 et seq. of this title] and Revised Organic Act of the Virgin Islands [this chapter] and the Organic Act of Guam [section 1421 et seq. of this title] which do not relate to local self-government. (2) provide for a republican form of government, consisting of three branches: executive, legislative, and judicial; (3) contain a bill of rights; (4) deal with the subject matter of those provisions of the Revised Organic Act of the Virgin Islands of 1954, as amended, and the Organic Act of Guam, as amended, respectively, which relate to local self-government; (5) with reference to Guam, provided that the voting franchise may be vested only in residents of Guam who are citizens of the United States; (6) provide for a system of local courts consistent with the provisions of the Revised Organic Act of the Virgin Islands, as amended; and (7) provide for the establishment of a system of local courts the provisions of which shall become effective no sooner than upon the enactment of legislation regulating the relationship between the local courts of Guam with the Federal judicial system. Sec. 3. [Selection and qualification of members] The members of such constitutional conventions shall be chosen as provided by the laws of the Virgin Islands and Guam, respectively (enacted after the date of enactment of this Act [ Oct. 21, 1976 Provided, however Sec. 4. [Submittal of proposed constitutions to governors and President] The conventions shall submit to the Governor of the Virgin Islands a proposed constitution for the Virgin Islands and to the Governor of Guam a proposed constitution for Guam which shall comply with the requirements set forth in section 2(b) above. Such constitutions shall be submitted to the President of the United States by the Governors of the Virgin Islands and Guam. Sec. 5. [Transmittal to Congress and submittal to voters] (a) Within sixty calendar days after the respective date on which he has received each constitution, the President shall transmit such constitution together with his comments to the Congress. (b) The constitution, in each case, shall be deemed to have been approved by the Congress within 60 legislative days after its submission by the President, unless prior to that date the Congress has approved the constitution, or modified or amended it, in whole or in part, or has urged the constitutional convention to reconvene, by joint resolution. (c)  Revision of Proposed Constitution. (1)  In general If a convention reconvenes and revises the proposed constitution, the convention shall resubmit the revised proposed constitution simultaneously to the Governor of the Virgin Islands and the President. (2)  Comments of president Not later than 60 calendar days after the date of receipt of the revised proposed constitution, the President shall (A) notify the convention, the Governor, and Congress of the comments of the President on the revised proposed constitution; and (B) publish the comments in the Federal Register. (d) As so approved or modified under subsection (b) (or, if revised pursuant to subsection (c), on publication of the comments of the President in the Federal Register), the constitutions shall be submitted to the qualified voters of the Virgin Islands and Guam, respectively, for acceptance or rejection through islandwide referendums to be conducted as provided under the laws of the Virgin Islands and Guam, respectively, (enacted after the date of enactment of this Act) [ Oct. 21, 1976 (e) Upon approval by not less than a majority of the votes (counting only the affirmative or negative votes) participating in such referendums, the constitutions shall become effective in accordance with their terms. SUBCHAPTER I GENERAL PROVISIONS  1541. Organization and status (a) Composition and territorial designation The provisions of this chapter and the name Virgin Islands as used in this chapter, shall apply to and include the territorial domain, islands, cays, and waters acquired by the United States through cession of the Danish West Indian Islands by the convention between the United States of America and His Majesty the King of Denmark entered into August 4, 1916 September 7, 1916 39 Stat. 1706 (b) Powers and legal status of government; capital and seat of government The government of the Virgin Islands shall have the powers set forth in this chapter and shall have the right to sue by such name and in cases arising out of contract, to be sued: Provided The capital and seat of government of the Virgin Islands shall be located at the city of Charlotte Amalie, in the island of Saint Thomas. (c) Administrative supervision by Secretary of the Interior The relations between such government and the Federal Government in all matters not the program responsibility of another Federal department or agency shall be under the general administrative supervision of the Secretary of the Interior. ( July 22, 1954, ch. 558,  2 68 Stat. 497 Pub. L. 90496,  13 Aug. 23, 1968 82 Stat. 842  Editorial Notes  References in Text This chapter, referred to in subsecs. (a) and (b), was in the original this Act, meaning act July 22, 1954, ch. 558 68 Stat. 497 section 7652(b)(3) of Title 26 Amendments 1968Subsec. (c). Pub. L. 90496 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970 Jan. 1, 1970 Pub. L. 90496 Jan. 4, 1971 section 16 of Pub. L. 90496 section 1591 of this title Effective Date Act July 22, 1954, ch. 558,  34 68 Stat. 510 This Act [see Short Title note below] shall take effect upon its approval [ July 22, 1954 July 22, 1954 Short Title of 1968 Amendment Pub. L. 90496,  17 Aug. 23, 1968 82 Stat. 842 This Act [enacting section 336 of Title 10 section 1591 of this title Short Title of 1959 Amendment Pub. L. 86289,  1 Sept. 16, 1959 73 Stat. 568 That this Act [amending sections 1573, 1597, and 1617 of this title] may be cited as the Virgin Islands Organic Act Amendments of 1959. Short Title Act July 22, 1954, ch. 558,  1 68 Stat. 497 This Act [enacting this chapter, amending sections 104 and 111 of Title 21, Food and Drugs, and sections 3350 of former Title 26, Internal Revenue Code (see section 7652(b)(3) of Title 26 Separability Act July 22, 1954, ch. 558,  36 68 Stat. 510 If any clause, sentence, paragraph, or part of this Act [see Short Title note above], or the application thereof to any person, or circumstances, is held invalid, the application thereof to other persons, or circumstances, and the remainder of the Act, shall not be affected thereby. Virgin Islands of the United States Centennial Commission Pub. L. 114224 Sept. 29, 2016 130 Stat. 921  SECTION 1. SHORT TITLE. This Act may be cited as the Virgin Islands of the United States Centennial Commission Act. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Virgin Islands of the United States Centennial Commission (in this Act referred to as the Commission). SEC. 3. DUTIES OF COMMISSION. The Commission shall (1) plan, develop, and carry out such activities as the Commission determines to be appropriate to commemorate the 100th anniversary of the Virgin Islands of the United States becoming an unincorporated territory of the United States; (2) provide advice and assistance to Federal, State, and local governmental agencies, as well as civic groups to carry out activities to commemorate the 100th anniversary of the Virgin Islands of the United States becoming an unincorporated territory of the United States; and (3) submit to the President and Congress the reports required pursuant to section 7. SEC. 4. MEMBERSHIP. (a)  Number and Appointment The Commission shall be composed of 8 members as follows: (1) The Assistant Secretary of the Interior for Insular Affairs or a designee of the Assistant Secretary. (2) One member appointed by the Governor of the Virgin Islands of the United States or a designee of the Governor. (3) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives. (4) One Member of the House of Representatives appointed by the minority leader of the House of Representatives. (5) Two Members of the Senate appointed by the majority leader of the Senate. (6) One Member of the Senate appointed by the minority leader of the Senate. (b)  Terms Each member of the Commission shall be appointed for the life of the Commission. (c)  Deadline for Appointment All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act [ Sept. 29, 2016 (d)  Vacancies A vacancy on the Commission shall (1) not affect the powers of the Commission; and (2) be filled in the manner in which the original appointment was made. (e)  Rates of Pay Members shall not receive compensation for the performance of duties on behalf of the Commission. (f)  Travel Expenses Each member of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from home or regular place of business of the member, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g)  Quorum A majority of the members of the Commission shall constitute a quorum to conduct business, but two or more members may hold hearings. (h)  Chairperson The chairperson of the Commission shall be selected by a majority vote of the members of the Commission. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a)  Director and Staff The Commission shall appoint an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (b)  Applicability of Certain Civil Service Laws The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay for the executive director and other staff may not exceed the rate payable for level III of the Executive Schedule under section 5314 of such title. (c)  Detail of Federal Employees Upon request of the Commission, the Secretary of the Interior or the Archivist of the United States may detail, on a reimbursable basis, any of the personnel of the Department of the Interior or the National Archives and Records Administration, respectively[,] to the Commission to assist the Commission to perform the duties of the Commission. (d)  Experts and Consultants The Commission may procure such temporary and intermittent services from experts and consultants as are necessary to enable the Commission to perform the duties of the Commission. (e)  Volunteer and Uncompensated Services Notwithstanding section 1342 of title 31 SEC. 6. POWERS OF COMMISSION. (a)  Hearings The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b)  Mails The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c)  Obtaining Official Data The Commission may secure directly from any Federal agency information necessary to enable the Commission to perform the duties of the Commission. Upon request of the chairperson of the Commission, the head of that Federal agency shall furnish that information to the Commission. (d)  Gifts, Bequests, Devises The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (e)  Available Space Upon the request of the Commission, the Administrator of General Services shall make available to the Commission, at a normal rental rate for Federal agencies, such assistance and facilities as may be necessary for the Commission to perform the duties of the Commission. (f)  Contract Authority The Commission may enter into contracts with and compensate the Federal Government, State and local governments, private entities, or individuals to enable the Commission to perform the duties of the Commission. SEC. 7. REPORTS. (a)  Annual Reports Not later than January 31 of each year, and annually thereafter until the final report is submitted pursuant to subsection (b), the Commission shall submit to the President and the Congress a report on (1) the activities of the Commission; and (2) the revenue and expenditures of the Commission, including a list of each gift, bequest, or devise to the Commission with a value of more than $250, including the identity of the donor of each gift, bequest, or devise. (b)  Final Report Not later than January 31, 2018 (1) a summary of the activities of the Commission; and (2) a final accounting of funds received and expended by the Commission. SEC. 8. ANNUAL AUDIT. The Inspector General of the Department of the Interior (1) may perform an audit of the Commission; (2) shall make the results of any such audit available to the public; and (3) shall transmit such results to the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 9. DEFINITIONS. In this Act: (1)  Federal agency The term Federal agency has the meaning given the term agency in section 551 of title 5 (2)  State The term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe. SEC. 10. TERMINATION. The Commission shall terminate on September 30, 2018 SEC. 11. NO ADDITIONAL FUNDS AUTHORIZED. No Federal funds are authorized or may be obligated to carry out this Act. Congressional Approval of Proposed Constitution for United States Virgin Islands Pub. L. 9721 July 9, 1981 95 Stat. 105 Public Law 94584 Submerged Lands, Conveyance to Territory Conveyance of submerged lands to the government of the Virgin Islands, see section 1701 et seq. of this title.  1542. Voting franchise; discrimination prohibited (a) The franchise shall be vested in residents of the Virgin Islands who are citizens of the United States, twenty-one years of age or over. Additional qualifications may be prescribed by the legislature: Provided, however (b) The legislature shall have authority to enact legislation establishing the voting age for residents of the Virgin Islands at an age not lower than eighteen years of age, if a majority of the qualified voters in the Virgin Islands approve in a referendum election held for that purpose. ( July 22, 1954, ch. 558,  4 68 Stat. 498 Pub. L. 91460 Oct. 16, 1970 84 Stat. 978  Editorial Notes Amendments 1970 Pub. L. 91460  1543. United States citizenship requirement for government officials  All members of the Legislature of the Virgin Islands, the Governor, the Lieutenant Governor, all judges and all officials of the government of the Virgin Islands who report directly to the Governor shall be citizens of the United States. ( July 22, 1954, ch. 558,  29 68 Stat. 509 Pub. L. 98213,  5(a) Dec. 8, 1983 97 Stat. 1460  Editorial Notes Amendments 1983 Pub. L. 98213  1544. Reports by Governor; jurisdiction of Secretary of the Interior; exceptions  All reports required by law to be made by the Governor to any official of the United States shall hereafter be made to the Secretary of the Interior, and the President is authorized to place all matters pertaining to the government of the Virgin Islands under the jurisdiction of the Secretary of the Interior, except matters relating to the judicial branch of said government which on July 22, 1954 July 22, 1954 ( July 22, 1954, ch. 558,  30 68 Stat. 509  1545. Lease and sale of public property; conveyance of title in certain lands to the government of Virgin Islands (a) The Secretary of the Interior shall be authorized to lease or to sell upon such terms as he may deem advantageous to the Government of the United States any property of the United States under his administrative supervision in the Virgin Islands not needed for public purposes. (b) (1) All right, title, and interest of the United States in the property placed under the control of the government of the Virgin Islands by section 1405c(a) of this title October 5, 1974 October 5, 1974 (2) Subject to valid existing rights, title to all property in the Virgin Islands which may have been acquired by the United States from Denmark under the Convention entered into August 16, 1916 Public Law 93435 88 Stat. 1210 ( July 22, 1954, ch. 558,  31 68 Stat. 510 Pub. L. 93435,  3 Oct. 5, 1974 88 Stat. 1211 Pub. L. 96205, title IV,  401(a) Mar. 12, 1980 94 Stat. 88  Editorial Notes  References in Text Public Law 93435 88 Stat. 1210 Pub. L. 93435 Oct. 5, 1974 88 Stat. 1210 Amendments 1980Subsec. (b). Pub. L. 96205 1974Subsec. (b). Pub. L. 93435 Oct. 5, 1974 July 22, 1954 Statutory Notes and Related Subsidiaries Submerged Lands, Conveyance to Territory Conveyance of submerged lands to the government of the Virgin Islands, see section 1701 et seq. of this title.  1546. Authorization of appropriations  There are authorized to be appropriated annually by the Congress of the United States such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter. ( July 22, 1954, ch. 558,  35 68 Stat. 510 SUBCHAPTER II BILL OF RIGHTS  1561. Rights and prohibitions  No law shall be enacted in the Virgin Islands which shall deprive any person of life, liberty, or property without due process of law or deny to any person therein equal protection of the laws. In all criminal prosecutions the accused shall enjoy the right to be represented by counsel for his defense, to be informed of the nature and cause of the accusation, to have a copy thereof, to have a speedy, and public trial, to be confronted with the witnesses against him, and to have compulsory process for obtaining witnesses in his favor. No person shall be held to answer for a criminal offense without due process of law, and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal cause to give evidence against himself; nor shall any person sit as judge or magistrate in any case in which he has been engaged as attorney or prosecutor. All persons shall be bailable by sufficient sureties in the case of criminal offenses, except for first-degree murder or any capital offense when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. No law impairing the obligation of contracts shall be enacted. No person shall be imprisoned or shall suffer forced labor for debt. All persons shall have the privilege of the writ of habeas corpus and the same shall not be suspended except as herein expressly provided. No ex post facto law or bill of attainder shall be enacted. Private property shall not be taken for public use except upon payment of just compensation ascertained in the manner provided by law. The right to be secure against unreasonable searches and seizures shall not be violated. No warrant for arrest or search shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. Slavery shall not exist in the Virgin Islands. Involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted by a court of law, shall not exist in the Virgin Islands. No law shall be passed abridging the freedom of speech or of the press or the right of the people peaceably to assembly 1 1 No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. No person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of the Virgin Islands or of the United States shall be qualified to hold any office of trust or profit under the government of the Virgin Islands. No money shall be paid out of the Virgin Islands treasury except in accordance with an Act of Congress or money bill of the legislature and on warrant drawn by the proper officer. The contracting of polygamous or plural marriages is prohibited. The employment of children under the age of sixteen years in any occupation injurious to health or morals or hazardous to life or limb is prohibited. Nothing contained in this chapter shall be construed to limit the power of the legislature herein provided to enact laws for the protection of life, the public health, or the public safety. No political or religious test other than an oath to support the Constitution and the laws of the United States applicable to the Virgin Islands, and the laws of the Virgin Islands, shall be required as a qualification to any office or public trust under the Government of the Virgin Islands. The following provisions of and amendments to the Constitution of the United States are hereby extended to the Virgin Islands to the extent that they have not been previously extended to that territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; article VI, clause 3; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments: Provided, however 2 2 section 1612(b) of this title All laws enacted by Congress with respect to the Virgin Islands and all laws enacted by the territorial legislature of the Virgin Islands which are inconsistent with the provisions of this subsection 2 ( July 22, 1954, ch. 558,  3 68 Stat. 497 Pub. L. 85851,  1 Aug. 28, 1958 72 Stat. 1094 Pub. L. 90496,  11 Aug. 23, 1968 82 Stat. 841 Pub. L. 98213,  5(d) Dec. 8, 1983 97 Stat. 1460 Pub. L. 98454, title VII,  701 Oct. 5, 1984 98 Stat. 1737  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning act July 22, 1954, ch. 558 68 Stat. 497 section 1541 of this title Amendments 1984 Pub. L. 98454 section 1612(b) of this title 1983 Pub. L. 98213 1968 Pub. L. 90496 1958 Pub. L. 85851 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title Effective Date of 1968 Amendment Pub. L. 90496,  11 Aug. 23, 1968 82 Stat. 841 Pub. L. 90496 Aug. 23, 1968 SUBCHAPTER III LEGISLATIVE BRANCH  1571. Legislature (a) Designation and unicameral character The legislative power and authority of the Virgin Islands shall be vested in a legislature, consisting of one house, to be designated the Legislature of the Virgin Islands, herein referred to as the legislature. (b) Composition; legislative districts; method of elections The legislature shall be composed of members to be known as senators. The number of such senators shall be determined by the laws of the Virgin Islands. The apportionment of the legislature shall be as provided by the laws of the Virgin Islands: Provided And provided further July 22, 1954 ( July 22, 1954, ch. 558,  5 68 Stat. 498 Pub. L. 89548,  1 Aug. 30, 1966 80 Stat. 371 Pub. L. 106364,  1 Oct. 27, 2000 114 Stat. 1408  Editorial Notes Amendments 2000Subsec. (b). Pub. L. 106364 1966Subsec. (b). Pub. L. 89548 July 22, 1954 Statutory Notes and Related Subsidiaries Effective Date of 1966 Amendment Pub. L. 89548,  2 Aug. 30, 1966 80 Stat. 371 This Act [amending this section] shall be effective with respect to the legislature to be elected at the regular general election in November 1966, and thereafter.  1572. Legislators (a) Terms of office The term of office of each member of the legislature shall be two years. The term of office of each member shall commence on the second Monday in January following his election: Provided, however (b) Qualifications of members No person shall be eligible to be a member of the legislature who is not a citizen of the United States, who has not attained the age of twenty-one years, who is not a qualified voter in the Virgin Islands, who has not been a bona fide resident of the Virgin Islands for at least three years next preceding the date of his election, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights. Federal employees and persons employed in the legislative, executive or judicial branches of the government of the Virgin Islands shall not be eligible for membership in the legislature. (c) Appointment of electoral officers; popular election of members of boards of election All officers and employees charged with the duty of directing the administration of the electoral system of the Virgin Islands and its representative districts shall be appointed in such manner as the legislature may by law direct: Provided, however (d) Immunity of members No member of the legislature shall be held to answer before any tribunal other than the legislature for any speech or debate in the legislature and the members shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the sessions of the legislature and in going to and returning from the same. (e) Compensation and allowances Each member of the legislature shall be paid such compensation and shall receive such additional allowances or benefits as may be fixed under the laws of the Virgin Islands. Such compensation, allowances, or benefits, together with all other legislative expenses, shall be appropriated by, and paid out of funds of, the government of the Virgin Islands. (f) Limitations on holding other office No member of the legislature shall hold or be appointed to any office which has been created by the legislature, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elected, or during one year after the expiration of such term. (g) General powers; parliamentary rules The legislature shall be the sole judge of the elections and qualifications of its members, shall have and exercise all the authority and attributes, inherent in legislative assemblies, and shall have the power to institute and conduct investigations, issue subpena to witnesses and other parties concerned, and administer oaths. The rules of the Legislative Assembly of the Virgin Islands existing on July 22, 1954 (h) Vacancies The Legislature of the Virgin Islands shall by law provide the procedure for filling any vacancy in the office of member of the legislature. ( July 22, 1954, ch. 558,  6 68 Stat. 499 Pub. L. 86289,  2(a) Sept. 16, 1959 73 Stat. 568 Pub. L. 8998 July 30, 1965 79 Stat. 423 Pub. L. 90496,  8(b) Aug. 23, 1968 82 Stat. 839 Pub. L. 92389 Aug. 17, 1972 86 Stat. 563 Pub. L. 93130,  1 Oct. 19, 1973 87 Stat. 460  Editorial Notes  References in Text This chapter, referred to in subsec. (g), was in the original this Act, meaning act July 22, 1954, ch. 558 68 Stat. 497 section 1541 of this title Amendments 1973Subsec. (h). Pub. L. 93130 1972Subsec. (b). Pub. L. 92389 1968Subsec. (c). Pub. L. 90496 1965Subsec. (e). Pub. L. 8998 1959Subsec. (a). Pub. L. 86289,  2(a) Subsec. (e). Pub. L. 86289,  2(b) Statutory Notes and Related Subsidiaries Effective Date of 1973 Amendment Pub. L. 93130,  2 Oct. 19, 1973 87 Stat. 460 The amendment made by the first section of this Act [amending this section] shall apply with respect to vacancies occurring on or after the date of enactment of this Act [ Oct. 19, 1973 Effective Date of 1968 Amendment Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970 Jan. 1, 1970 Pub. L. 90496 Jan. 4, 1971 section 16 of Pub. L. 90496 section 1591 of this title  1573. Time, frequency, and duration of regular sessions; special sessions; place of holding (a) Regular sessions of the legislature shall be held annually, commencing on the second Monday in January (unless the legislature shall by law fix a different date), and shall continue for such term as the legislature may provide. The Governor may call special sessions of the legislature at any time when in his opinion the public interest may require it. No legislation shall be considered at any special session other than that specified in the call therefor or in any special message by the Governor to the legislature while in such session. All sessions of the legislature shall be open to the public. (b) Sessions of the legislature shall be held in the capital of the Virgin Islands at Charlotte Amalie, Saint Thomas. ( July 22, 1954, ch. 558,  7 68 Stat. 500 Pub. L. 86289,  2(c) Sept. 16, 1959 73 Stat. 569 Pub. L. 90496,  1 Aug. 23, 1968 82 Stat. 837  Editorial Notes Amendments 1968Subsec. (a). Pub. L. 90496 1959Subsec. (a). Pub. L. 86289 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90496,  1 Aug. 23, 1968 82 Stat. 837 Pub. L. 90496 Aug. 23, 1968  1574. Legislative powers and activities (a) Scope of authority; limitation on enactments and taxation The legislative authority and power of the Virgin Islands shall extend to all rightful subjects of legislation not inconsistent with this chapter or the laws of the United States made applicable to the Virgin Islands, but no law shall be enacted which would impair rights existing or arising by virtue of any treaty or international agreement entered into by the United States, nor shall the lands or other property of nonresidents be taxed at a higher rate than the lands or other property of residents. (b) Government bonds; maximum amount; sale, interest, etc. (i) The legislature of the government of the Virgin Islands may cause to be issued on behalf of said government bonds or other obligations for a public improvement or public undertaking authorized by an act of the legislature. Such bonds or obligations shall be payable solely from the revenues directly derived from and attributable to such public improvement, public undertaking, or other project. Bonds issued pursuant to paragraph (i) may bear such date or dates, may be in such denominations, may mature in such amounts and at such time or times, not exceeding thirty years from the date thereof, may be payable at such place or places, may carry such registration privileges as to either principal and interest, or principal only, and may be executed by such officers and in such manner as shall be prescribed by the government of the Virgin Islands. Said bonds may be redeemable (either with or without premium) or nonredeemable. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of such bonds, such signature, whether manual or facsimile shall, nevertheless, be valid and sufficient for all purposes, the same as if such officers had remained in office until such delivery. The bonds so issued shall bear interest at a rate not to exceed that specified by the legislature, payable semiannually. All such bonds issued by the government of the Virgin Islands or by its authority shall be exempt as to principal and interest from taxation by the Government of the United States, or by the government of the Virgin Islands, or by any State, Territory, or possession or by any political subdivision of any State, Territory or possession, or by the District of Columbia. Such bonds shall under no circumstances constitute a general obligation of the Virgin Islands or of the United States. (ii) (A) Subject to the provisions of this paragraph (ii), the legislature of the government of the Virgin Islands may cause to be issued such negotiable general obligation bonds or other evidence of indebtedness, including but not limited to notes in anticipation of the collection of taxes or revenues, as it may deem necessary and advisable for any public purpose authorized by the legislature: Provided (B) Bonds or other obligations issued pursuant to this paragraph (ii) shall not be a debt of the United States, nor shall the United States be liable thereon. (iii) (A) The legislature of the government of the Virgin Islands may cause to be issued after September 30, 1984 1 1 (B) Except as provided in subparagraph (C), any obligation issued under subparagraph (A) and the income from such obligation shall be exempt from all State and local taxation in effect on or after October 1, 1984 (C) Any obligation issued under subparagraph (A) shall not be exempt from State or local gift, estate, inheritance, legacy, succession, or other wealth transfer taxes. (D) For purposes of this paragraph (I) The term State includes the District of Columbia. (II) The taxes imposed by counties, municipalities, or any territory, dependency, or possession of the United States shall be treated as local taxes. (E) For exclusion of interest for purposes of Federal income taxation, see section 103 of title 26 (c) Applicability of laws and ordinances; amendment or repeal The laws of the United States applicable to the Virgin Islands on July 22, 1954 June 22, 1936 49 Stat. 1807 July 22, 1954 Provided (d) , (e) Repealed. Pub. L. 97357, title III,  305 Oct. 19, 1982 96 Stat. 1709 (f) Customs duty; duty-free importation; effect on other customs laws (1) The Legislature of the Virgin Islands may impose on the importation of any article into the Virgin Islands for consumption therein a customs duty. The rate of any customs duty imposed on any article under this subsection may not exceed (A) if an ad valorem rate, 6 per centum ad valorem; or (B) if a specific rate or a combination ad valorem and specific rate, the equivalent or 6 per centum ad valorem. (2) Nothing in this subsection shall prohibit the Legislature of the Virgin Islands from permitting the duty-free importation of any article. (3) Nothing in this subsection shall be construed as empowering the Legislature of the Virgin Islands to repeal or amend any provision in law in effect on the day before October 15, 1977 ( July 22, 1954, ch. 558,  8 68 Stat. 500 Pub. L. 85851 Aug. 28, 1958 72 Stat. 1094 Pub. L. 88180 Nov. 19, 1963 77 Stat. 335 Pub. L. 89643 Oct. 13, 1966 80 Stat. 890 Pub. L. 90496,  15 Aug. 23, 1968 82 Stat. 842 Pub. L. 95134, title III,  301(c) Oct. 15, 1977 91 Stat. 1163 Pub. L. 97357, title III,  305 Oct. 19, 1982 96 Stat. 1709 Pub. L. 98454, title II,  201 Oct. 5, 1984 98 Stat. 1732 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 10684,  1(a) Oct. 28, 1999 113 Stat. 1295  Editorial Notes  References in Text Section 103, referred to in subsec. (b)(iii)(A), which related to interest on certain governmental obligations was amended generally by Pub. L. 99514, title XIII,  1301(a) Oct. 22, 1986 100 Stat. 2602 Act of June 22, 1936 49 Stat. 1807 act June 22, 1936, ch. 699 49 Stat. 1807 section 1406m of this title Amendments 1999Subsec. (b)(ii)(A). Pub. L. 10684,  1(a) Provided Provided Subsec. (b)(ii)(B), (C). Pub. L. 10684,  1(b)(1) 1986Subsec. (b)(iii)(E). Pub. L. 99514 1984Subsec. (b)(i), (iii). Pub. L. 98454 1982Subsec. (d). Pub. L. 97357 July 22, 1954 Subsec. (e). Pub. L. 97357 1977Subsec. (f). Pub. L. 95134 1968Subsec. (b)(i). Pub. L. 90496 1966Subsec. (b)(i). Pub. L. 89643 1963Subsec. (b). Pub. L. 88180 1958Subsec. (a). Pub. L. 85851,  2 Subsec. (b). Pub. L. 85851,  10 Subsec. (e). Pub. L. 85851,  3 Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Pub. L. 10684,  3 Oct. 28, 1999 113 Stat. 1295  (a)  In General Except as provided by subsection (b), the amendments made by section 1 [amending this section and section 1574a of this title Oct. 28, 1999 (b)  Effect of Failure To Reach Agreement If the agreement authorized in section 2(a) [set out as a note under section 1631 of this title December 31, 1999 (A) shall not apply to instruments of indebtedness issued by the Government of the Virgin Islands on or after December 31, 1999 (B) shall continue to apply to those instruments of indebtedness issued by the Government of the Virgin Islands after the date of the enactment of this Act and before December 31, 1999 Effective Date of 1968 Amendment Pub. L. 90496,  15 Aug. 23, 1968 82 Stat. 842 Pub. L. 90496 Aug. 23, 1968 Construction Pub. L. 10684,  4 Oct. 28, 1999 113 Stat. 1296 These amendments to the Revised Organic Act of the Virgin Islands [amending this section] are not intended to modify the internal revenue laws. Thus, the bonds authorized by this bill must comply with subsection (c) of section 149 of the Internal Revenue Code of 1986 [ 26 U.S.C. 149(c) Levying and Collection of Excise Taxes by Legislature of the Virgin Islands Pub. L. 96205, title IV,  405 Mar. 12, 1980 94 Stat. 89 Pub. L. 97357, title III,  302 Oct. 19, 1982 96 Stat. 1709 Any excise taxes levied by the Legislature of the Virgin Islands may be levied and collected as the Legislature of the Virgin Islands may direct as soon as the articles, goods, merchandise, and commodities subject to said tax are brought into the Virgin Islands. The officials of the Customs and Postal Services of the United States are directed to assist the appropriate officials of the United States Virgin Islands in the collection of these taxes.  15741. Applicability of laws referred to in section 502(a)(1) of Covenant to Establish a Commonwealth of the Northern Mariana Islands  Effective on the date when section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, approved by joint resolution approved on March 24, 1976 90 Stat. 263 85 Stat. 96 ( Pub. L. 95134, title IV,  403 Oct. 15, 1977 91 Stat. 1163 Pub. L. 95135,  1 Oct. 15, 1977 91 Stat. 1166 Pub. L. 108173, title IX,  900(e)(7) Dec. 8, 2003 117 Stat. 2374  Editorial Notes  References in Text The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, referred to in text, is contained in section 1 of Pub. L. 94241 section 1801 of this title Jan. 9, 1978 section 1801 of this title The joint resolution approved on March 24, 1976 Pub. L. 94241 Mar. 24, 1976 90 Stat. 263 The Micronesian Claims Act of 1971, referred to in text, is Pub. L. 9239 July 1, 1971 85 Stat. 92 Aug. 3, 1976 Codification Section is also classified to section 1421q1 of this title Section was formerly set out as a note under section 1681 of this title Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter. Amendments 2003 Pub. L. 108173 1977 Pub. L. 95135 October 15, 1977 85 Stat. 96 March 24, 1976 90 Stat. 263 Statutory Notes and Related Subsidiaries Effective Date of 1977 Amendment Amendment by Pub. L. 95135 Oct. 15, 1977 section 2 of Pub. L. 95135 section 1421q1 of this title  1574a. Revenue bonds or other obligations (a) Authorization for issuance; use of proceeds; legislative initiative and binding referendum vote In addition to the authority conferred by section 1574(b) of this title section 7652(b)(3) of title 26 (b) Federal guarantee The legislature of the government of the Virgin Islands may provide, in connection with any issue of bonds or other obligations authorized to be issued under subsection (a) the proceeds of which are to be used for public works or other capital projects, that a guarantee of such bonds or obligations by the United States should be applied for under section 1574b of this title (c) Limitations on issuance Except to the extent inconsistent with the provisions of this Act, the provisions of section 1574(b)(ii) of this title ( Pub. L. 94392,  1 Aug. 19, 1976 90 Stat. 1193 Pub. L. 10583, title I,  124(c) Nov. 14, 1997 111 Stat. 1567 Pub. L. 10684,  1(b)(3) Oct. 28, 1999 113 Stat. 1295  Editorial Notes  References in Text This Act, referred to in subsec. (c), is Pub. L. 94392 Aug. 19, 1976 90 Stat. 1193 section 1397 of this title Codification In subsec. (a),  section 7652(b)(3) of title 26 26 U.S.C. 7652 68 Stat. 508 section 7852(b) of Title 26 Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter. Amendments 1999Subsec. (d). Pub. L. 10684 1997Subsec. (d). Pub. L. 10583 Statutory Notes and Related Subsidiaries Authorization of Appropriations Pub. L. 94392,  6 Aug. 19, 1976 90 Stat. 1195 There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [enacting this section and sections 1574b to 1574d of this title and amending section 1397 of this title  1574b. Federal guarantee for issuance of revenue bonds or other obligations (a) Application to Secretary of the Interior; contents When authorized under subsection (b) of section 1574a of this title section 1574a of this title (b) Terms and conditions of guarantee or commitment to guarantee; determination by Secretary of approval The Secretary is authorized, with the approval of the Secretary of the Treasury, to guarantee and to enter into commitments to guarantee, upon such terms and conditions as he may prescribe, payment of principal and interest on bonds and other obligations issued by the government of the Virgin Islands under subsection (a) of section 1574a of this title (1) that the proceeds of such issue will be used only for public works or other capital projects, except that $28,000,000 of the guaranteed bonding authority will be used for water producing and power projects, including maintenance and overhaul of electrical generating and distribution mechanisms, and $12,000,000 of the guaranteed bonding authority will be used for repair and improvements of the water distribution and storage systems; (2) taking into account anticipated expenditures by the government of the Virgin Islands while the bonds or other obligations forming a part of such issue will be outstanding, all outstanding obligations of the government of the Virgin Islands which will mature while the bonds or other obligations forming a part of such issue will be outstanding, and such other factors as he deems pertinent, that the revenues expected to be received under section 7652(b)(3) of title 26 (3) that credit is not otherwise available on reasonable terms and conditions and that there is reasonable assurance of repayment, and (4) that the maturity of any obligations to be guaranteed does not exceed thirty years or 90 per centum of the useful life of the physical assets to be financed by the obligation, whichever is less as determined by the Secretary. (c) Administrative costs; deposit of fees The Secretary shall charge and collect fees in amounts sufficient in his judgment to cover the costs of administering this section. Fees collected under this subsection shall be deposited in the revolving fund created under subsection (g). (d) Conclusiveness and incontestability; pledge of full faith and credit Any guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation for such guarantee, and the validity of any guarantee so made shall be incontestable, except for fraud or material misrepresentation, in the hands of the holder of the guaranteed obligation. Such guarantee shall constitute a pledge of the full faith and credit of the United States for such obligation. (e) Interest on guaranteed obligations taxable The interest on any obligation guaranteed under this section shall be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1986 [ 26 U.S.C. 1 (f) Maximum amount guaranteed; time limitations on commitments to guarantee, obligation of guaranteed but unobligated funds, and repayment of unobligated proceeds of bonds or other obligations The aggregate principal amount of obligations which may be guaranteed under this Act shall not exceed $101,000,000. No commitment to guarantee may be issued by the Secretary, and no guaranteed but unobligated funds may be obligated by the government of the Virgin Islands after October 1, 1990 October 1, 1990 section 7652(b)(3) of title 26 (g) Revolving fund; establishment; submission of budget to Congress; payments; transfers from fund to general fund of Treasury; issuance and sale of notes or other obligations for guarantees (1) There is hereby created within the Treasury a separate fund (hereinafter referred to as the fund) which shall be available to the Secretary without fiscal year limitation as revolving fund for the purpose of this Act. A business-type budget for the fund shall be prepared, transmitted to the Congress, considered, and enacted in the manner prescribed by law (sections 9103 and 9104 of title 31) for wholly owned Government corporations. (2) All expenses, including reimbursements to other government accounts, and payments pursuant to operations of the Secretary under this Act shall be paid from the fund. If at any time the Secretary determines that moneys in the fund exceed the present and any reasonably prospective future requirements of the fund, such excess may be transferred to the general fund of the Treasury. (3) If at any time the moneys available in the fund are insufficient to enable the Secretary to discharge his responsibilities under guarantees under this Act, he shall issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary of the Treasury. Redemption of such notes or obligations shall be made by the Secretary from appropriations which are hereby authorized for this purpose. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, which shall not be less than a rate determined by taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes or other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31 and the purposes for which securities may be issued under that chapter are extended to include any purchase of such notes or obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. ( Pub. L. 94392,  2 Aug. 19, 1976 90 Stat. 1193 Pub. L. 96205, title IV,  407 Mar. 12, 1980 94 Stat. 89 Pub. L. 98146, title I Nov. 4, 1983 97 Stat. 931 Pub. L. 98213,  4(b) Dec. 8, 1983 97 Stat. 1460 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Editorial Notes  References in Text Chapter 1 of the Internal Revenue Code of 1986, referred to in subsec. (e), means chapter 1 ( 1 et seq.) of Title 26, Internal Revenue Code. This Act, referred to in subsecs. (f) and (g), is Pub. L. 94392 Aug. 19, 1976 90 Stat. 1193 section 1397 of this title section 1574a of this title Codification In subsecs. (b)(2) and (f),  section 7652(b)(3) of title 26 68 Stat. 508 section 7852(b) of Title 26 In subsec. (g)(1) and (3), sections 9103 and 9104 of title 31 substituted for sections 102, 103, and 104 of the Government Corporation Control Act ( 31 U.S.C. 847849 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter. Amendments 1986Subsec. (e). Pub. L. 99514 1983Subsec. (b)(1). Pub. L. 98213,  4(b)(1) Pub. L. 98146,  100(1) Pub. L. 98213 Subsec. (f). Pub. L. 98213,  4(b)(2) Pub. L. 98146,  100(2) 1980Subsec. (f). Pub. L. 96205 Oct. 1, 1984 Pub. L. 94392 Oct. 1, 1979  1574c. Priority for payment of principal and interest of revenue bonds or other obligations  Each issue of bonds or other obligations issued under subsection (a) of section 1574a of this title section 7652(b)(3) of title 26 section 1574b of this title section 7652(b)(3) of title 26 ( Pub. L. 94392,  3 Aug. 19, 1976 90 Stat. 1195 Pub. L. 10583, title I,  124(a) Nov. 14, 1997 111 Stat. 1567  Editorial Notes Codification  Section 7652(b)(3) of title 26 68 Stat. 508 section 7852(b) of Title 26 Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter. Amendments 1997 Pub. L. 10583 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Pub. L. 10583, title I,  124(b) Nov. 14, 1997 111 Stat. 1567 The amendments made by subsection (a) [amending this section] shall apply to obligations issued on or after the date of enactment of this section [ Nov. 14, 1997  1574d. Repealed. Pub. L. 97357, title III,  308(g) Oct. 19, 1982 96 Stat. 1710   Section, Pub. L. 94392,  4 Aug. 19, 1976 90 Stat. 1195  1575. Legislative procedure (a) Quorum and method of voting on bills The number of members of the legislature needed to constitute a quorum shall be determined by the laws of the Virgin Islands. No bill shall become a law unless it shall have been passed at a meeting, at which a quorum was present, by the affirmative vote of a majority of the members present and voting, which vote shall be by yeas and nays. (b) Enacting clause of acts The enacting clause of all acts shall be as follows: Be it enacted by the Legislature of the Virgin Islands. (c) Governors message and budget The Governor shall submit at the opening of each regular session of the legislature a message on the state of the Virgin Islands and a budget of estimated receipts and expenditures, which shall be the basis of the appropriation bills for the ensuing fiscal year, which shall commence on the first day of July or such other date as the Legislature of the Virgin Islands may determine. (d) Approval and disapproval of bills Every bill passed by the legislature shall, before it becomes a law, be presented to the Governor. If the Governor approves the bill, he shall sign it. If the Governor disapproves the bill, he shall, except as hereinafter provided, return it, with his objections, to the legislature within ten days (Sundays excepted) after it shall have been presented to him. If the Governor does not return the bill within such period, it shall be a law in like manner as if he had signed it, unless the legislature by adjournment prevents its return, in which case it shall be a law if signed by the Governor within thirty days after it shall have been presented to him; otherwise it shall not be a law. When a bill is returned by the Governor to the legislature with his objections, the legislature shall enter his objections at large on its journal and, upon motion of a member of the legislature, proceed to reconsider the bill. If, after such reconsideration, two-thirds of all the members of the legislature pass the bill, it shall be a law. If any bill presented to the Governor contains several items of appropriation of money, he may object to one or more of such items, or any part or parts, portion or portions thereof, while approving the other items, parts, or portions of the bill. In such a case he shall append to the bill, at the time of signing it, a statement of the items, or parts or portions thereof, to which he objects, and the items, or parts or portions thereof, so objected to shall not take effect, unless the legislature, after reconsideration upon motion of a member thereof, passes such items, parts, or portions so objected to by a vote of two-thirds of all the members of the legislature. (e) Use of prior appropriations upon failure to pass appropriation bills If at the termination of any fiscal year the legislature shall have failed to pass appropriation bills providing for payment of the obligations and necessary current expenses of the government of the Virgin Islands for the ensuing fiscal year, then the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may be applicable, shall be deemed to be reappropriated item by item. (f) Journal of proceedings; contents The legislature shall keep a journal of its proceedings and publish the same. Every bill passed by the legislature and the yeas and nays on any question shall be entered on the journal. (g) Transmittal of laws to Congress A listing of all laws enacted by the legislature each year shall be transmitted with the annual report to Congress required pursuant to section 1591 of this title ( July 22, 1954, ch. 558,  9 68 Stat. 501 Pub. L. 90496 Aug. 23, 1968 82 Stat. 837 Pub. L. 95134, title III,  301(b) Oct. 15, 1977 91 Stat. 1163 Pub. L. 95348,  4(c)(1) Aug. 18, 1978 92 Stat. 490 Pub. L. 96470, title II,  206(d) Oct. 19, 1980 94 Stat. 2244 Pub. L. 106364,  2 Oct. 27, 2000 114 Stat. 1408  Editorial Notes Amendments 2000Subsec. (a). Pub. L. 106364 1980Subsec. (g). Pub. L. 96470 section 1591 of this title 1978Subsec. (c). Pub. L. 95348 1977Subsec. (d). Pub. L. 95134 1968Subsec. (a). Pub. L. 90496,  2 Subsec. (d). Pub. L. 90496,  3 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90496,  2 Aug. 23, 1968 82 Stat. 837 Pub. L. 90496 Aug. 23, 1968 Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970 Jan. 1, 1970 Pub. L. 90496 Jan. 4, 1971 section 16 of Pub. L. 90496 section 1591 of this title  1576. General elections; time; transfer of Council functions, property, etc.  The next general election in the Virgin Islands shall be held on November 2, 1954 July 22, 1954 January 10, 1955 ( July 22, 1954, ch. 558,  10 68 Stat. 502 SUBCHAPTER IV EXECUTIVE BRANCH  1591. Governor and Lieutenant Governor; election; eligibility; official residence; powers and duties; report  The executive power of the Virgin Islands shall be vested in an executive officer whose official title shall be the Governor of the Virgin Islands. The Governor of the Virgin Islands, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the legislature of the Virgin Islands. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both officers. If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a run-off election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieutenant Governor shall be held on November 3, 1970 No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is an eligible voter and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of the Virgin Islands and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official residence in the Government House on Saint Thomas during his incumbency, which house, together with land appurtenant thereto, is hereby transferred to the government of the Virgin Islands. While in Saint Croix the Governor may reside in Government House on Saint Croix, which house, together with land appurtenant thereto is also transferred to the government of the Virgin Islands. The Governor shall have general supervision and control of all the departments, bureaus, agencies, and other instrumentalities of the executive branch of the government of the Virgin Islands. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as provided in this chapter. He shall appoint, and may remove, all officers and employees of the executive branch of the government of the Virgin Islands, except as otherwise provided in this or any other Act of Congress, or under the laws of the Virgin Islands, and shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of the Virgin Islands and the laws of the United States applicable in the Virgin Islands. Whenever it becomes necessary, in case of disaster, invasion, insurrection, or rebellion or imminent danger thereof, or to prevent or suppress lawless violence, he may summon the posse comitatus or call out the militia or request assistance of the senior military or naval commander of the Armed Forces of the United States in the Virgin Islands or Puerto Rico, which may be given at the discretion of such commander if not disruptive of, or inconsistent with, his Federal responsibilities. He may, in case of rebellion or invasion or imminent danger thereof, when the public safety requires it, proclaim the islands, insofar as they are under the jurisdiction of the government of the Virgin Islands, to be under martial law. The members of the legislature shall meet forthwith on their own initiative and may, by a two-thirds vote, revoke such proclamation. The Governor shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall have the power to issue executive orders and regulations not in conflict with any applicable law. He may recommend bills to the legislature and give expression to his views on any matter before that body. There is hereby established the office of Lieutenant Governor of the Virgin Islands. The Lieutenant Governor shall have such executive powers and perform such duties as may be assigned to him by the Governor or prescribed by this chapter or under the laws of the Virgin Islands. ( July 22, 1954, ch. 558,  11 68 Stat. 503 Pub. L. 90496,  4 Aug. 23, 1968 82 Stat. 837 Pub. L. 97357, title III,  309(a) Oct. 19, 1982 96 Stat. 1710 Pub. L. 98454, title V,  502 Oct. 5, 1984 98 Stat. 1735 Pub. L. 105362, title IX,  901(n) Nov. 10, 1998 112 Stat. 3290  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning act July 22, 1954, ch. 558 68 Stat. 497 section 1541 of this title Amendments 1998 Pub. L. 105362 1984 Pub. L. 98454 1982 Pub. L. 97357 1968 Pub. L. 90496 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Pub. L. 90496,  16 Aug. 23, 1968 82 Stat. 842 Those provisions of this Act [see Short Title note set out under section 1541 of this title November 3, 1970 January 1, 1970 January 4, 1971 Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Submerged Lands, Conveyance to Territory Conveyance of submerged lands to the government of the Virgin Islands, see section 1701 et seq. of this title.  1592. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 657   Section, act July 22, 1954, ch. 558,  20(a) 68 Stat. 505 Editorial Notes Codification Section 20 of act July 22, 1954 section 10 of Pub. L. 90496 Aug. 23, 1968 82 Stat. 841 section 1641 of this title  1593. Initiative and recall (a) Grant of rights The people of the Virgin Islands shall have the rights of initiative and recall to be exercised as provided in subsection (b) and subsection (c), respectively. (b) Initiative (1) An initiative may enact, amend, or repeal any law, except that an initiative shall not be used to repeal a law declared by the legislature at the time of passage to be an emergency law necessary for the preservation of the public health, safety, or peace. (2) An initiative that proposes a reduction of taxes shall also provide for an equivalent reduction of expenditures or an equivalent increase in revenues from other sources. (3) An initiative shall address one subject only and matters reasonably related to that subject. (4) The ballot question shall be in such form that a yes vote is a vote in favor of the proposal and a no vote is a vote against the proposal. (5) A copy of the proposed initiative petition, including a complete text of the proposed law and containing signatures equal to at least 1 percent of the voters of each legislative district or 4 percent of all voters of the Virgin Islands must be submitted to the Supervisor of Elections prior to circulation for ballot qualification. The Supervisor of Elections must determine within 10 days after the submission whether the preliminary signatures are sufficient. If so determined, the Supervisor of Elections shall refer the preliminary petition to an initiative titling board consisting of the Attorney General, the Supervisor of Elections, and the legislative counsel of the legislature. The board shall, in an open hearing, prepare the official ballot title, the submission question, and a summary of the initiative proposal, and this preparation shall be completed within 30 days after the referral. (6) After the ballot title has been written, proponents of the initiative proposal shall have a maximum of 180 days to circulate the petition. Petitions containing signatures equal to at least 10 percent of the voters of each legislative district or 41 percent of all voters of the Virgin Islands must be submitted to the Supervisor of Elections. The Supervisor shall have 15 days to determine that the minimum number of valid signatures are contained in the petition and he shall forward the certified proposal to the legislature which must accept or reject the measure within 30 days. If approved, the initiative shall take effect in accordance with its terms. If the legislature does not approve, the initiative shall be submitted to the voters at the next general election, unless the legislature approves a special election for this purpose. The legislature may submit its own version of the initiative to the voters. Should both measures be approved by the voters, the measure receiving the higher number of votes shall prevail. The voters shall have a clear alternative of rejecting either version or the entire proposition. (7) An initiative submitted to the voters shall take effect if the initiative is approved by a majority of persons voting and if a majority of the voters of the Virgin Islands vote on the initiative. An initiative may not be vetoed by the Governor, and when approved by the voters, may not be amended or repealed by the legislature during the 3-year period after its approval unless the legislature acts by a two-thirds majority. (8) The legislature may provide the manner in which petitions shall be circulated, filed, certified, and the ballot question shall be submitted to the voters. (c) Recall (1) An elected public official of the Virgin Islands may be removed from office by a recall election carried out under this subsection. The grounds for recall are any of the following: lack of fitness, incompetence, neglect of duty, or corruption. (2) A recall election may be initiated by a two-thirds vote of the members of the legislature or by a petition under this subsection. (3) Prior to circulation a recall petition which identifies by name and office the official being recalled and which states the grounds for recall shall be submitted to the Supervisor of Elections. The sponsors of the recall petition shall be allowed a period of 60 days after such submission for filing with the Supervisor of Elections a list of signatures equal in number to at least 50 percent of the whole number of votes cast for that office in the last general election at which that office was filled. The Supervisor of Elections shall have 15 days in which to determine whether the minimum number of valid signatures are contained in the recall petition. (4) A special recall election shall be held with respect to an elected public official not earlier than 30 days after a vote of the legislature under paragraph (2) or a determination of the board of elections under paragraph (3), as the case may be, and not later than 60 days after such vote or determination. (5) An official shall be removed from office upon approval of the recall in an election in which at least two-thirds of the number of persons voting for such official in the last preceding general election at which such official was elected vote in favor of recall and in which those so voting constitute a majority of all those participating in such recall election. (6) No recall election shall be held with respect to an elected public official (A) during the first year of the first term of office of the official; or (B) less than 3 months before a general election for the office. (d) Law and voter defined As used in this section, the term (1) law means a law of the Virgin Islands; and (2) voter means a registered voter who is eligible to vote on the issue or for the office involved. ( July 22, 1954, ch. 558,  12 68 Stat. 503 Pub. L. 90496,  5 Aug. 23, 1968 82 Stat. 838 Pub. L. 99396,  1 Aug. 27, 1986 100 Stat. 837  Editorial Notes Amendments 1986 Pub. L. 99396 1968 Pub. L. 90496 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970 Jan. 1, 1970 Pub. L. 90496 Jan. 4, 1971 section 16 of Pub. L. 90496 section 1591 of this title  1594. Repealed. Pub. L. 90496,  6 Aug. 23, 1968 82 Stat. 839   Section, act July 22, 1954, ch. 558,  13 68 Stat. 503 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 90496,  6 Aug. 23, 1968 82 Stat. 839 Pub. L. 90496 Aug. 23, 1968  1595. Vacancy in office of Governor or Lieutenant Governor (a) Temporary disability or temporary absence of Governor In case of the temporary disability or temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor. (b) Permanent vacancy in office of Governor; Lieutenant Governor as Governor; term of office In case of a permanent vacancy in the office of Governor, arising by reason of the death, resignation, removal by recall or permanent disability of the Governor, or the death, resignation, or permanent disability of a Governor-elect, or for any other reason, the Lieutenant Governor or Lieutenant Governor-elect shall become the Governor, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Governor. (c) Temporary disability or temporary absence of Lieutenant Governor; president of legislature as Lieutenant Governor In case of the temporary disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant Governor is acting as Governor, the president of the legislature shall act as Lieutenant Governor. (d) Permanent vacancy in office of Lieutenant Governor; Governor to appoint new Lieutenant Governor with advice and consent of legislature; term of office In case of a permanent vacancy in the office of Lieutenant Governor, arising by reason of the death, resignation, or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governor-elect has succeeded to the office of Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the legislature, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor. (e) Temporary disability or temporary absence of Governor and Lieutenant Governor; appointment of Acting Governor; permanent vacancies in offices of Governor and Lieutenant Governor; appointment of Governor In case of the temporary disability or temporary absence of both the Governor and the Lieutenant Governor, the powers of the Governor shall be exercised, as Acting Governor, by such person as the laws of the Virgin Islands may prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the office of Governor shall be filled for the unexpired term in the manner prescribed by the laws of the Virgin Islands. (f) Additional compensation No additional compensation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the office of Governor or Lieutenant Governor under the provisions of this chapter. ( July 22, 1954, ch. 558,  14 68 Stat. 504 Pub. L. 90496,  7(a) Aug. 23, 1968 82 Stat. 839  Editorial Notes Amendments 1968 Pub. L. 90496 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970 Jan. 1, 1970 Pub. L. 90496 Jan. 4, 1971 section 16 of Pub. L. 90496 section 1591 of this title  1596. Repealed. Pub. L. 104186, title II,  224(3) Aug. 20, 1996 110 Stat. 1752   Section, act July 22, 1954, ch. 558,  15 May 27, 1975 Pub. L. 9426,  2 89 Stat. 94  1597. Reorganization of government (a) Consolidation of departments, bureaus, etc.; popular election of school board members The Governor shall, within one year after July 22, 1954 (b) Changes after examination from time to time The Governor shall, from time to time, after complying with the provisions of subsection (a) of this section, examine the organization of the executive branch of the government of the Virgin Islands, and shall make such changes therein, subject to the approval of the legislature, not inconsistent with this chapter, as he determines are necessary to promote effective management and to execute faithfully the purposes of this chapter and the laws of the Virgin Islands. (c) Appointment of department heads; tenure; removal; powers and duties; appointments to boards, etc. The heads of the executive departments created by this chapter shall be appointed by the Governor, with the advice and consent of the legislature. Each shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. Each shall have such powers and duties as may be prescribed by the legislature. The chairman and members of any board, authority, or commission established by the laws of the Virgin Islands shall, if the laws of the Virgin Islands hereafter provide, also be appointed by the Governor with the advice and consent of the legislature, if such board, authority, or commission has quasi-judicial functions: Provided ( July 22, 1954, ch. 558,  16 68 Stat. 504 Pub. L. 85224 Aug. 30, 1957 71 Stat. 510 Pub. L. 86289,  3 Sept. 16, 1959 73 Stat. 569 Pub. L. 90496,  8(a) Aug. 23, 1968 82 Stat. 839  Editorial Notes Amendments 1968Subsec. (a). Pub. L. 90496 1959Subsec. (a). Pub. L. 86289 1957Subsec. (c). Pub. L. 85224 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970 Jan. 1, 1970 Pub. L. 90496 Jan. 4, 1971 section 16 of Pub. L. 90496 section 1591 of this title  1598. Omitted  Editorial Notes Codification Section, act July 22, 1954, ch. 558,  20(b) 68 Stat. 505 section 10 of Pub. L. 90496 Aug. 23, 1968 82 Stat. 841 section 1641 of this title section 1641 of this title  1599. Transfer of functions from government comptroller for Virgin Islands to Inspector General, Department of the Interior (a) Functions, powers, and duties transferred The following functions, powers, and duties heretofore vested in the government comptroller for the Virgin Islands are hereby transferred to the Inspector General, Department of the Interior, for the purpose of establishing an organization which will maintain a satisfactory level of independent audit oversight of the government of the Virgin Islands: (1) The authority to audit all accounts pertaining to the revenue and receipts of the government of the Virgin Islands, and of funds derived from bond issues, and the authority to audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the government of the Virgin Islands including those pertaining to trust funds held by the government of the Virgin Islands. (2) The authority to report to the Secretary of the Interior and the Governor of the Virgin Islands all failures to collect amounts due the government, and expenditures of funds or uses of property which are irregular or not pursuant to law. (b) Scope of authority transferred The authority granted in paragraph (a) shall extend to all activities of the government of the Virgin Islands, and shall be in addition to the authority conferred upon the Inspector General by chapter 4 of title 5. (c) Transfer of personnel, assets, etc., of office of government comptroller for Virgin Islands to Office of Inspector General, Department of the Interior In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for the Virgin Islands related to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior. ( July 22, 1954, ch. 558,  17 Pub. L. 97357, title III,  309(b) Oct. 19, 1982 96 Stat. 1710 Pub. L. 117286,  4(b)(92) Dec. 27, 2022 136 Stat. 4352  Editorial Notes Prior Provisions A prior section 1599, acts July 22, 1954, ch. 558,  17 68 Stat. 505 Aug. 28, 1958 Pub. L. 85851 72 Stat. 1094 Mar. 20, 1962 Pub. L. 87421 76 Stat. 43 Aug. 23, 1968 Pub. L. 90496,  9 82 Stat. 840 Oct. 15, 1977 Pub. L. 95134, title III,  301(a) 91 Stat. 1162 Pub. L. 97357,  309(b) Amendments 2022Subsec. (b). Pub. L. 117286 92 Stat. 1101 SUBCHAPTER V JUDICIAL BRANCH  1611. District Court of Virgin Islands; local courts; jurisdiction; practice and procedure (a) District Court of Virgin Islands; local courts The judicial power of the Virgin Islands shall be vested in a court of record designated the District Court of the Virgin Islands established by Congress, and in such appellate court and lower local courts as may have been or may hereafter be established by local law. (b) Jurisdiction The legislature of the Virgin Islands may vest in the courts of the Virgin Islands established by local law jurisdiction over all causes in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. Such jurisdiction shall be subject to the concurrent jurisdiction conferred on the District Court of the Virgin Islands by section 1612(a) and (c) of this title. (c) Practice and procedure The rules governing the practice and procedure of the courts established by local law and those prescribing the qualifications and duties of the judges and officers thereof, oaths and bonds, and the times and places of holding court shall be governed by local law or the rules promulgated by those courts. ( July 22, 1954, ch. 558,  21 68 Stat. 506 Pub. L. 98454, title VII,  702 Oct. 5, 1984 98 Stat. 1737  Editorial Notes Amendments 1984 Pub. L. 98454 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title  1612. Jurisdiction of District Court (a) Jurisdiction The District Court of the Virgin Islands shall have the jurisdiction of a District Court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28 section 1617 of this title (b) General jurisdiction; limitations In addition to the jurisdiction described in subsection (a) the District Court of the Virgin Islands shall have general original jurisdiction in all causes in the Virgin Islands the jurisdiction over which is not then vested by local law in the local courts of the Virgin Islands: Provided (c) Criminal offenses; concurrent jurisdiction with local courts The District Court of the Virgin Islands shall have concurrent jurisdiction with the courts of the Virgin Islands established by local law over those offenses against the criminal laws of the Virgin Islands, whether felonies or misdemeanors or both, which are of the same or similar character or part of, or based on, the same act or transaction or two or more acts or transactions connected together or constituting part of a common scheme or plan, if such act or transaction or acts or transactions also constitutes or constitute an offense or offenses against one or more of the statutes over which the District Court of the Virgin Islands has jurisdiction pursuant to subsections (a) and (b) of this section. ( July 22, 1954, ch. 558,  22 68 Stat. 506 Pub. L. 95598, title III,  336(a) Nov. 6, 1978 92 Stat. 2680 Pub. L. 98454, title VII,  703(a) Oct. 5, 1984 98 Stat. 1738 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning act July 22, 1954, ch. 558 68 Stat. 497 section 1541 of this title Amendments 1986Subsec. (a). Pub. L. 99514 1984 Pub. L. 98454 section 336 of Pub. L. 95598 1978 Pub. L. 95598 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title Effective Date of 1978 Amendment Pub. L. 95598, title IV,  402(e) Nov. 6, 1978 92 Stat. 2682 section 336(a) of Pub. L. 95598 Pub. L. 98454, title X,  1001 Oct. 5, 1984 98 Stat. 1745 Jurisdiction of District Court Over Pending Cases Pub. L. 98454, title VII,  703(b) Oct. 5, 1984 98 Stat. 1738 The provisions of this section [amending this section] shall not result in the loss of jurisdiction of the District Court of the Virgin Islands over any complaint or proceeding pending in it on the day preceding the effective date of this amendatory Act [see Effective Date of 1984 Amendment note set out under section 1424 of this title Pub. L. 98454  1613. Relations between courts of United States and courts of Virgin Islands; review by United States Court of Appeals for Third Circuit; reports to Congress; rules  The relations between the courts established by the Constitution or laws of the United States and the courts established by local law with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings. ( July 22, 1954, ch. 558,  23 68 Stat. 506 Pub. L. 98454, title VII,  704 Oct. 5, 1984 98 Stat. 1739 Pub. L. 103437,  17(a)(4) Nov. 2, 1994 108 Stat. 4595 Pub. L. 112226,  1 Dec. 28, 2012 126 Stat. 1606  Editorial Notes Amendments 2012 Pub. L. 112226 Provided section 1611(a) of this title 1994 Pub. L. 103437 1984 Pub. L. 98454 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112226 Dec. 28, 2012 section 3 of Pub. L. 112226 section 1260 of Title 28 Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title  1613a. Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Third Circuit; rules; appeals to appellate court (a) Appellate jurisdiction of District Court Prior to the establishment of the appellate court authorized by section 1611(a) of this title Provided (b) Appellate division of District Court; quorum; presiding judge; designation of judges; decisions Appeals to the District Court of the Virgin Islands shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The chief judge of the district court shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges who are serving on, or are assigned to, the district court from time to time pursuant to section 1614(a) of this title Provided 1 1 (c) United States Court of Appeals for Third Circuit; jurisdiction; appeals; rules The United States Court of Appeals for the Third Circuit shall have jurisdiction of appeals from all final decisions of the district court on appeal from the courts established by local law. The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection. (d) Appeals to appellate court; effect on District Court Upon the establishment of the appellate court provided for in section 1611(a) of this title ( July 22, 1954, ch. 558,  23A Pub. L. 98454, title VII,  705 Oct. 5, 1984 98 Stat. 1739  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this Act, meaning act July 22, 1954, ch. 558 68 Stat. 497 section 1541 of this title The effective date of this Act, referred to in subsec. (b), probably means the effective date of title VII of Pub. L. 98454 Oct. 5, 1984 Statutory Notes and Related Subsidiaries Effective Date Section effective on ninetieth day following Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title  1614. Judges of District Court (a) Appointment; tenure; removal; chief judge; compensation The President shall, by and with the advice and consent of the Senate, appoint two judges for the District Court of the Virgin Islands, who shall hold office for terms of ten years and until their successors are chosen and qualified, unless sooner removed by the President for cause. The judge of the district court who is senior in continuous service and who otherwise qualifies under section 136(a) of title 28 (b) Criminal offenses; procedure; definitions; indictment and information Where appropriate, the provisions of part II of title 18 and of title 28 and, notwithstanding the provisions of rule 7(a) and of rule 54(a) of the Federal Rules of Criminal Procedure relating to the requirement of indictment and to the prosecution of criminal offenses in the Virgin Islands by information, respectively, the rules of practice heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28 shall apply to the district court and appeals therefrom: Provided Provided further section 1612(c) of this title Provided further section 1612(b) of this title (c) United States marshal The Attorney General shall appoint a United States marshal for the Virgin Islands, to whose office the provisions of chapter 37 of title 28 shall apply. ( July 22, 1954, ch. 558,  24 68 Stat. 506 Pub. L. 85851,  7 Aug. 28, 1958 72 Stat. 1095 Pub. L. 91272,  3(b) June 2, 1970 84 Stat. 296 Pub. L. 98454, title VII,  706(a) Oct. 5, 1984 98 Stat. 1740  Editorial Notes  References in Text The Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. Codification In subsec. (c), chapter 37 of title 28 substituted for chapter 33 of title 28 on authority of Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Amendments 1984Subsec. (a). Pub. L. 98454,  706(a) Subsec. (b). Pub. L. 98454,  706(b) 1970Subsec. (a). Pub. L. 91272 Subsec. (b). Pub. L. 91272 Subsec. (c). Pub. L. 91272 1958 Pub. L. 85851 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title Chief Judge; District Court; Determination and Qualifications Pub. L. 98454, title VII,  706(c) Oct. 5, 1984 98 Stat. 1741 The provisions of subsection (a) of this section [amending this section] regarding the determination and qualifications of the chief judge of the District Court of the Virgin Islands shall not apply to a person serving as chief judge of said court on the effective date of this Act [see Effective Date of 1984 Amendment note set out under section 1424 of this title Extension of Term of District Judges Extension of term of district court judges to ten years applicable to judges holding office on Oct. 5, 1984 section 1004 of Pub. L. 98454 section 1424b of this title Present Incumbent Enactment of this chapter as not affecting term of office of judge of the District Court of the Virgin Islands in office on the date of its enactment, see Effective Date note set out under section 1541 of this title Resignation and Retirement of Judges Resignation and retirement of judges in the Territories and possessions, see section 373 of Title 28  1615. Judicial divisions  The Virgin Islands consists of two judicial divisions; the Division of Saint Croix, comprising the island of Saint Croix and adjacent islands and cays, and the Division of Saint Thomas and Saint John, comprising the islands of Saint Thomas and Saint John and adjacent islands and cays. ( July 22, 1954, ch. 558,  25 68 Stat. 507 Pub. L. 95598, title III,  336(b) Nov. 6, 1978 92 Stat. 2680 Pub. L. 98454, title VII,  707 Oct. 5, 1984 98 Stat. 1741 Pub. L. 101219, title II,  203 Dec. 12, 1989 103 Stat. 1874  Editorial Notes Amendments 1989 Pub. L. 101219 1984 Pub. L. 98454 section 1614 of this title section 336 of Pub. L. 95598 1978 Pub. L. 95598 section 2075 of title 28 section 53 of title 11 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title Effective Date of 1978 Amendment Pub. L. 95598, title IV,  402(e) Nov. 6, 1978 92 Stat. 2682 section 336(b) of Pub. L. 95598 Pub. L. 98454, title X,  1001 Oct. 5, 1984 98 Stat. 1745  1616. Trial by jury  All criminal cases originating in the district court shall be tried by jury upon demand by the defendant or by the Government. If no jury is demanded the case shall be tried by the judge of the district court without a jury, except that the judge may, on his own motion, order a jury for the trial of any criminal action. The legislature may provide for trial in misdemeanor cases by a jury of six qualified persons. ( July 22, 1954, ch. 558,  26 68 Stat. 507 Pub. L. 85851,  8 Aug. 28, 1958 72 Stat. 1095  Editorial Notes Amendments 1958 Pub. L. 85851  1617. United States attorney; appointment; duties  The President shall, by and with the advice and consent of the Senate, appoint a United States attorney for the Virgin Islands to whose office the provisions of chapter 35 of title 28, shall apply. Except as otherwise provided by law it shall be the duty of the United States attorney to prosecute all offenses against the United States and to conduct all legal proceedings, civil and criminal, to which the Government of the United States is a party in the district court and in the courts established by local law. He shall also prosecute in the district court in the name of the government of the Virgin Islands all offenses against the laws of the Virgin Islands which are cognizable by that court unless, at his request or with his consent, the prosecution of any such case is conducted by the attorney general of the Virgin Islands. The United States attorney may, when requested by the Governor or the attorney general of the Virgin Islands, conduct any other legal proceedings to which the government of the Virgin Islands is a party in the district court or the courts established by local law. ( July 22, 1954, ch. 558,  27 68 Stat. 507 Pub. L. 85851,  9 Aug. 28, 1958 72 Stat. 1095 Pub. L. 86289,  4 Sept. 16, 1959 73 Stat. 569 Pub. L. 9224 June 2, 1971 85 Stat. 76 Pub. L. 98454, title VII,  708 Oct. 5, 1984 98 Stat. 1741  Editorial Notes Amendments 1984 Pub. L. 98454 1971 Pub. L. 9224 1959 Pub. L. 86289 1958 Pub. L. 85851 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title SUBCHAPTER VI SYSTEM OF ACCOUNTS  1631. Establishment and maintenance; scope The Governor shall establish and maintain systems of accounting and internal control designed to provide (a) full disclosure of the financial results of the governments activities; (b) adequate financial information needed for the governments management purposes; (c) effective control over and accountability for all funds, property, and other assets for which the government is responsible, including appropriate internal audit; and (d) reliable accounting results to serve as the basis for preparation and support of the governments request for the approval of the President or his designated representative for the obligation and expenditure of the internal revenue collections as provided in section 26, the Governors budget request to the legislature, and for controlling the execution of the said budget. ( July 22, 1954, ch. 558,  18 68 Stat. 505  Editorial Notes  References in Text Section 26, referred to in subsec. (d), probably means section 26 of S. 3378 ( act July 22, 1954, ch. 558 68 Stat. 497 section 7652(b)(3) of Title 26 section 7852(b) of Title 26 Statutory Notes and Related Subsidiaries Agreement Regarding Financial Accountability and Performance Standards Pub. L. 10684,  2 Oct. 28, 1999 113 Stat. 1295  (a)  In General The Secretary of the Interior is authorized to enter into an agreement with the Governor of the Virgin Islands establishing mutually agreed financial accountability and performance standards for the fiscal operations of the Government of the Virgin Islands. (b)  Transmission to Congress Upon ratification of the agreement authorized in subsection (a) by both parties, the Secretary shall forward a copy of the agreement to the Committee on Resources [now Committee on Natural Resources] in the House of Representatives and the Committee on Energy and Natural Resources in the Senate.  1632. Repealed. Pub. L. 90496,  14 Aug. 23, 1968 82 Stat. 842   Section, act July 22, 1954, ch. 558,  19 68 Stat. 505 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 90496,  14 Aug. 23, 1968 82 Stat. 842 Pub. L. 90496 Aug. 23, 1968 SUBCHAPTER VII FISCAL PROVISIONS  1641. Method of payment of official salaries  The salaries and travel allowances of the Governor, Lieutenant Governor, the heads of the executive departments, other officers and employees of the government of the Virgin Islands, and the members of the legislature shall be paid by the government of the Virgin Islands at rates prescribed by the laws of the Virgin Islands. ( July 22, 1954, ch. 558,  20 68 Stat. 506 Pub. L. 85851,  6(a) Aug. 28, 1958 72 Stat. 1095 Pub. L. 90496,  10 Aug. 23, 1968 82 Stat. 841  Editorial Notes Codification Prior to the 1968 amendment of section 20 of act July 22, 1954 Section 10 of Pub. L. 90496 Amendments 1968 Pub. L. 90496 1958 Pub. L. 85851 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970 Jan. 1, 1970 Pub. L. 90496 Jan. 4, 1971 section 16 of Pub. L. 90496 section 1591 of this title Effective Date of 1958 Amendment Pub. L. 85851,  6(b) Aug. 28, 1958 72 Stat. 1095 This section 6 [amending this section] shall become effective on July 1, 1959 Elimination of General Fund Deficits of Guam and Virgin Islands Pub. L. 96597, title VI,  607 Dec. 24, 1980 94 Stat. 3483 Pub. L. 97357, title VI,  601 Oct. 19, 1982 96 Stat. 1712 Authorization of Appropriations for Grants for Anticipated Deficits During Fiscal Years 1979 Through 1981; Terms and Conditions; Report on Financial Condition; Contents Pub. L. 95348,  4(d) Aug. 18, 1978 92 Stat. 491 Pub. L. 96205, title IV,  404 Mar. 12, 1980 94 Stat. 89  1642. Use of certain proceeds for expenditure; income tax obligations of inhabitants  The proceeds of customs duties, the proceeds of the United States income tax, the proceeds of any taxes levied by the Congress on the inhabitants of the Virgin Islands, and the proceeds of all quarantine, passport, immigration, and naturalization fees collected in the Virgin Islands, (less the cost of collecting such duties, taxes and fees as may be directly attributable (as certified by the Comptroller of the Virgin Islands) to the importation of petroleum products until January 1, 1982 Provided August 18, 1978 Provided Provided further ( July 22, 1954, ch. 558,  28(a) 68 Stat. 508 Pub. L. 95348,  4(c)(3) Aug. 18, 1978 92 Stat. 491 Pub. L. 96205, title IV,  403(a) Mar. 12, 1980 94 Stat. 89  Editorial Notes  References in Text Act of August 18, 1978 Pub. L. 95348 Aug. 18, 1978 92 Stat. 487 section 410dd of Title 16 This chapter, referred to in text, was in the original this Act, meaning act July 22, 1954, ch. 558 68 Stat. 497 section 1541 of this title Section 3811 of the Internal Revenue Code, referred to in text, means section 3811 of the Internal Revenue Code of 1939, which was repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. Similar provisions are contained in section 7651 of Title 26 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 section 1 of Title 26 section 7852(b) of Title 26 Codification Section constitutes subsec. (a) of section 28 of act July 22, 1954 Amendments 1980 Pub. L. 96205 Jan. 1, 1982 1978 Pub. L. 95348  1642a. Availability of collected customs duties for expenditures as Legislature may provide  Notwithstanding any other provision of law, the proceeds of customs duties collected in the Virgin Islands less the cost of collecting all said duties shall, effective for fiscal years beginning after September 30, 1979 1 1 ( Pub. L. 96304, title I,  100 July 8, 1980 94 Stat. 907  Editorial Notes Prior Provisions A prior section 1642a, Pub. L. 9638, title I July 25, 1979 93 Stat. 122 Pub. L. 96205, title IV,  403(b) Mar. 12, 1980 94 Stat. 89  1643. Import provisions with respect to trade-marks  Section 1124 of title 15 section 1526 of title 19 15 U.S.C. 1051 ( July 22, 1954, ch. 558,  28(c) 68 Stat. 509  Editorial Notes  References in Text The Trade Mark Act, referred to in text, probably means the Trademark Act of 1946, also popularly known as the Lanham Act, act July 5, 1946, ch. 540 60 Stat. 427 section 1051 of Title 15 Codification Section constitutes subsec. (c) of section 28 of act July 22, 1954  1644. Import duties on articles entering United States or possessions from Virgin Islands  All articles coming into the United States from the Virgin Islands shall be subject to or exempt from duty as provided for in section 1301a 1 1 section 7652(b) of title 26 ( July 22, 1954, ch. 558,  28(d) 68 Stat. 509 Sept. 1, 1954, ch. 1213 68 Stat. 1140 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Editorial Notes  References in Text Section 1301a of title 19 Pub. L. 87456, title III,  301(a) May 24, 1962 76 Stat. 75 section 1202 of Title 19 Codification Section constitutes subsec. (d) of section 28 of act July 22, 1954 Amendments 1986 Pub. L. 99514 1954Act Sept. 1, 1954 section 1301a of Title 19 Statutory Notes and Related Subsidiaries Effective Date of 1954 Amendment Amendment by act Sept. 1, 1954 Sept. 1, 1954 Sept. 1, 1954 section 1421e of this title  1645. Remittance of duties, taxes, and fees to be collected in next fiscal year; authorization, prerequisites, amount, etc.  Beginning as soon as the government of the Virgin Islands enacts legislation establishing a fiscal year commencing on October 1 and ending on September 30, the Secretary of the Treasury, prior to the commencement of any fiscal year, shall remit to the government of the Virgin Islands the amount of duties, taxes, and fees which the Governor of the Virgin Islands, with the concurrence of the government comptroller of the Virgin Islands, has estimated will be collected in or derived from the Virgin Islands under the Revised Organic Act of the Virgin Islands [ 48 U.S.C. 1541 1 1 ( Pub. L. 95348,  4(c)(2) Aug. 18, 1978 92 Stat. 490  Editorial Notes  References in Text The Revised Organic Act of the Virgin Islands, referred to in text, is act July 22, 1954, ch. 558 68 Stat. 497 section 1541 of this title Section 1574d of this title Pub. L. 97357, title III,  308(g) Oct. 19, 1982 96 Stat. 1710 Codification Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter. CHAPTER 13 EASTERN SAMOA    Sec.  1661. Islands of eastern Samoa.  1662. Sovereignty of United States extended over Swains Island.  1662a. Amendment of constitution of American Samoa.  1663. Acknowledgment of deeds.  1664. Repealed.  1665. Omitted.  1666. Extension of scientific, technical, and other assistance; grant-in-aid program restriction; limitations on expenditures.  1667. Repealed.  1668. Reporting duties of Governor and transfer of functions from government comptroller for American Samoa to Inspector General, Department of the Interior.  1669. Administration and enforcement of collection of customs duties; employment and training of residents.  1670. Industrial development bonds.  1661. Islands of eastern Samoa (a) Ceded to and accepted by United States The cessions by certain chiefs of the islands of Tutuila and Manua and certain other islands of the Samoan group lying between the thirteenth and fifteenth degrees of latitude south of the Equator and between the one hundred and sixty-seventh and one hundred and seventy-first degrees of longitude west of Greenwich, herein referred to as the islands of eastern Samoa, are accepted, ratified, and confirmed, as of April 10, 1900 July 16, 1904 (b) Public land laws; revenue The existing laws of the United States relative to public lands shall not apply to such lands in the said islands of eastern Samoa; but the Congress of the United States shall enact special laws for their management and disposition: Provided (c) Government Until Congress shall provide for the government of such islands, all civil, judicial, and military powers shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned. ( Feb. 20, 1929, ch. 281 45 Stat. 1253 May 22, 1929, ch. 6 46 Stat. 4  Editorial Notes  References in Text The existing laws of the United States relative to public lands, referred to in subsec. (b), are classified generally to Title 43, Public Lands. Codification Subsec. (d) of this section, which provided for recommendation of legislation concerning the islands of eastern Samoa by seven commissioners as soon as reasonably practicable, was omitted from the Code. Section was formerly classified to section 1431a of this title Amendments 1929Subsec. (d). Act May 22, 1929 Statutory Notes and Related Subsidiaries Authority of Guam, American Samoa, and the Northern Mariana Islands To Enact Revenue Laws See section 1271 of Pub. L. 99514 section 931 of Title 26 Submerged Lands, Conveyance to Territory Conveyance of submerged lands to the government of American Samoa, see section 1701 et seq. of this title.  1662. Sovereignty of United States extended over Swains Island  The sovereignty of the United States over American Samoa is extended over Swains Island, which is made a part of American Samoa and placed under the jurisdiction of the administrative and judicial authorities of the government established therein by the United States. ( Mar. 4, 1925, ch. 563 43 Stat. 1357  Editorial Notes Codification Section was formerly classified to section 1431 of this title Statutory Notes and Related Subsidiaries Transfer of Personal Property to Government of American Samoa Pub. L. 96597, title I,  101 Dec. 24, 1980 94 Stat. 3477 Notwithstanding any other provision of law and subject to valid existing rights, all right, title, and interest of the Government of the United States in personal property situated in American Samoa shall be transferred, without reimbursement, to the American Samoa government on October 1, 1981 Transfer of Certain Property to Government of American Samoa Pub. L. 87158 Aug. 17, 1961 75 Stat. 392 August 17, 1961 Submerged Lands, Conveyance to Territory Conveyance of submerged lands to the government of American Samoa, see section 1701 et seq. of this title. Executive Documents  Ex. Ord. No. 10264. Transfer of Administration of American Samoa Ex. Ord. No. 10264, eff. June 29, 1951 1. The administration of American Samoa is hereby transferred from the Secretary of the Navy to the Secretary of the Interior, such transfer to become effective on July 1, 1951 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of administration of American Samoa as embodied in the above-mentioned memorandum of understanding between the two departments. 3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government in American Samoa. 4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order. 5. The said Executive order of February 19, 1900 July 1, 1951  Harry S. Truman.  1662a. Amendment of constitution of American Samoa  Amendments of, or modifications to, the constitution of American Samoa, as approved by the Secretary of the Interior pursuant to Executive Order 10264 as in effect January 1, 1983 ( Pub. L. 98213,  12 Dec. 8, 1983 97 Stat. 1462  Editorial Notes  References in Text Executive Order 10264, referred to in text, is set out under section 1662 of this title  1663. Acknowledgment of deeds  Deeds and other instruments affecting land situate in the District of Columbia or any Territory of the United States may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge, appointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary public: Provided ( June 28, 1906, ch. 3585 34 Stat. 552  Editorial Notes  References in Text For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22 Codification Section is also classified to section 1421f1 of this title Section was formerly classified to sections 1358 and 1432 of this title.  1664. Repealed. Pub. L. 109304,  19 Oct. 6, 2006 120 Stat. 1710   Section, act June 14, 1934, ch. 523 48 Stat. 963 section 55101 of Title 46  1665. Omitted  Editorial Notes Codification Section, act Oct. 5, 1992 Pub. L. 102381, title I 106 Stat. 1392 section 1469e of this title Nov. 13, 1991 Pub. L. 102154, title I 105 Stat. 1007 Nov. 5, 1990 Pub. L. 101512, title I 104 Stat. 1932 Oct. 23, 1989 Pub. L. 101121, title I 103 Stat. 716 Sept. 27, 1988 Pub. L. 100446, title I 102 Stat. 1797 Dec. 22, 1987 Pub. L. 100202,  101(g) [title I] 101 Stat. 1329213 Oct. 18, 1986 Pub. L. 99500,  101(h) [title I] 100 Stat. 1783242 Oct. 30, 1986 Pub. L. 99591,  101(h) [title I] 100 Stat. 3341242 Dec. 19, 1985 Pub. L. 99190,  101(d) [title I] 99 Stat. 1224 Oct. 12, 1984 Pub. L. 98473, title I,  101(c) [title I] 98 Stat. 1837 Nov. 4, 1983 Pub. L. 98146, title I 97 Stat. 931 Dec. 30, 1982 Pub. L. 97394, title I 96 Stat. 1979 Dec. 23, 1981 Pub. L. 97100, title I 95 Stat. 1401 Dec. 12, 1980 Pub. L. 96514, title I 94 Stat. 2969 Nov. 27, 1979 Pub. L. 96126, title I 93 Stat. 965 Oct. 17, 1978 Pub. L. 95465, title I 92 Stat. 1289 July 26, 1977 Pub. L. 9574, title I 91 Stat. 295 July 31, 1976 Pub. L. 94373, title I 90 Stat. 1052 Dec. 23, 1975 Pub. L. 94165, title I 89 Stat. 987 Aug. 31, 1974 Pub. L. 93404, title I 88 Stat. 812 Oct. 4, 1973 Pub. L. 93120, title I 87 Stat. 433 Aug. 10, 1972 Pub. L. 92369, title I 86 Stat. 512 Aug. 10, 1971 Pub. L. 9276, title I 85 Stat. 233 July 31, 1970 Pub. L. 91361, title I 84 Stat. 673 Oct. 29, 1969 Pub. L. 9198, title I 83 Stat. 151 July 26, 1968 Pub. L. 90425, title I 82 Stat. 430 June 24, 1967 Pub. L. 9028, title I 81 Stat. 63 May 31, 1966 Pub. L. 89435, title I 80 Stat. 174 June 28, 1965 Pub. L. 8952, title I 79 Stat. 179 July 7, 1964 Pub. L. 88356, title I 78 Stat. 278 July 26, 1963 Pub. L. 8879, title I 77 Stat. 102 Aug. 9, 1962 Pub. L. 87578, title I 76 Stat. 339 Aug. 3, 1961 Pub. L. 87122, title I 75 Stat. 250 May 13, 1960 Pub. L. 86455, title I 74 Stat. 112 June 23, 1959 Pub. L. 8660, title I 73 Stat. 101 June 4, 1958 Pub. L. 85439, title I 72 Stat. 163 July 1, 1957 Pub. L. 8577, title I 71 Stat. 265 June 13, 1956, ch. 380 70 Stat. 265 June 16, 1955, ch. 147 69 Stat. 149 July 1, 1954, ch. 446 68 Stat. 372 July 31, 1953, ch. 298 67 Stat. 273 July 9, 1952, ch. 597 66 Stat. 457 Aug. 31, 1951, ch. 375 65 Stat. 263  1666. Extension of scientific, technical, and other assistance; grant-in-aid program restriction; limitations on expenditures Upon request of the Secretary of the Interior (a) the head of any Federal department, agency, or corporation may, notwithstanding any other provision of law, extend to American Samoa, without reimbursement, such scientific, technical, and other assistance under any program which it administers as, in the judgment of the Secretary of the Interior, will promote the welfare of American Samoa. The provisions of the preceding sentence shall not apply to financial assistance under any grant-in-aid program. The Secretary of the Interior shall not request assistance pursuant to this subsection which will involve nonreimbursable costs as estimated for him in advance by the heads of the departments, agencies, and corporations concerned in excess of an aggregate of $150,000 in any one fiscal year; (b) the Secretary of Agriculture may extend to American Samoa the benefits of the Richard B. Russell National School Lunch Act, as amended [ 42 U.S.C. 1751 (c) the Secretary of Health, Education, and Welfare may extend to American Samoa the benefits of the Vocational Education Act of 1946, the Hospital Survey and Construction Act [ 42 U.S.C. 291 section 246 of title 42 ( Pub. L. 87688,  1 Sept. 25, 1962 76 Stat. 586 Pub. L. 104208, div. A, title I,  101(e) [title VII,  709(a)(7)] Sept. 30, 1996 110 Stat. 3009233 Pub. L. 10678, title VII,  752(b)(18) Oct. 22, 1999 113 Stat. 1170  Editorial Notes  References in Text The Richard B. Russell National School Lunch Act, as amended, referred to in subsec. (b), is act June 4, 1946, ch. 281 60 Stat. 230 section 1751 of Title 42 The Vocational Education Act of 1946, referred to in subsec. (c), is act June 8, 1936, ch. 541 49 Stat. 1488 section 103 of Pub. L. 90576 Oct. 16, 1968 82 Stat. 1091 The Hospital Survey and Construction Act, referred to in subsec. (c), is act Aug. 13, 1946, ch. 958 60 Stat. 1041 Pub. L. 88443,  3(a) Aug. 18, 1964 78 Stat. 447 Amendments 1999Subsec. (b). Pub. L. 10678 1996Subsec. (c). Pub. L. 104208 Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of functions and offices (relating to education) of Secretary and Department of Health, Education, and Welfare to Secretary and Department of Education, and termination of certain offices and positions and redesignation of Secretary of Health, Education, and Welfare as Secretary of Health and Human Services, see sections 3441, 3503, and 3508 of Title 20, Education.  1667. Repealed. Pub. L. 90576, title I,  103 Oct. 16, 1968 82 Stat. 1091   Section, Pub. L. 87688,  2 Sept. 25, 1962 76 Stat. 586 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 90576, title I,  103 Oct. 16, 1968 82 Stat. 1091 July 1, 1969  1668. Reporting duties of Governor and transfer of functions from government comptroller for American Samoa to Inspector General, Department of the Interior (a) Comprehensive annual financial report; contents; other reports The Governor of American Samoa shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council of Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. (b) Functions, powers, and duties transferred The following functions, powers, and duties heretofore vested in the government comptroller for American Samoa are hereby transferred to the Inspector General, Department of the Interior, for the purpose of establishing an organization which will maintain a satisfactory level of independent audit oversight of the government of American Samoa: (1) The authority to audit all accounts pertaining to the revenue and receipts of the government of American Samoa, and of funds derived from bond issues, and the authority to audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the government of American Samoa including those pertaining to trust funds held by the government of American Samoa. (2) The authority to report to the Secretary of the Interior and the Governor of American Samoa all failures to collect amounts due the government, and expenditures of funds or uses or property which are irregular or not pursuant to law. (c) Scope of authority transferred The authority granted in paragraph (b) shall extend to all activities of the government of American Samoa, and shall be in addition to the authority conferred upon the Inspector General by chapter 4 of title 5. (d) Transfer of personnel, assets, etc., of office of government comptroller for American Samoa to Office of Inspector General, Department of the Interior In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for American Samoa relating to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior. ( Pub. L. 96205, title V,  501 Pub. L. 97357, title IV,  402 Oct. 19, 1982 96 Stat. 1711 Pub. L. 105362, title IX,  901 o Nov. 10, 1998 112 Stat. 3291 Pub. L. 117286,  4(b)(93) Dec. 27, 2022 136 Stat. 4352  Editorial Notes Prior Provisions A prior section 1668, Pub. L. 96205, title V,  501 Mar. 12, 1980 94 Stat. 90 Pub. L. 97357,  402 Amendments 2022Subsec. (c). Pub. L. 117286 92 Stat. 1101 1998Subsec. (a). Pub. L. 105362 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1669. Administration and enforcement of collection of customs duties; employment and training of residents  The Secretary of the Treasury shall, upon the request of the Governor of American Samoa, administer and enforce the collection of all customs duties derived from American Samoa, without cost to the government of American Samoa. The Secretary of the Treasury, in consultation with the Governor of American Samoa, shall make every effort to employ and train the residents of American Samoa to carry out the provisions of this section. The administration and enforcement of this section shall commence October 1, 1980 ( Pub. L. 96205, title V,  502 Mar. 12, 1980 94 Stat. 90  1670. Industrial development bonds (a) Issuance The legislature of the government of American Samoa may cause to be issued after September 20, 1984 1 1 (b) Exemption of all bonds from income taxation by State and local governments (1) In general The interest on any bond or other obligation issued by or on behalf of the Government of American Samoa shall be exempt from taxation by the Government of American Samoa and the governments of any of the several States, the District of Columbia, any territory or possession of the United States, and any subdivision thereof. (2) Exemption applicable only to income taxes The exemption provided by paragraph (1) shall not apply to gift, estate, inheritance, legacy, succession, or other wealth transfer taxes. (c) Cross reference For exclusion of interest for purposes of Federal income taxation, see section 103 of title 26 ( Pub. L. 98454, title II,  202 Oct. 5, 1984 98 Stat. 1733 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 108326,  1(a) Oct. 16, 2004 118 Stat. 1270  Editorial Notes  References in Text Section 103, referred to in subsec. (a), which related to interest on certain governmental obligations was amended generally by Pub. L. 99514, title XIII,  1301(a) Oct. 22, 1986 100 Stat. 2602 Amendments 2004Subsec. (b). Pub. L. 108326 1986Subsecs. (a), (c). Pub. L. 99514 Statutory Notes and Related Subsidiaries Effective Date of 2004 Amendment Pub. L. 108326,  2 Oct. 16, 2004 118 Stat. 1270 This Act [amending this section] shall apply to obligations issued after the date of the enactment of this Act [ Oct. 16, 2004 CHAPTER 14 TRUST TERRITORY OF THE PACIFIC ISLANDS    Sec.  1681. Continuance of civil government for Trust Territory of the Pacific Islands; assistance programs; maximum fiscal year costs; reimbursement.  1681a. Appointment of High Commissioner.  1681b. Transfer of functions from government comptroller for Guam to Inspector General, Department of the Interior.  1681c 1682. Repealed or Omitted.  1683. Auditing of transactions of Trust Territory of the Pacific Islands.  1684. Expenditure of funds for administration of Trust Territory of the Pacific Islands.  1685. Transfer of property or money for administration of Trust Territory of the Pacific Islands.  1686 1687. Omitted.  1688. Trust Territory of the Pacific Islands Economic Development Loan Fund.  1689. Plan for use of grant to Trust Territory of the Pacific Islands Economic Development Loan Fund; loans; terms.  1690. Loans from Trust Territory of the Pacific Islands Economic Loan Fund; restrictions; guarantees.  1691. Fiscal control and accounting procedures for plan for use of grant.  1692. Comprehensive annual financial report by chief executives of governments of the Marshall Islands, Federated States of Micronesia, Palau, and Northern Mariana Islands; contents; other reports.  1693. Audit of government; access to books, records, etc.  1694 1694e. Transferred.  1695. Federal education and health care programs; nonapplicability or nonparticipation.  Executive Documents  Termination of Trust Territory of the Pacific Islands The Trust Territory of the Pacific Islands, which included the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau, terminated. The Trusteeship Agreement terminated with respect to the Republic of the Marshall Islands on Oct. 21, 1986 Nov. 3, 1986 Oct. 1, 1994 Nov. 3, 1986 section 1801 of this title Sept. 27, 1994 section 1931 of this title For provisions relating to the Northern Mariana Islands, formerly set out as notes under section 1681 of this title section 1681 of this title  1681. Continuance of civil government for Trust Territory of the Pacific Islands; assistance programs; maximum fiscal year costs; reimbursement (a) Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize. (b) The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided Provided further ( June 30, 1954, ch. 423,  1 68 Stat. 330 Pub. L. 88487,  1 Aug. 22, 1964 78 Stat. 601  Editorial Notes  References in Text Section 2 of this Act, referred to in subsec. (b), means section 2 of act June 30, 1954 Codification Section was formerly classified to section 1435 of this title Amendments 1964 Pub. L. 88487 Statutory Notes and Related Subsidiaries Notes Transferred For provisions relating to the Northern Mariana Islands, formerly set out as notes under this section, see chapter 17 ( 1801 et seq.) of this title. For provisions relating to the Federated States of Micronesia, the Marshall Islands, and Palau, formerly set out as notes under this section, see chapter 18 ( 1901 et seq.) of this title. Similar Provisions Similar provisions continuing the civil government for the Trust Territory of the Pacific Islands until June 30, 1954 act Aug. 8, 1953, ch. 383 67 Stat. 494 Authorization of Appropriations Pub. L. 87541 July 19, 1962 76 Stat. 171 Section 2 of act June 30, 1954 July 19, 1962 Pub. L. 87541 76 Stat. 171 May 10, 1967 Pub. L. 9016,  1 81 Stat. 15 Oct. 21, 1968 Pub. L. 90617,  1 82 Stat. 1213 Dec. 24, 1970 Pub. L. 91578 84 Stat. 1559 Sept. 21, 1973 Pub. L. 93111,  1 87 Stat. 354 May 28, 1975 Pub. L. 9427,  1 89 Stat. 95 Apr. 1, 1976 Pub. L. 94255,  1 90 Stat. 299 Oct. 15, 1977 Pub. L. 95134, title I,  101 91 Stat. 1159 Mar. 12, 1980 Pub. L. 96205, title I,  101 94 Stat. 84 Dec. 24, 1980 Pub. L. 96597, title IV,  401 94 Stat. 3478 There are authorized to be appropriated not to exceed $25,000,000 for fiscal year 1967, for fiscal year 1975, $75,000,000 for fiscal year 1976, $80,000,000; for the period beginning July 1, 1976 September 30, 1976 Apr. 1, 1976 Provided Inventory and Study of Most Unique and Significant Natural, Historical, etc., Resources of Trust Territory of the Pacific Islands Pub. L. 97357, title II,  205 Oct. 19, 1982 96 Stat. 1708 Oct. 19, 1982 Establishment of Permanent Location for Displaced People of Bikini Island; Progress Report to Congress; Contents Pub. L. 95348,  2(c) Aug. 18, 1978 92 Stat. 488 July 1, 1979 Disaster Relief Section 3 of act June 30, 1954, ch. 423 Pub. L. 90617,  2 Oct. 21, 1968 82 Stat. 1213 Pub. L. 91606, title III,  301(k) Dec. 31, 1970 84 Stat. 1759 Pub. L. 93288, title VII,  702(k) May 22, 1974 88 Stat. 164 Pub. L. 103337, div. C, title XXXIV,  3411(a)(1) Oct. 5, 1994 108 Stat. 3100 Pub. L. 100707, title I,  109(w) Nov. 23, 1988 102 Stat. 4710 There are hereby authorized to be appropriated such sums as the Secretary of the Interior may find necessary, but not to exceed $10,000,000 for any one year, to alleviate suffering and damage resulting from major disasters that occur in the Trust Territory of the Pacific Islands. Such sums shall be in addition to those authorized in section 2 of this Act [set out as a note above] and shall not be subject to the limitations imposed by section 2 of this Act. The Secretary of the Interior shall determine whether or not a major disaster has occurred in accordance with the principles and policies of sections 102(2) and 401 of the [Robert T. Stafford] Disaster Relief and Emergency Assistance Act [ 42 U.S.C. 5122(2) Island Trading Company of Micronesia Act Aug. 8, 1953, ch. 383,  3 67 Stat. 495 66 Stat. 445 Dec. 31, 1954 Authorizing Approval of Trusteeship Agreement for the Territory of the Pacific Islands Act July 18, 1947, ch. 271 61 Stat. 397 Apr. 2, 1947 Executive Documents  Executive Order No. 10265 Ex. Ord. No. 10265, eff. June 29, 1951 May 8, 1962  Executive Order No. 11021 Ex. Ord. No. 11021, eff. May 7, 1962 Oct. 25, 1976 Oct. 16, 1986 section 1901 of this title  1681a. Appointment of High Commissioner  Any appointment made on or after May 10, 1967 ( Pub. L. 9016,  2 May 10, 1967 81 Stat. 15  1681b. Transfer of functions from government comptroller for Guam to Inspector General, Department of the Interior (a) Functions, powers, and duties transferred The following functions, powers, and duties heretofore vested in the government comptroller for Guam with respect to the government of the Trust Territory of the Pacific Islands and the government of the Northern Mariana Islands are hereby transferred to the Inspector General, Department of the Interior, for the purpose of establishing an organization which will maintain a satisfactory level of independent audit oversight of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands: (1) The authority to audit all accounts pertaining to the revenue and receipts of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands, and of funds derived from bond issues, and the authority to audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the aforementioned governments including those pertaining to trust funds held by such governments. (2) The authority to report to the Secretary of the Interior, the High Commissioner of the Trust Territory of the Pacific Islands, the chief executives of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands all failures to collect amounts due the governments, and expenditures of funds or uses of property which are irregular or not pursuant to law. (b) Scope of authority transferred The authority granted in paragraph (a) shall extend to all activities of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands, and shall be in addition to the authority conferred upon the Inspector General by chapter 4 of title 5. This section is not subject to termination under section 502(a)(3) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America ( 90 Stat. 263 (c) Transfer of personnel, assets, etc., of office of government comptroller for Guam to Office of Inspector General, Department of the Interior In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for Guam related to its audit function, with respect to the government of the Trust Territory of the Pacific Islands and the government of the Northern Mariana Islands are hereby transferred to the Office of Inspector General, Department of the Interior. ( June 30, 1954, ch. 423,  4 Pub. L. 97357, title II,  203(b) Oct. 19, 1982 96 Stat. 1707 Pub. L. 117286,  4(b)(94) Dec. 27, 2022 136 Stat. 4352  Editorial Notes  References in Text Section 502(a)(3) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in subsec. (b), is contained in section 1 of Pub. L. 94241 section 1801 of this title Prior Provisions A prior section 1681b, acts June 30, 1954, ch. 423,  4 Sept. 21, 1973 Pub. L. 93111,  2 87 Stat. 354 Oct. 15, 1977 Pub. L. 95134, title II,  203(b) 91 Stat. 1162 Mar. 12, 1980 Pub. L. 96205, title II,  201(b) 94 Stat. 85 Pub. L. 97357,  203(b) Amendments 2022Subsec. (b). Pub. L. 117286 92 Stat. 1101  1681c. Repealed. Pub. L. 97357, title II,  203(d) Oct. 19, 1982 96 Stat. 1708   Section, Pub. L. 96205, title II,  201(a) Mar. 12, 1980 94 Stat. 85  1682. Omitted  Editorial Notes Codification Section, act Oct. 5, 1992 Pub. L. 102381, title I 106 Stat. 1393 section 1469e of this title Nov. 13, 1991 Pub. L. 102154, title I 105 Stat. 1008 Nov. 5, 1990 Pub. L. 101512, title I 104 Stat. 1933 Oct. 23, 1989 Pub. L. 101121, title I 103 Stat. 717 Sept. 27, 1988 Pub. L. 100446, title I 102 Stat. 1797 Dec. 22, 1987 Pub. L. 100202,  101(g) [title I] 101 Stat. 1329213 Oct. 18, 1986 Pub. L. 99500,  101(h) [title I] 100 Stat. 1783242 Oct. 30, 1986 Pub. L. 99591,  101(h) [title I] 100 Stat. 3341242 Dec. 19, 1985 Pub. L. 99190,  101(d) [title I] 99 Stat. 1224 Oct. 12, 1984 Pub. L. 98473, title I,  101(c) [title I] 98 Stat. 1837 Nov. 4, 1983 Pub. L. 98146, title I 97 Stat. 932 Dec. 30, 1982 Pub. L. 97394, title I 96 Stat. 1979 Dec. 23, 1981 Pub. L. 97100, title I 95 Stat. 1402 Dec. 12, 1980 Pub. L. 96514, title I 94 Stat. 2969 Nov. 27, 1979 Pub. L. 96126, title I 93 Stat. 966 Oct. 17, 1978 Pub. L. 95465, title I 92 Stat. 1289 July 26, 1977 Pub. L. 9574, title I 91 Stat. 295 July 31, 1976 Pub. L. 94373, title I 90 Stat. 1053 Dec. 23, 1975 Pub. L. 94165, title I 89 Stat. 988 Aug. 31, 1974 Pub. L. 93404, title I 88 Stat. 813 Oct. 4, 1973 Pub. L. 93120, title I 87 Stat. 434 Aug. 10, 1972 Pub. L. 92369, title I 86 Stat. 513 Aug. 10, 1971 Pub. L. 9276, title I 85 Stat. 233 July 31, 1970 Pub. L. 91361, title I 84 Stat. 673 Oct. 29, 1969 Pub. L. 9198, title I 83 Stat. 152 July 26, 1968 Pub. L. 90425, title I 82 Stat. 430 June 24, 1967 Pub. L. 9028, title I 81 Stat. 63 May 31, 1966 Pub. L. 89435, title I 80 Stat. 174 June 28, 1965 Pub. L. 8952, title I 79 Stat. 179 July 7, 1964 Pub. L. 88356, title I 78 Stat. 278 July 26, 1963 Pub. L. 8879, title I 77 Stat. 102 Aug. 9, 1962 Pub. L. 87578, title I 76 Stat. 340 Aug. 3, 1961 Pub. L. 87122, title I 75 Stat. 251 May 13, 1960 Pub. L. 86455, title I 74 Stat. 112 June 23, 1959 Pub. L. 8660, title I 73 Stat. 101 June 4, 1958 Pub. L. 85439, title I 72 Stat. 164 July 1, 1957 Pub. L. 8577, title I 71 Stat. 266 June 13, 1956, ch. 380 70 Stat. 265 June 16, 1955, ch. 147 69 Stat. 149 July 1, 1954, ch. 446 68 Stat. 372 July 31, 1953, ch. 298 67 Stat. 273 July 9, 1952, ch. 597 66 Stat. 458 Aug. 31, 1951, ch. 375 65 Stat. 263  1683. Auditing of transactions of Trust Territory of the Pacific Islands  All financial transactions of the Trust Territory, including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31. ( Pub. L. 103332, title I Sept. 30, 1994 108 Stat. 2516 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  Editorial Notes Codification Section is from the appropriation act cited as the credit to this section. Section was formerly classified to section 1436 of this title Prior Provisions Similar provisions were contained in the following prior appropriation acts: Pub. L. 103138, title I Nov. 11, 1993 107 Stat. 1395 Pub. L. 102381, title I Oct. 5, 1992 106 Stat. 1393 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1008 Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1933 Pub. L. 101121, title I Oct. 23, 1989 103 Stat. 717 Pub. L. 100446, title I Sept. 27, 1988 102 Stat. 1797 Pub. L. 100202,  101(g) [title I] Dec. 22, 1987 101 Stat. 1329213 Pub. L. 99500,  101(h) [title I] Oct. 18, 1986 100 Stat. 1783242 Pub. L. 99591,  101(h) [title I] Oct. 30, 1986 100 Stat. 3341242 Pub. L. 99190,  101(d) [title I] Dec. 19, 1985 99 Stat. 1224 Pub. L. 98473, title I,  101(c) [title I] Oct. 12, 1984 98 Stat. 1837 Pub. L. 98146, title I Nov. 4, 1983 97 Stat. 932 Pub. L. 97394, title I Dec. 30, 1982 96 Stat. 1979 Pub. L. 97100, title I Dec. 23, 1981 95 Stat. 1402 Pub. L. 96514, title I Dec. 12, 1980 94 Stat. 2969 Pub. L. 96126, title I Nov. 27, 1979 93 Stat. 966 Pub. L. 95465, title I Oct. 17, 1978 92 Stat. 1289 Pub. L. 9574, title I July 26, 1977 91 Stat. 295 Pub. L. 94373, title I July 31, 1976 90 Stat. 1053 Pub. L. 94165, title I Dec. 23, 1975 89 Stat. 988 Pub. L. 93404, title I Aug. 31, 1974 88 Stat. 813 Pub. L. 93120, title I Oct. 4, 1973 87 Stat. 434 Pub. L. 92369, title I Aug. 10, 1972 86 Stat. 513 Pub. L. 9276, title I Aug. 10, 1971 85 Stat. 233 Pub. L. 91361, title I July 31, 1970 84 Stat. 673 Pub. L. 9198, title I Oct. 29, 1969 83 Stat. 151 Pub. L. 90425, title I July 26, 1968 82 Stat. 430 Pub. L. 9028, title I June 24, 1967 81 Stat. 63 Pub. L. 89435, title I May 31, 1966 80 Stat. 174 Pub. L. 8952, title I June 28, 1965 79 Stat. 179 Pub. L. 88356, title I July 7, 1964 78 Stat. 278 Pub. L. 8879, title I July 26, 1963 77 Stat. 102 Pub. L. 87578, title I Aug. 9, 1962 76 Stat. 340 Pub. L. 87122, title I Aug. 3, 1961 75 Stat. 251 Pub. L. 86455, title I May 13, 1960 74 Stat. 112 Pub. L. 8660, title I June 23, 1959 73 Stat. 101 Pub. L. 85439, title I June 4, 1958 72 Stat. 164 Pub. L. 8577, title I July 1, 1957 71 Stat. 266 June 13, 1956, ch. 380 70 Stat. 265 June 16, 1955, ch. 147 69 Stat. 149 July 1, 1954, ch. 446 68 Stat. 372 July 31, 1953, ch. 298 67 Stat. 273 July 9, 1952, ch. 597 66 Stat. 458 Amendments 2004 Pub. L. 108271  1684. Expenditure of funds for administration of Trust Territory of the Pacific Islands  After June 30, 1954 ( July 31, 1953, ch. 298 67 Stat. 273  Editorial Notes Codification Section was formerly classified to section 1437 of this title Section is from the Interior Department Appropriation Act, 1954, act July 31, 1953 Prior Provisions Similar provisions were contained in the Interior Department Appropriation Act, 1953, act July 9, 1952, ch. 597, title I 66 Stat. 458  1685. Transfer of property or money for administration of Trust Territory of the Pacific Islands  After June 30, 1952 ( July 9, 1952, ch. 597 66 Stat. 460  Editorial Notes Codification Section was formerly classified to section 1438 of this title In text, chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 substituted for the Federal Property and Administrative Services Act of 1949 on authority of Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854  1686, 1687. Omitted  Editorial Notes Codification Section 1686, act July 31, 1953, ch. 298, title I 67 Stat. 274 section 1439 of this title Section 1687, act Nov. 4, 1983 Pub. L. 98146, title I 97 Stat. 932 section 1440 of this title Dec. 30, 1982 Pub. L. 97394, title I 96 Stat. 1979 Dec. 23, 1981 Pub. L. 97100, title I 95 Stat. 1402 Dec. 12, 1980 Pub. L. 96514, title I 94 Stat. 2969 Nov. 27, 1979 Pub. L. 96126, title I 93 Stat. 966 Oct. 17, 1978 Pub. L. 95465, title I 92 Stat. 1289 July 26, 1977 Pub. L. 9574, title I 91 Stat. 295 July 31, 1976 Pub. L. 94373, title I 90 Stat. 1053 Dec. 23, 1975 Pub. L. 94165, title I 89 Stat. 988 Aug. 31, 1974 Pub. L. 93404, title I 88 Stat. 813 Oct. 4, 1973 Pub. L. 93120, title I 87 Stat. 434 Aug. 10, 1972 Pub. L. 92369, title I 86 Stat. 513 Aug. 10, 1971 Pub. L. 9276, title I 85 Stat. 233 July 31, 1970 Pub. L. 91361, title I 84 Stat. 673 Oct. 29, 1969 Pub. L. 9198, title I 83 Stat. 152 July 26, 1968 Pub. L. 90425, title I 82 Stat. 431 June 24, 1967 Pub. L. 9028, title I 81 Stat. 63 May 31, 1966 Pub. L. 89435, title I 80 Stat. 174 June 28, 1965 Pub. L. 8952, title I 79 Stat. 179 July 7, 1964 Pub. L. 88356, title I 78 Stat. 278 July 26, 1963 Pub. L. 8879, title I 77 Stat. 102 Aug. 9, 1962 Pub. L. 87578, title I 76 Stat. 340 Aug. 3, 1961 Pub. L. 87122, title I 75 Stat. 251 May 13, 1960 Pub. L. 86455, title I 74 Stat. 113 June 23, 1959 Pub. L. 8660, title I 73 Stat. 101 June 4, 1958 Pub. L. 85439, title I 72 Stat. 164 July 1, 1957 Pub. L. 8577, title I 71 Stat. 266 June 13, 1956, ch. 380 70 Stat. 265 June 16, 1955, ch. 147 69 Stat. 149 July 1, 1954, ch. 446 68 Stat. 372  1688. Trust Territory of the Pacific Islands Economic Development Loan Fund  For the purpose of promoting economic development in the Trust Territory of the Pacific Islands, there is authorized to be appropriated to the Secretary of the Interior, for payment to the government of the Trust Territory of the Pacific Islands as a grant in accordance with the provisions of sections 1688 to 1693 of this title, an amount which when added to the development fund established pursuant to section 3 of the Act of August 22, 1964 78 Stat. 601 ( Pub. L. 92257,  1 Mar. 21, 1972 86 Stat. 87  Editorial Notes  References in Text Section 3 of the Act of August 22, 1964 Aug. 22, 1964 Pub. L. 88487 78 Stat. 601  1689. Plan for use of grant to Trust Territory of the Pacific Islands Economic Development Loan Fund; loans; terms  The grant authorized by section 1688 of this title ( Pub. L. 92257,  2 Mar. 21, 1972 86 Stat. 87  1690. Loans from Trust Territory of the Pacific Islands Economic Loan Fund; restrictions; guarantees  No loan or loan guarantee shall be made under sections 1688 to 1693 of this title to any applicant who does not satisfy the territorial administering agency that financing is otherwise unavailable on reasonable terms and conditions. No loan or loan guarantee shall exceed (1) the amount which can reasonably be expected to be repaid, (2) the minimum amount necessary to accomplish the purposes of sections 1688 to 1693 of this title, or 25 per centum of the funds appropriated pursuant to section 1688 of this title ( Pub. L. 92257,  3 Mar. 21, 1972 86 Stat. 87  1691. Fiscal control and accounting procedures for plan for use of grant  The plan provided for in section 1689 of this title ( Pub. L. 92257,  4 Mar. 21, 1972 86 Stat. 88  1692. Comprehensive annual financial report by chief executives of governments of the Marshall Islands, Federated States of Micronesia, Palau, and Northern Mariana Islands; contents; other reports  The chief executives of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The chief executives shall also make such other reports at such other times as may be required by the Congress or under applicable Federal laws. This section is not subject to termination under section 502(a)(3) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America ( 90 Stat. 263 ( Pub. L. 92257,  5 Mar. 21, 1972 86 Stat. 88 Pub. L. 97357, title II,  203(a) Oct. 19, 1982 96 Stat. 1707 Pub. L. 105362, title IX,  901(p) Nov. 10, 1998 112 Stat. 3291  Editorial Notes  References in Text Section 502(a)(3) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in text, is contained in section 1 of Pub. L. 94241 section 1801 of this title Amendments 1998 Pub. L. 105362 1982 Pub. L. 97357 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Exception to Requirement that Statement be Submitted to High Commissioner of Trust Territory of the Pacific Islands Pub. L. 97357, title II,  203(e) Oct. 19, 1982 96 Stat. 1708 Nothing in this section [adding section 1681b of this title section 1681c of this title  1693. Audit of government; access to books, records, etc.  The Comptroller General of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any relevant books, documents, papers, or records of the government of the Trust Territory of the Pacific Islands. ( Pub. L. 92257,  6 Mar. 21, 1972 86 Stat. 88  1694 to 1694e. Transferred  Editorial Notes Codification Sections 1694 to 1694e, Pub. L. 95157 Nov. 8, 1977 91 Stat. 12651267 Pub. L. 98454, title IX Oct. 5, 1984 98 Stat. 1744  1695. Federal education and health care programs; nonapplicability or nonparticipation  Notwithstanding any other provision of law, except in cases in which the Federal program is terminated with respect to all recipients under the program, Federal programs in the fields of education and health care shall not cease to apply to the Trust Territory of the Pacific Islands or any successor government or governments, and shall continue to be available to the extent said territory or its successor or successors are eligible to participate in such programs. Participation in any applicable Federal programs in the fields of education and health care by the Trust Territory of the Pacific Islands or any successor government or governments shall not be denied, decreased or ended, either before or after the termination of the trusteeship, without the express approval of the United States Congress and shall continue at such levels as the Congress may provide in appropriation Acts. ( Pub. L. 96205, title I,  104 Mar. 12, 1980 94 Stat. 85 Pub. L. 96597, title IV,  403 Dec. 24, 1980 94 Stat. 3479  Editorial Notes Amendments 1980 Pub. L. 96597 CHAPTER 15 CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES    Sec.  1701 1703. Repealed.  1704. Concurrent jurisdiction; exceptions for national defense purposes.  1705. Tidelands, submerged lands, or filled lands.  1706. Reserved rights.  1707. Payment of rents, royalties, and fees to local government.  1708. Discrimination prohibited in rights of access to, and benefits from, conveyed lands.  1701 to 1703. Repealed. Pub. L. 93435,  5 Oct. 5, 1974 88 Stat. 1212   Section 1701, Pub. L. 88183,  1 Nov. 20, 1963 77 Stat. 338 section 1705 of this title  Section 1702, Pub. L. 88183,  2 Nov. 20, 1963 77 Stat. 339  Section 1703, Pub. L. 88183,  3 Nov. 20, 1963 77 Stat. 339 section 1706 of this title  1704. Concurrent jurisdiction; exceptions for national defense purposes (a) Except as otherwise provided by law, the governments of the Virgin Islands, Guam, and American Samoa, shall have concurrent civil and criminal jurisdiction with the United States with regard to property owned, reserved, or controlled by the United States in the Virgin Islands, Guam, and American Samoa respectively. A judgment of conviction or acquittal on the merits under the laws of Guam, the Virgin Islands, or American Samoa shall be a bar to any prosecution under the criminal laws of the United States for the same act or acts, and a judgment of conviction or acquittal on the merits under the laws of the United States shall be a bar to any prosecution under the laws of Guam, the Virgin Islands, or American Samoa for the same act or acts. (b) Notwithstanding the provisions of subsection (a) of this section, the President may from time to time exclude from the concurrent jurisdiction of the government of Guam persons found, acts performed, and offenses committed on the property of the United States which is under the control of the Secretary of Defense to such extent and in such circumstances as he finds required in the interest of the national defense. ( Pub. L. 88183,  4 Nov. 20, 1963 77 Stat. 339 Pub. L. 99396,  3 Aug. 27, 1986 100 Stat. 839  Editorial Notes  References in Text The criminal laws of the United States, referred to in subsec. (a), are classified generally to Title 18, Crimes and Criminal Procedure. Amendments 1986Subsec. (a). Pub. L. 99396  1705. Tidelands, submerged lands, or filled lands (a) Conveyance to Guam, the Commonwealth of the Northern Mariana Islands, Virgin Islands, and American Samoa Subject to valid existing rights, all right, title, and interest of the United States in lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coastlines of the territories of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as heretofore or hereafter modified by accretion, erosion, and reliction, and in artificially made, filled in, or reclaimed lands which were formerly permanently or periodically covered by tidal waters, are hereby conveyed to the governments of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as the case may be, to be administered in trust for the benefit of the people thereof. (b) Retention of certain lands and mineral rights by United States There are excepted from the transfer made by subsection (a) hereof (i) all deposits of oil, gas, and other minerals, but the term minerals shall not include coral, sand, and gravel; (ii) all submerged lands adjacent to property owned by the United States above the line of mean high tide; (iii) all submerged lands adjacent to property above the line of mean high tide acquired by the United States by eminent domain proceedings, purchase, exchange, or gift, after the date of enactment of this Act, as required for completion of the Department of the Navy Land Acquisition Project relative to the construction of the Ammunition Pier authorized by the Military Construction Authorization Act, 1971 ( 84 Stat. 1204 86 Stat. 1135 (iv) all submerged lands filled in, built up, or otherwise reclaimed by the United States, before the date of enactment of this Act, for its own use; (v) all tracts or parcels of submerged land containing on any part thereof any structures or improvements constructed by the United States; (vi) all submerged lands that have heretofore been determined by the President or the Congress to be of such scientific, scenic, or historic character as to warrant preservation and administration under the provisions of the Act entitled An Act to establish a National Park Service, and for other purposes, approved August 25, 1916 16 U.S.C. 1 1 1 (vii) all submerged lands designated by the President within one hundred and twenty days after the date of enactment of this Act; (viii) all submerged lands that are within the administrative responsibility of any agency or department of the United States other than the Department of the Interior; (ix) all submerged lands lawfully acquired by persons other than the United States through purchase, gift, exchange, or otherwise; (x) all submerged lands within the Virgin Islands National Park established by sections 398 to 398b of title 16, including the lands described in sections 398c and 398d of title 16; and (xi) all submerged lands within the Buck Island Reef National Monument as described in Presidential Proclamation 3448 dated December 28, 1961 Upon request of the Governor of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, or American Samoa, the Secretary of the Interior may, with or without reimbursement, and subject to the procedure specified in subsection (c) of this section convey all right, title, and interest of the United States in any of the lands described in clauses (ii), (iii), (iv), (v), (vi), (vii), or (viii) of this subsection to the government of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, or American Samoa, as the case may be, with the concurrence of the agency having custody thereof. (c) Submittal to Congressional committees of proposals for conveyance of retained lands or rights No conveyance shall be made by the Secretary pursuant to subsection (a) or (b) of this section until the expiration of sixty calendar days (excluding days on which the House of Representatives or the Senate is not in session because of an adjournment of more than three days to a day certain) from the date on which the Secretary of the Interior submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an explanatory statement indicating the tract proposed to be conveyed and the need therefor, unless prior to the expiration of such sixty calendar days both committees inform the Secretary that they wish to take no action with respect to the proposed conveyance. (d) Oil, gas, and other mineral deposits in submerged lands conveyed to Guam, the Commonwealth of the Northern Mariana Islands, Virgin Islands, and American Samoa; conveyance by United States; existing leases, permits, etc. (1) The Secretary of the Interior shall, not later than sixty days after the date of enactment of this subsection, convey to the governments of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as the case may be, all right, title, and interest of the United States in deposits of oil, gas, and other minerals in the submerged lands conveyed to the government of such territory by subsection (a) of this section. (2) The conveyance of mineral deposits under paragraph (1) of this subsection shall be subject to any existing lease, permit, or other interest granted by the United States prior to the date of such conveyance. All rentals, royalties, or fees which accrue after such date of conveyance in connection with any such lease, permit, or other interest shall be payable to the government of the territory to which such mineral deposits are conveyed. ( Pub. L. 93435,  1 Oct. 5, 1974 88 Stat. 1210 Pub. L. 96205, title VI,  607 Mar. 12, 1980 94 Stat. 91 Pub. L. 103437,  17(b) Nov. 2, 1994 108 Stat. 4595 Pub. L. 11334,  1(a) Sept. 18, 2013 127 Stat. 518  Editorial Notes  References in Text The authorization for the construction by the Navy of the Ammunition Pier under the Military Construction Authorization Act, 1971, ( 84 Stat. 1204 86 Stat. 1135 section 201 of Pub. L. 91511 Oct. 26, 1970 84 Stat. 1204 section 201 of Pub. L. 92545 Oct. 25, 1972 86 Stat. 1138 The date of enactment of this Act, referred to in subsec. (b)(iii), (iv), and (vii), is the date of enactment of Pub. L. 93435 Oct. 5, 1974 The Act entitled An Act to establish a National Park Service, and for other purposes, approved August 25, 1916 16 U.S.C. 1 act Aug. 25, 1916, ch. 408 39 Stat. 535 section 100101 of Title 54 section 1865(a) of Title 18 Pub. L. 113287 Dec. 19, 2014 128 Stat. 3094 section 100101 of Title 54 Section 398b of title 16 Pub. L. 85404 May 16, 1958 72 Stat. 112 The date of enactment of this subsection, referred to in subsec. (d)(1), is the date of enactment of Pub. L. 96205 Mar. 12, 1980 Amendments 2013 Pub. L. 11334 1994Subsec. (c). Pub. L. 103437 1980Subsec. (c). Pub. L. 96205,  607(b) Subsec. (d). Pub. L. 96205,  607(a) Statutory Notes and Related Subsidiaries References to Date of Enactment Pub. L. 11334,  1(b) Sept. 18, 2013 127 Stat. 518 For the purposes of the amendment made by subsection (a) [amending this section and section 1706 of this title Public Law 93435 Sept. 18, 2013 Executive Documents  Proc. No. 4346. Reserving Certain Lands Adjacent to and Enlarging Boundaries of Buck Island Reef National Monument in Virgin Islands Proc. No. 4346, eff. Feb. 1, 1975 Mar. 28, 1975 The Buck Island Reef National Monument, situated off the northeast coast of Saint Croix Island in the Virgin Islands of the United States, was established by Proclamation No. 3443 of December 28, 1961 76 Stat. 1441 These thirty acres of submerged lands are presently owned in fee by the United States. They will be conveyed to the Government of the Virgin Islands on February 3, 1975 Section 1(a) of Public Law 93435 88 Stat. 1210 Under Section 2 of the Act of June 8, 1906 34 Stat. 225 16 U.S.C. 431 54 U.S.C. 320301(a) NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the authority vested in me by Section 1(b)(vii) of Public Law 93435 88 Stat. 1210 Section 1(a) of Public Law 93435 Section 2 of the Act of June 8, 1906 34 Stat. 225 16 U.S.C. 431 54 U.S.C. 320301(a) December 28, 1961 Beginning at latitude 174730 N. longitude 643632 W; thence approximately 1000 feet to latitude 174727 N, longitude 643622 W; thence approximately 900 feet to latitude 174718 N, longitude 643622 W; thence approximately 1000 feet to latitude 174715 N, longitude 643632 W; thence approximately 1500 feet to latitude 174730 N, longitude 643632 W, then place of beginning, embracing an area of approximately 30 acres. IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord nineteen hundred seventy-five and of the Independence of the United States of America the one hundred and ninety-ninth.  Gerald R. Ford.  Proc. No. 4347. Reserving Certain Submerged Lands Adjacent to Rose Atoll National Wildlife Refuge in American Samoa and Certain Submerged Lands for Defense Needs of United States in Guam and Virgin Islands Proc. No. 4347, eff. Feb. 1, 1975 The submerged lands surrounding the Rose Atoll National Wildlife Refuge in American Samoa are necessary for the protection of the Atolls marine life, including the green sea and hawksbill turtles. The submerged lands in Apra Harbor and those adjacent to Inapsan Beach and Urano Point in Guam, and certain submerged lands on the west coast of St. Croix, United States Virgin Islands are required for national defense purposes. These submerged lands in American Samoa, Guam and the United States Virgin Islands will be conveyed to the Government of those territories, on February 3, 1975 Section 1(a) of Public Law 93435 88 Stat. 1210 NOW, THEREFORE, I GERALD R. FORD, President of the United States of America, by virtue of authority vested in me by Section 1(b)(vii) of Public Law 93435 88 Stat. 1210 Section 1(a) of Public Law 93425 American Samoa Guam The Virgin Islands July 1, 1974 IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord nineteen hundred seventy-five, and of the Independence of the United States of America the one hundred and ninety-ninth.  Gerald R. Ford.  Proc. No. 9077. Reserving Certain Submerged Lands in the Commonwealth of the Northern Mariana Islands Proc. No. 9077, Jan. 15, 2014 The submerged lands surrounding the islands of Farallon de Pajaros (Uracas), Maug, and Asuncion in the Commonwealth of the Northern Mariana Islands are among the most biologically diverse in the Western Pacific, with relatively pristine coral reef ecosystems that have been proclaimed objects of scientific interest and reserved for their protection as the Islands Unit of the Marianas Trench Marine National Monument (marine national monument) by Proclamation 8335 of January 6, 2009 January 6, 1983 Certain of these submerged lands will be conveyed by the United States to the Government of the Commonwealth of the Northern Mariana Islands on January 16, 2014 section 1(a) of Public Law 93435 section 1 of Public Law 11334 NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of authority vested in me by section 1(b)(vii) of the Act, do hereby proclaim that the lands hereinafter described are excepted from transfer to the Government of the Commonwealth of the Northern Mariana Islands under section 1(a) of the Act: the submerged lands adjacent to the islands of Farallon de Pajaros (Uracas), Maug, and Asuncion permanently covered by tidal waters up to the mean low water line and extending three geographical miles seaward from the mean high tide line; and the submerged lands adjacent to the islands of Tinian and Farallon de Medinilla permanently or periodically covered by tidal waters up to the line of mean high tide and extending seaward to a line three geographical miles distant from those areas of the coastline that are adjacent to the leased lands described in the Lease. Nothing in this proclamation is intended to affect the authority of the Secretary of the Interior (Secretary) under section 1(b) of the Act to subsequently convey the submerged lands adjacent to the islands of Farallon de Pajaros (Uracas), Maug, and Asuncion when the Secretary, the Secretary of Commerce, and the Government of the Commonwealth of the Northern Mariana Islands have entered into an agreement for coordination of management that ensures the protection of the marine national monument within the excepted area described above. Furthermore, nothing in this proclamation is intended to affect the authority of the Secretary under section 1(b) of the Act to subsequently convey the submerged lands adjacent to the land leased by the United States on the islands of Tinian or Farallon de Medinilla when the Secretary of the Navy and the Government of the Commonwealth of the Northern Mariana Islands have entered into an agreement that ensures protection of military training within the excepted area. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of January, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty-eighth.  Barack Obama.  1706. Reserved rights (a) Establishment of naval defense sea areas and airspace reservations Nothing in this Act shall affect the right of the President to establish naval defensive sea areas and naval airspace reservations around and over the islands of Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands when deemed necessary for national defense. (b) Navigation; flood control; power production Nothing in this Act shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of the lands transferred by section 1705 of this title (c) Navigational servitude and powers of regulation for purposes of commerce, navigation, national defense, and international affairs The United States retains all of its navigational servitude and rights in and powers of regulation and control of the lands conveyed by section 1705 of this title section 1705 of this title (d) Status of lands beyond the three-mile limit Nothing in this Act shall affect the status of lands beyond the three-mile limit described in section 1705 of this title ( Pub. L. 93435,  2 Oct. 5, 1974 88 Stat. 1211 Pub. L. 11334,  1(a) Sept. 18, 2013 127 Stat. 518  Editorial Notes  References in Text This Act, referred to in subsecs. (a), (b), and (d), is Pub. L. 93435 Oct. 5, 1974 88 Stat. 1210 section 1545 of this title Amendments 2013Subsecs. (a), (c). Pub. L. 11334  1707. Payment of rents, royalties, and fees to local government  On and after the date of enactment of this Act, all rents, royalties, or fees from leases, permits, or use rights, issued prior to such date of enactment by the United States with respect to the land conveyed by this Act, or by the amendment made by this Act, and rights of action for damages for trespass occupancies of such lands shall accrue and belong to the appropriate local government under whose jurisdiction the land is located. ( Pub. L. 93435,  4 Oct. 5, 1974 88 Stat. 1212  Editorial Notes  References in Text Date of enactment, referred to in text, is the date of enactment of Pub. L. 93435 Oct. 5, 1974 This Act, referred to in text, is Pub. L. 93435 Oct. 5, 1974 88 Stat. 1210 section 1545 of this title The amendment made by this Act, referred to in text, means the amendment made by section 3 of Pub. L. 93435 section 1545(b) of this title Statutory Notes and Related Subsidiaries References to Date of Enactment For the purposes of the amendment made by subsection (a) of section 1 of Pub. L. 11334 Sept. 18, 2013 section 1(b) of Pub. L. 11334 section 1705 of this title  1708. Discrimination prohibited in rights of access to, and benefits from, conveyed lands  No person shall be denied access to, or any of the benefits accruing from, the lands conveyed by this Act, or by the amendment made by this Act, on the basis of race, religion, creed, color, sex, national origin, or ancestry: Provided, however April 17, 1900 July 16, 1904 February 20, 1929 45 Stat. 1253 May 22, 1929 46 Stat. 4 ( Pub. L. 93435,  6 Oct. 5, 1974 88 Stat. 1212  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 93435 Oct. 5, 1974 88 Stat. 1210 section 1545 of this title The amendment made by this Act, referred to in text, means the amendment made by section 3 of Pub. L. 93435 section 1545(b) of this title Act of February 20, 1929 act Feb. 20, 1929, ch. 281 45 Stat. 1253 section 1661 of this title Act of May 22, 1929 act May 22, 1929, ch. 6 46 Stat. 4 section 1661 of this title CHAPTER 16 DELEGATES TO CONGRESS    SUBCHAPTER IGUAM AND VIRGIN ISLANDS  Sec.  1711. Delegate to House of Representatives from Guam and Virgin Islands.  1712. Election of delegates; majority; runoff election; vacancy; commencement of term.  1713. Qualifications for Office of Delegate.  1714. Territorial legislature; determination of election procedure.  1715. Operation of Office; House privileges; compensation, allowances, and benefits; privileges and immunities; voting in committee.  SUBCHAPTER IIAMERICAN SAMOA  1731. Delegate to House of Representatives from American Samoa.  1732. Election of delegates.  1733. Qualifications for Office of Delegate.  1734. Territorial government; determination of election procedure.  1735. Operation of Office; compensation, allowances, and benefits; privileges and immunities.  SUBCHAPTER IIINORTHERN MARIANA ISLANDS DELEGATE  1751. Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands.  1752. Election of Delegate.  1753. Qualifications for office of Delegate.  1754. Determination of election procedure.  1755. Compensation, privileges, and immunities.  1756. Lack of effect on covenant.  1757. Definition. SUBCHAPTER I GUAM AND VIRGIN ISLANDS  1711. Delegate to House of Representatives from Guam and Virgin Islands  The territory of Guam and the territory of the Virgin Islands each shall be represented in the United States Congress by a nonvoting Delegate to the House of Representatives, elected as hereinafter provided. ( Pub. L. 92271,  1 Apr. 10, 1972 86 Stat. 118  1712. Election of delegates; majority; runoff election; vacancy; commencement of term (a) The Delegate shall be elected by the people qualified to vote for the members of the legislature of the territory he is to represent at the general election of 1972, and thereafter at such general election every second year thereafter. The Delegate from the Virgin Islands shall be elected at large, by separate ballot and by a majority of the votes cast for the office of Delegate. The Delegate from Guam shall be elected at large and by a majority of the votes cast for the office of Delegate. If no candidate receives such majority, on the fourteenth day following such election a runoff election shall be held between the candidates receiving the highest and the second highest number of votes cast for the office of Delegate. In case of a permanent vacancy in the office of Delegate, by reason of death, resignation, or permanent disability, the office of Delegate shall remain vacant until a successor shall have been elected and qualified. (b) The term of the Delegate shall commence on the third day of January following the date of the election. ( Pub. L. 92271,  2 Apr. 10, 1972 86 Stat. 119 Pub. L. 105209,  1 July 29, 1998 112 Stat. 880  Editorial Notes Amendments 1998Subsec. (a). Pub. L. 105209  1713. Qualifications for Office of Delegate To be eligible for the Office of Delegate a candidate must (a) be at least twenty-five years of age on the date of the election, (b) have been a citizen of the United States for at least seven years prior to the date of the election, (c) be an inhabitant of the territory from which he is elected, and (d) not be, on the date of the election, a candidate for any other office. ( Pub. L. 92271,  3 Apr. 10, 1972 86 Stat. 119  1714. Territorial legislature; determination of election procedure  The legislature of each territory may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for herein. ( Pub. L. 92271,  4 Apr. 10, 1972 86 Stat. 119  1715. Operation of Office; House privileges; compensation, allowances, and benefits; privileges and immunities; voting in committee  The Delegate from Guam and the Delegate from the Virgin Islands shall have such privileges in the House of Representatives as may be afforded him under the Rules of the House of Representatives. Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from each territory shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to the Resident Commissioner for Puerto Rico: Provided ( Pub. L. 92271,  5 Apr. 10, 1972 86 Stat. 119 Pub. L. 104186, title II,  224(4) Aug. 20, 1996 110 Stat. 1752  Editorial Notes Amendments 1996 Pub. L. 104186 Provided further Provided further section 43b of title 2 SUBCHAPTER II AMERICAN SAMOA  1731. Delegate to House of Representatives from American Samoa  The Territory of American Samoa shall be represented in the United States Congress by a nonvoting Delegate to the House of Representatives, elected as hereinafter provided. ( Pub. L. 95556,  1 Oct. 31, 1978 92 Stat. 2078  1732. Election of delegates (a) In general; plurality vote; vacancy The Delegate shall be elected by the people qualified to vote for the popularly elected officials of the Territory of American Samoa at the general Federal election of 1980, and thereafter at such general election every second year thereafter. The Delegate shall be elected at large, by separate ballot, and by a plurality of the votes cast for the office of Delegate. In case of a permanent vacancy in the office of Delegate, by reason of death, resignation, or permanent disability, the office of Delegate shall remain vacant until a successor shall have been elected and qualified. (b) Commencement of term The term of the Delegate shall commence on the third day of January following the date of the election. (c) Establishment of primary elections The legislature of American Samoa may, but is not required to, provide for primary elections for the election of Delegate. (d) Effect of establishment of primary elections Notwithstanding subsection (a), if the legislature of American Samoa provides for primary elections for the election of Delegate, the Delegate shall be elected by a majority of votes cast in any subsequent general election for the office of Delegate for which such primary elections were held. ( Pub. L. 95556,  2 Oct. 31, 1978 92 Stat. 2078 Pub. L. 108376,  2 Oct. 30, 2004 118 Stat. 2200  Editorial Notes Amendments 2004Subsec. (a). Pub. L. 108376,  2(1) Subsecs. (c), (d). Pub. L. 108376,  2(2) Statutory Notes and Related Subsidiaries Effective Date of 2004 Amendment Pub. L. 108376,  3 Oct. 30, 2004 118 Stat. 2201 The amendments made by paragraph (1) of section 2 [amending subsec. (a) of this section] shall take effect on January 1, 2006 January 1, 2005 Findings Pub. L. 108376,  1 Oct. 30, 2004 118 Stat. 2200  Congress finds the following: (1) It is in the national interest that qualifying members of the Armed Forces on active duty and other overseas voters be allowed to vote in Federal elections. (2) Since 1980, when the first election for the Congressional Delegate from American Samoa was held, general elections have been held in the first week of November in even-numbered years and runoff elections have been held 2 weeks later. (3) This practice of holding a run-off election 2 weeks after a general election deprives members of the Armed Forces on active duty and other overseas voters of the opportunity to participate in the Federal election process in American Samoa. (4) Prior to and since September 11, 2001 (5) American Samoa law requiring members of the Armed Forces on active duty and other overseas voters to register in person also prevents participation in the Federal election process and is contrary to the Uniformed and Overseas Citizens Absentee Voting Act [ 52 U.S.C. 20301 (6) Given that 49 states elect their Representatives to the United States House of Representatives by plurality, it is in the national interest for American Samoa to do the same until such time as the American Samoa Legislature establishes primary elections and declares null and void the local practice of requiring members of the Armed Forces on active duty and other overseas voters to register in person which is contrary to the federal Uniformed and Overseas Citizens Absentee Voting Act.  1733. Qualifications for Office of Delegate To be eligible for the office of Delegate a candidate shall (a) be at least twenty-five years of age on the date of the election; (b) owe allegiance to the United States; (c) be an inhabitant of the Territory of American Samoa; and (d) not be, on the date of the election, a candidate for any other office. ( Pub. L. 95556,  3 Oct. 31, 1978 92 Stat. 2078 Pub. L. 95584,  3 Nov. 2, 1978 92 Stat. 2483  Editorial Notes Amendments 1978Subsec. (b). Pub. L. 95584  1734. Territorial government; determination of election procedure  Acting pursuant to legislation enacted in accordance with section 9, article II of the American Samoan Revised Constitution, the territorial government will determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for herein. ( Pub. L. 95556,  4 Oct. 31, 1978 92 Stat. 2078  1735. Operation of Office; compensation, allowances, and benefits; privileges and immunities  Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from American Samoa shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities that are, or hereinafter may be, granted to the nonvoting Delegate from the Territory of Guam. ( Pub. L. 95556,  5 Oct. 31, 1978 92 Stat. 2078 Pub. L. 97357, title IV,  401 Oct. 19, 1982 96 Stat. 1711  Editorial Notes Amendments 1982 Pub. L. 97357 Statutory Notes and Related Subsidiaries Effective Date of 1982 Amendment Pub. L. 97357, title IV,  401 Oct. 19, 1982 96 Stat. 1711 Jan. 1, 1983 SUBCHAPTER III NORTHERN MARIANA ISLANDS DELEGATE  1751. Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands  The Commonwealth of the Northern Mariana Islands shall be represented in the United States Congress by the Resident Representative to the United States authorized by section 901 of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (approved by Public Law 94241 48 U.S.C. 1801 ( Pub. L. 110229, title VII,  711 May 8, 2008 122 Stat. 868  Editorial Notes  References in Text Section 901 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in text, is contained in section 1 of Pub. L. 94241 section 1801 of this title Public Law 94241 Pub. L. 94241 Mar. 24, 1976 90 Stat. 263 This subchapter, referred to in text, was in the original this subtitle, meaning subtitle B ( 711718) of title VII of Pub. L. 110229 May 8, 2008 122 Stat. 868  1752. Election of Delegate (a) Electors and time of election The Delegate shall be elected (1) by the people qualified to vote for the popularly elected officials of the Commonwealth of the Northern Mariana Islands; and (2) at the Federal general election of 2008 and at such Federal general election every 2d year thereafter. (b) Manner of election (1) In general The Delegate shall be elected at large and by a plurality of the votes cast for the office of Delegate. (2) Effect of establishment of primary elections Notwithstanding paragraph (1), if the Government of the Commonwealth of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, provides for primary elections for the election of the Delegate, the Delegate shall be elected by a majority of the votes cast in any general election for the office of Delegate for which such primary elections were held. (c) Vacancy In case of a permanent vacancy in the office of Delegate, the office of Delegate shall remain vacant until a successor is elected and qualified. (d) Commencement of term The term of the Delegate shall commence on the 3d day of January following the date of the election. ( Pub. L. 110229, title VII,  712 May 8, 2008 122 Stat. 868  1753. Qualifications for office of Delegate To be eligible for the office of Delegate a candidate shall (1) be at least 25 years of age on the date of the election; (2) have been a citizen of the United States for at least 7 years prior to the date of the election; (3) be a resident and domiciliary of the Commonwealth of the Northern Mariana Islands for at least 7 years prior to the date of the election; (4) be qualified to vote in the Commonwealth of the Northern Mariana Islands on the date of the election; and (5) not be, on the date of the election, a candidate for any other office. ( Pub. L. 110229, title VII,  713 May 8, 2008 122 Stat. 868  1754. Determination of election procedure  Acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, the Government of the Commonwealth of the Northern Mariana Islands may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a permanent vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for in this subchapter. ( Pub. L. 110229, title VII,  714 May 8, 2008 122 Stat. 869  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this subtitle, meaning subtitle B ( 711718) of title VII of Pub. L. 110229 May 8, 2008 122 Stat. 868  1755. Compensation, privileges, and immunities  Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from the Commonwealth of the Northern Mariana Islands shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to any other nonvoting Delegate to the House of Representatives. ( Pub. L. 110229, title VII,  715 May 8, 2008 122 Stat. 869  1756. Lack of effect on covenant  No provision of this subchapter shall be construed to alter, amend, or abrogate any provision of the covenant referred to in section 1751 of this title ( Pub. L. 110229, title VII,  716 May 8, 2008 122 Stat. 869  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this subtitle, meaning subtitle B ( 711718) of title VII of Pub. L. 110229 May 8, 2008 122 Stat. 868 The covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94241 section 1801 of this title  1757. Definition  For purposes of this subchapter, the term Delegate means the Resident Representative referred to in section 1751 of this title ( Pub. L. 110229, title VII,  717 May 8, 2008 122 Stat. 869  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this subtitle, meaning subtitle B ( 711718) of title VII of Pub. L. 110229 May 8, 2008 122 Stat. 868 CHAPTER 17 NORTHERN MARIANA ISLANDS    SUBCHAPTER IAPPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS  Sec.  1801. Approval of Covenant to Establish a Commonwealth of the Northern Mariana Islands.  1802. Consideration of issues affecting relations with United States.  1803. Financial assistance to Government of Northern Mariana Islands.  1804. Direct grant assistance.  1805. Failure to meet performance standards; resolution of issues; withholding of funds.  1806. Immigration and transition.  1807. Technical assistance program.  1808. Operations.  SUBCHAPTER IIJUDICIAL MATTERS  1821. District Court for the Northern Mariana Islands.  1822. Jurisdiction of District Court; original jurisdiction; procedural requirements.  1823. Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Ninth Circuit; rules.  1824. Relations between courts of United States and courts of Northern Mariana Islands; applicability of statutory provisions.  1825. Effective date.  1826. Authorization of appropriations.  SUBCHAPTER IIIMISCELLANEOUS  1841. Funds and services.  1842. Covering into Commonwealth treasury of tax proceeds collected pursuant to Covenant.  1843. Exemption from taxation for income derived from sources within Commonwealth.  1844. Political union between Territory of Guam and Commonwealth of Northern Mariana Islands.  1845. Plans for development, utilization, and conservation of water and related land resources.  1846. Exemption from assessment and taxation of real property owned by Commonwealth in United States capital. SUBCHAPTER I APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS  1801. Approval of Covenant to Establish a Commonwealth of the Northern Mariana Islands  The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, the text of which is as follows, is hereby approved. ( Pub. L. 94241,  1 Mar. 24, 1976 90 Stat. 263  Editorial Notes  References in Text The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in text, which was contained in this section ( section 1 of Pub. L. 94241 Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries Short Title of 2019 Amendment Pub. L. 11694, div. P, title IX,  901 Dec. 20, 2019 133 Stat. 3197 This title [amending section 1806 of this title Pub. L. 11624,  1 June 25, 2019 133 Stat. 977 This Act [amending section 1806 of this title Short Title of 2018 Amendment Pub. L. 115218,  1 July 24, 2018 132 Stat. 1547 This Act [amending section 1806 of this title Short Title of 2017 Amendment Pub. L. 11553,  1 Aug. 22, 2017 131 Stat. 1091 This Act [amending section 1806 of this title Applicability of Requirement of United States Citizenship or Nationality as Prerequisite of Any Benefit, Right, Etc., to Citizens of Northern Mariana Islands Pub. L. 98213 Dec. 8, 1983 97 Stat. 14631466 Pub. L. 98213 Pub. L. 98213 Authorization of Appropriations for Transition of Mariana Islands District to Commonwealth Status Pub. L. 9427,  2 May 28, 1975 89 Stat. 95 Recital Clauses Pub. L. 94241  Whereas the United States is the administering authority of the Trust Territory of the Pacific Islands under the terms of the trusteeship agreement for the former Japanese-mandated islands entered into by the United States with the Security Council of the United Nations on April 2, 1947 July 18, 1947 Whereas the United States, in accordance with the trusteeship agreement and the Charter of the United Nations, has assumed the obligation to promote the development of the peoples of the trust territory toward self-government or independence as may be appropriate to the particular circumstances of the trust territory and its peoples and the freely expressed wishes of the peoples concerned; and Whereas the United States, in response to the desires of the people of the Northern Mariana Islands clearly expressed over the past twenty years through public petition and referendum, and in response to its own obligations under the trusteeship agreement to promote self-determination, entered into political status negotiations with representatives of the people of the Northern Mariana Islands; and Whereas, on February 15, 1975 February 20, 1975 June 17, 1975 Text of Covenant Pub. L. 94241,  1 Mar. 24, 1976 90 Stat. 263 Pub. L. 98213,  9 Dec. 8, 1983 97 Stat. 1461 Pub. L. 104208, div. A, title I,  101(d) [title I] Sept. 30, 1996 110 Stat. 3009181 Pub. L. 110229, title VII,  702(g)(1) May 8, 2008 122 Stat. 864 Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America Whereas, the Charter of the United Nations and the Trusteeship Agreement between the Security Council of the United Nations and the United States of America guarantee to the people of the Northern Mariana Islands the right freely to express their wishes for self-government or independence; and Whereas, the United States supports the desire of the people of the Northern Mariana Islands to exercise their inalienable right of self-determination; and Whereas, the people of the Northern Mariana Islands and the people of the United States share the goals and values found in the American system of government based upon the principles of government by the consent of the governed, individual freedom and democracy; and Whereas, for over twenty years, the people of the Northern Mariana Islands, through public petition and referendum, have clearly expressed their desire for political union with the United States; Now, therefore, the Marianas Political Status Commission, being the duly appointed representative of the people of the Northern Mariana Islands, and the Personal Representative of the President of the United States have entered into this Covenant in order to establish a self-governing commonwealth for the Northern Mariana Islands within the American political system and to define the future relationship between the Northern Mariana Islands and the United States. This Covenant will be mutually binding when it is approved by the United States, by the Mariana Islands District Legislature and by the people of the Northern Mariana Islands in a plebiscite, constituting on their part a sovereign act of self-determination. Article I political relationship  Section  Section  Section  Section  Section Article II constitution of the northern mariana islands  Section  Section  Section (b) The executive power of the Northern Mariana Islands will be vested in a popularly elected Governor and such other officials as the Constitution or laws of the Northern Mariana Islands may provide. (c) The legislative power of the Northern Mariana Islands will be vested in a popularly elected legislature and will extend to all rightful subjects of legislation. The Constitution of the Northern Mariana Islands will provide for equal representation for each of the chartered municipalities of the Northern Mariana Islands in one house of a bicameral legislature, notwithstanding other provisions of this Covenant or those provisions of the Constitution or laws of the United States applicable to the Northern Mariana Islands. (d) The judicial power of the Northern Mariana Islands will be vested in such courts as the Constitution or laws of the Northern Mariana Islands may provide. The Constitution or laws of the Northern Mariana Islands may vest in such courts jurisdiction over all causes in the Northern Mariana Islands over which any court established by the Constitution or laws of the United States does not have exclusive jurisdiction.  Section Article III citizenship and nationality  Section (a) all persons born in the Northern Mariana Islands who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, and who on that date are domiciled in the Northern Mariana Islands or in the United States or any territory or possession thereof; (b) all persons who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, who have been domiciled continuously in the Northern Mariana Islands for at least five years immediately prior to that date, and who, unless under age, registered to vote in elections for the Marianas Islands District Legislature or for any municipal election in the Northern Mariana Islands prior to January 1, 1975 (c) all persons domiciled in the Northern Mariana Islands on the day preceding the effective date of this Section, who, although not citizens of the Trust Territory of the Pacific Islands, on that date have been domiciled continuously in the Northern Mariana Islands beginning prior to January 1, 1974  Section  I ________ being duly sworn, hereby declare my intention to be a national but not a citizen of the United States.  Section  Section Article IV judicial authority  Section  Section (b) The District Court will have original jurisdiction in all causes in the Northern Mariana Islands not described in Subsection (a) jurisdiction over which is not vested by the Constitution or laws of the Northern Mariana Islands in a court or courts of the Northern Mariana Islands. In causes brought in the District Court solely on the basis of this subsection, the District Court will be considered a court of the Northern Mariana Islands for the purposes of determining the requirements of indictment by grand jury or trial by jury. (c) The District Court will have such appellate jurisdiction as the Constitution or laws of the Northern Mariana Islands may provide. When it sits as an appellate court, the District Court will consist of three judges, at least one of whom will be a judge of a court of record of the Northern Mariana Islands.  Section (b) Those portions of Title 28 of the United States Code which apply to Guam or the District Court of Guam will be applicable to the Northern Mariana Islands or the District Court for the Northern Mariana Islands, respectively, except as otherwise provided in this Article. Article V applicability of laws  Section (b) The applicability of certain provisions of the Constitution of the United States to the Northern Mariana Islands will be without prejudice to the validity of and the power of the Congress of the United States to consent to Sections 203, 506 and 805 and the proviso in Subsection (a) of this Section.  Section (1) those laws which provide federal services and financial assistance programs and the federal banking laws as they apply to Guam; Section 228 of Title II and Title XVI of the Social Security Act as it applies to the several States; the Public Health Service Act as it applies to the Virgin Islands; and the Micronesian Claims Act as it applies to the Trust Territory of the Pacific Islands; (2) those laws not described in paragraph (1) which are applicable to Guam and which are of general application to the several States as they are applicable to the several States; and (3) those laws not described in paragraph (1) or (2) which are applicable to the Trust Territory of the Pacific Islands, but not their subsequent amendments unless specifically made applicable to the Northern Mariana Islands, as they apply to the Trust Territory of the Pacific Islands until termination of the Trusteeship Agreement, and will thereafter be inapplicable. (b) The laws of the United States regarding coastal shipments and the conditions of employment, including the wages and hours of employees, will apply to the activities of the United States Government and its contractors in the Northern Mariana Islands.  Section (a) except as otherwise provided in Subsection (b) of Section 502, the coastwise laws of the United States and any prohibition in the laws of the United States against foreign vessels landing fish or unfinished fish products in the United States; and (b) the minimum wage provisions of Section 6, Act of June 25, 1938 52 Stat. 1062 Pub. L. 110229, title VII,  702(g)(1)(A) May 8, 2008 122 Stat. 864  Section  Section  Section Pub. L. 110229, title VII,  702(g)(1)(B) May 8, 2008 122 Stat. 864 Article VI revenue and taxation  Section (b) Any individual who is a citizen or a resident of the United States, of Guam, or of the Northern Mariana Islands (including a national of the United States who is not a citizen), will file only one income tax return with respect to his income, in a manner similar to the provisions of Section 935 of Title 26 (c) References in the Internal Revenue Code to Guam will be deemed also to refer to the Northern Mariana Islands, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof or of this Covenant.  Section  Section (b) The Government of the Northern Mariana Islands may, in a manner consistent with the international obligations of the United States, levy duties on goods imported into its territory from any area outside the customs territory of the United States and impose duties on exports from its territory. (c) Imports from the Northern Mariana Islands into the customs territory of the United States will be subject to the same treatment as imports from Guam into the customs territory of the United States. (d) The Government of the United States will seek to obtain from foreign countries favorable treatment for exports from the Northern Mariana Islands and will encourage other countries to consider the Northern Mariana Islands a developing territory.  Section (b) The Government of the Northern Mariana Islands will have the authority to impose excise taxes upon goods manufactured, sold or used or services rendered within its territory or upon goods imported into its territory, provided that such excise taxes imposed on goods imported into its territory will be consistent with the international obligations of the United States.  Section  Section (b) Those laws of the United States which impose excise and self-employment taxes to support or which provide benefits from the United States Social Security System will on January 1 of the first calendar year following the termination of the Trusteeship Agreement or upon such earlier date as may be agreed to by the Government of the Northern Mariana Islands and the Government of the United States become applicable to the Northern Mariana Islands as they apply to Guam. (As amended Pub. L. 98213,  9 Dec. 8, 1983 97 Stat. 1461 (c) At such time as the laws described in Subsection (b) become applicable to the Northern Mariana Islands: (1) the Northern Mariana Islands Social Security Retirement Fund will be transferred into the appropriate Federal Social Security Trust Funds; (2) prior contributions by or on behalf of persons domiciled in the Northern Mariana Islands to the Trust Territory Social Security Retirement Fund or the Northern Mariana Islands Social Security Retirement Fund will be considered to have been made to the appropriate Federal Social Security Trust Funds for the purpose of determining eligibility of those persons in the Northern Mariana Islands for benefits under those laws; and (3) persons domiciled in the Northern Mariana Islands who are eligible for or entitled to social security benefits under the laws of the Trust Territory of the Pacific Islands or of the Northern Mariana Islands will not lose their entitlement and will be eligible for or entitled to benefits under the laws described in Subsection (b).  Section (b) During the initial seven year period of financial assistance provided for in Section 702, and during such subsequent periods of financial assistance as may be agreed, the Government of the Northern Mariana Islands will authorize no public indebtedness (other than bonds or other obligations of the Government payable solely from revenues derived from any public improvement or undertaking) in excess of ten percentum of the aggregate assessed valuation of the property within the Northern Mariana Islands. Article VII united states financial assistance  Section  Section (a) $8.25 million for budgetary support for government operations, of which $250,000 each year will be reserved for a special education training fund connected with the change in the political status of the Northern Mariana Islands; (b) $4 million for capital improvement projects, of which $500,000 each year will be reserved for such projects on the Island of Tinian and $500,000 each year will be reserved for such projects on the Island of Rota; and (c) $1.75 million for an economic development loan fund, of which $500,000 each year will be reserved for small loans to farmers and fishermen and to agricultural and marine cooperatives, and of which $250,000 each year will be reserved for a special program of low interest housing loans for low income families.  Section Pub. L. 104208, div. A, title I,  101(d) [title I] Sept. 30, 1996 110 Stat. 3009181 (b) There will be paid into the Treasury of the Government of the Northern Mariana Islands, to be expended to the benefit of the people thereof as that Government may by law prescribe, the proceeds of all customs duties and federal income taxes derived from the Northern Mariana Islands, the proceeds of all taxes collected under the internal revenue laws of the United States on articles produced in the Northern Mariana Islands and transported to the United States, its territories or possessions, or consumed in the Northern Mariana Islands, the proceeds of any other taxes which may be levied by the Congress on the inhabitants of the Northern Mariana Islands, and all quarantine and passport fees collected in the Northern Mariana Islands, except that nothing in this Section shall be construed to apply to any tax imposed by Chapters 2 or 21 of Title 26, United States Code. (As amended Pub. L. 110229, title VII,  702(g)(1)(C) May 8, 2008 122 Stat. 864  Section (b) Approval of this Covenant by the United States will constitute an authorization for the appropriation of a pro-rata share of the funds provided under Section 702 for the period between the effective date of this Section and the beginning of the next succeeding fiscal year. (c) The amounts stated in Section 702 will be adjusted for each fiscal year by a percentage which will be the same as the percentage change in the United States Department of Commerce composite price index using the beginning of Fiscal Year 1975 as the base. (d) Upon expiration of the seven year period of guaranteed annual direct grant assistance provided by Section 702, the annual level of payments in each category listed in Section 702 will continue until Congress appropriates a different amount or otherwise provides by law. Article VIII property  Section  Section (1) on Tinian Island, approximately 17,799 acres (7,203 hectares) and the waters immediately adjacent thereto; (2) on Saipan Island, approximately 177 acres (72 hectares) at Tanapag Harbor; and (3) on Farallon de Medinilla Island, approximately 206 acres (83 hectares) encompassing the entire island, and the waters immediately adjacent thereto. (b) The United States affirms that it has no present need for or present intention to acquire any greater interest in property listed above than that which is granted to it under Subsection 803(a), or to acquire any property in addition to that listed in Subsection (a), above, in order to carry out its defense responsibilities.  Section (b) The Government of the United States will pay to the Government of the Northern Mariana Islands in full settlement of this lease, including the second fifty year term of the lease if extended under the renewal option, the total sum of $19,520,600, determined as follows: (1) for that property on Tinian Island, $17.5 million; (2) for that property at Tanapag Harbor on Saipan Island, $2 million; and (3) for that property known as Farallon de Medinilla, $20,600. The sum stated in this Subsection will be adjusted by a percentage which will be the same as the percentage change in the United States Department of Commerce composite price index from the date of signing the Covenant. (c) A separate Technical Agreement Regarding Use of Land To Be Leased by the United States in the Northern Mariana Islands will be executed simultaneously with this Covenant. The terms of the lease to the United States will be in accordance with this Section and with the terms of the Technical Agreement. The Technical Agreement will also contain terms relating to the leaseback of property, to the joint use arrangements for San Jose Harbor and West Field on Tinian Island, and to the principles which will govern the social structure relations between the United States military and the Northern Mariana Islands civil authorities. (d) From the property to be leased to it in accordance with this Covenant the Government of the United States will lease back to the Government of the Northern Mariana Islands, in accordance with the Technical Agreement, for the sum of one dollar per acre per year, approximately 6,458 acres (2,614 hectares) on Tinian Island and approximately 44 acres (18 hectares) at Tanapag Harbor on Saipan Island, which will be used for purposes compatible with their intended military use. (e) From the property to be leased to it at Tanapag Harbor on Saipan Island the Government of the United States will make available to the Government of the Northern Mariana Islands 133 acres (54 hectares) at no cost. This property will be set aside for public use as an American memorial park to honor the American and Marianas dead in the World War II Marianas Campaign. The $2 million received from the Government of the United States for the lease of this property will be placed into a trust fund, and used for the development and maintenance of the park in accordance with the Technical Agreement.  Section (b) All facilities at Isely Field developed with federal aid and all facilities at that field usable for the landing and take-off of aircraft will be available to the United States for use by military and naval aircraft, in common with other aircraft, at all times without charge, except, if the use by military and naval aircraft shall be substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining the facilities so used may be charged at a rate established by agreement between the Government of the Northern Mariana Islands and the Government of the United States.  Section (a) will until twenty-five years after the termination of the Trusteeship Agreement, and may thereafter, regulate the alienation of permanent and long-term interests in real property so as to restrict the acquisition of such interests to persons of Northern Mariana Islands descent; and (b) may regulate the extent to which a person may own or hold land which is now public land.  Section (b) The United States may, upon prior written notice to the Government of the Northern Mariana Islands, acquire for public purposes in accordance with federal laws and procedures any interest in real property in the Northern Mariana Islands by purchase, lease, exchange, gift or otherwise under such terms and conditions as may be negotiated by the parties. The United States will in all cases attempt to acquire any interest in real property for public purposes by voluntary means under this Subsection before exercising the power of eminent domain. No interest in real property will be acquired unless duly authorized by the Congress of the United States and appropriations are available therefor. (c) In the event it is not possible for the United States to obtain an interest in real property for public purposes by voluntary means, it may exercise within the Commonwealth the power of eminent domain to the same extent and in the same manner as it has and can exercise the power of eminent domain in a State of the Union. The power of eminent domain will be exercised within the Commonwealth only to the extent necessary and in compliance with applicable United States laws, and with full recognition of the due process required by the United States Constitution. Article IX northern mariana islands representative and consultation  Section  Section  Section  Section (b) The United States will assist and facilitate the establishment by the Northern Mariana Islands of offices in the United States and abroad to promote local tourism and other economic or cultural interests of the Northern Mariana Islands. (c) On its request the Northern Mariana Islands may participate in regional and other international organizations concerned with social, economic, educational, scientific, technical and cultural matters when similar participation is authorized for any other territory or possession of the United States under comparable circumstances. Article X approval, effective dates, and definitions  Section (b) This Covenant will be approved by the United States in accordance with its constitutional processes and will thereupon become law.  Section  Section (a) Sections 105, 201203, 503, 504, 606, 801, 903 and Article X will become effective on approval of this Covenant; (b) Sections 102, 103, 204, 304, Article IV, Sections 501, 502, 505, 601605, 607, Article VII, Sections 802805, 901 and 902 will become effective on a date to be determined and proclaimed by the President of the United States which will be not more than 180 days after this Covenant and the Constitution of the Northern Mariana Islands have both been approved; and (c) The remainder of this Covenant will become effective upon the termination of the Trusteeship Agreement and the establishment of the Commonwealth of the Northern Mariana Islands.  Section (b) The Constitution of the Northern Mariana Islands will become effective in accordance with its terms on the same day that the provisions of this Covenant specified in Subsection 1003(b) become effective, provided that if the President finds and declares that the effectiveness of any provision of the Constitution of the Northern Mariana Islands prior to termination of the Trusteeship Agreement would be inconsistent with the Trusteeship Agreement such provision will be ineffective until termination of the Trusteeship Agreement. Upon the establishment of the Commonwealth of the Northern Mariana Islands the Constitution will become effective in its entirety in accordance with its terms as the Constitution of the Commonwealth of the Northern Mariana Islands.  Section (a) Trusteeship Agreement means the Trusteeship Agreement for the former Japanese Mandated Islands concluded between the Security Council of the United Nations and the United States of America, which entered into force on July 18, 1947 (b) Northern Mariana Islands means the area now known as the Mariana Islands District of the Trust Territory of the Pacific Islands, which lies within the area north of 14 north latitude, south of 21 north latitude, west of 150 east longitude and east of 144 east longitude; (c) Government of the Northern Mariana Islands includes, as appropriate, the Government of the Mariana Islands District of the Trust Territory of the Pacific Islands at the time this Covenant is signed, its agencies and instrumentalities, and its successors, including the Government of the Commonwealth of the Northern Mariana Islands; (d) Territory or possession with respect to the United States includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa; (e) Domicile means that place where a person maintains a residence with the intention of continuing such residence for an unlimited or indefinite period, and to which such person has the intention of returning whenever he is absent, even for an extended period. Signed at Saipan, Mariana Islands on the fifteenth day of February, 1975. For the people of the Northern Mariana Islands:  Edward DLG. Pangelinan, Chairman, Marianas Political Status Commission. Vicente N. Santos. Vice Chairman, Marianas Political Status Commission. For the United States of America:  Ambassador F. Haydn Williams, Personal Representative of the President of the United States. Members of the Marianas Political Status Commission:  Juan LG. Cabrera.  Vicente T. Camacho.  Jose R. Cruz.  Bernard V. Hofschneider.  Benjamin T. Manglona.  Daniel T. Muna. Dr. Francisco T. Palacios.  Joaquin I. Pangelinan.  Manuel A. Sablan.  Joannes B. Taimanao.  Pedro A. Tenorio. [ Pub. L. 110229, title VII,  702(g)(2) May 8, 2008 122 Stat. 864 The amendments made by paragraph (1) [amending Covenant set out above] shall take effect on the transition program effective date described in section 6 of Public Law 94241 48 U.S.C. 1806 Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  Proc. No. 4534. Constitution of Northern Mariana Islands Proc. No. 4534, Oct. 24, 1977 On February 15, 1975 March 24, 1976 Public Law 94241 90 Stat. 263 48 U.S.C. 1801 In accordance with the provisions of Article II of the Covenant, the people of the Northern Mariana Islands have formulated and approved a Constitution which was submitted to me on behalf of the Government of the United States on April 21, 1977 The six-month period of Section 202 of the Covenant having expired on October 22, 1977 I am satisfied that the Constitution of the Northern Mariana Islands complies with the requirements of Article II of the Covenant. I have also received advice from the Senate Committee on Energy and Natural Resources and the Subcommittee on National Parks and Insular Affairs of the House Committee on Interior and Insular Affairs that the Constitution complies with those requirements. Sections 1003(b) and 1004(b) of the Covenant provide that the Constitution of the Northern Mariana Islands and the provisions specified in Section 1003(b) of the Covenant shall become effective on a date proclaimed by the President which will be not more than 180 days after the Covenant and the Constitution of the Northern Mariana Islands have both been approved. NOW, THEREFORE, I, JIMMY CARTER, President of the United States of America, do hereby proclaim as follows: Section January 9, 1978 Sec Sec IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of October, in the year of our Lord nineteen hundred seventy-seven, and of the Independence of the United States of America the two hundred and second.  Jimmy Carter.  Proclamation No. 4568 Proc. No. 4568, May 9, 1978  Proclamation No. 4726 Proc. No. 4726, Feb. 21, 1980  Proclamation No. 4938 Proc. No. 4938, May 3, 1982  Proclamation No. 5207 Proc. No. 5207, June 7, 1984  Proc. No. 5564. Covenant With Commonwealth of the Northern Mariana Islands, and Compacts of Free Association With Federated States of Micronesia and Republic of the Marshall Islands; Effective Dates Proc. No. 5564, Nov. 3, 1986 Since July 18, 1947 On February 15, 1975 Public Law 94241 March 24, 1976 90 Stat. 263 48 U.S.C. 1801 On October 1, 1982 48 U.S.C. 1901 June 25, 1983 48 U.S.C. 1901 June 21, 1983 September 7, 1983 Public Law 99239 January 14, 1986 99 Stat. 1770 48 U.S.C. 1901 On January 10, 1986 48 U.S.C. 1931 October 16, 1986 On May 28, 1986 On October 15, 1986 October 21, 1986 On October 24, 1986 November 3, 1986 On October 24, 1986 October 21, 1986 November 3, 1986 As of this day, November 3, 1986 NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me as President by the Constitution and laws of the United States of America, including Section 1002 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and Sections 101 and 102 of the Joint Resolution to approve the Compact of Free Association, and for other purposes, approved on January 14, 1986 Public Law 99239 48 U.S.C. 1901 Section October 21, 1986 November 3, 1986 November 3, 1986 Sec November 4, 1986 (b) The Commonwealth of the Northern Mariana Islands in political union with and under the sovereignty of the United States of America is fully established on the date and at the time specified in Section 2(a) of this Proclamation. (c) The domiciliaries of the Northern Mariana Islands are citizens of the United States to the extent provided for in Sections 301 through 303 of the Covenant on the date and at the time specified in this Proclamation. (d) I welcome the Commonwealth of the Northern Mariana Islands into the American family and congratulate our new fellow citizens. Sec October 21, 1986 November 3, 1986 (b) I am gratified that the people of the Federated States of Micronesia and the Republic of the Marshall Islands, after nearly forty years of Trusteeship, have freely chosen to establish a relationship of Free Association with the United States. IN WITNESS WHEREOF, I have hereunto set my hand this third day of November, in the year of our Lord nineteen hundred and eighty-six, and of the Independence of the United States of America the two hundred and eleventh.  Ronald Reagan.  Ex. Ord. No. 12572. Relations With Northern Mariana Islands Ex. Ord. No. 12572, Nov. 3, 1986 By the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered that, consistent with the Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, approved March 24, 1976 Public Law 94241 90 Stat. 263 48 U.S.C. 1801  Ronald Reagan.  1802. Consideration of issues affecting relations with United States  It is the sense of the Congress that pursuant to section 902 of the foregoing Covenant, and in any case within ten years from March 24, 1976 ( Pub. L. 94241,  2 Mar. 24, 1976 90 Stat. 279  Editorial Notes  References in Text The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94241 section 1801 of this title Codification Section was formerly set out as a note under section 1681 of this title  1803. Financial assistance to Government of Northern Mariana Islands  Pursuant to section 701 of the foregoing Covenant, enactment of this section shall constitute a commitment and pledge of the full faith and credit of the United States for the payment of $228 million at guaranteed annual amounts of direct grant assistance for the Government of the Northern Mariana Islands for an additional period of seven fiscal years after the expiration of the initial seven-year period specified in section 702 of said Covenant, which assistance shall be provided according to the schedule of payments contained in the Agreement of the Special Representatives on Future United States Financial Assistance for the Government of the Northern Mariana Islands, executed July 10, 1985 ( Pub. L. 94241,  3 Pub. L. 99396,  10 Aug. 27, 1986 100 Stat. 840  Editorial Notes  References in Text The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94241 section 1801 of this title Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries Use of Economic Development Loan Funds for Capital Improvement Projects Pub. L. 99396,  2 Aug. 27, 1986 100 Stat. 838 48 U.S.C. 1801  1804. Direct grant assistance (a) Composite price index adjustments not applicable Section 704(c) of the foregoing Covenant shall not apply to the Federal financial assistance which is provided to the Government of the Northern Mariana Islands pursuant to section 1803 of this title (b) Additional years of assistance Upon the expiration of the period of Federal financial assistance which is provided to the Government of the Northern Mariana Islands pursuant to section 1803 of this title December 17, 1992 (c) Specific allocations for capital infrastructure projects The additional amounts referred to in subsection (b) shall be made available to the Secretary for obligation as follows: (1) for fiscal years 1996 through 2001, $4,580,000 annually for capital infrastructure projects as Impact Aid for Guam under section 1904(e)(6) 1 1 (2) for fiscal year 1996, $7,700,000 shall be provided for capital infrastructure projects in American Samoa; $4,420,000 for resettlement of Rongelap Atoll; and 2 2 (3) for fiscal years 1997 and thereafter, all such amounts shall be available solely for capital infrastructure projects in Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Federated States of Micronesia and the Republic of the Marshall Islands, except that $200,000 in fiscal year 2009 and $225,000 annually for fiscal years 2010 through 2018 are hereby rescinded; Provided, That the amount rescinded shall be increased by the same percentage as that of the annual salary and benefit adjustments for Members of Congress 3 3 Provided Provided further 4 4 (4) for fiscal year 2000, $5,420,000 shall be provided to the Virgin Islands for correctional facilities and other projects mandated by Federal law. (d) Resettlement of Rongelap Atoll Within the amounts allocated for infrastructure pursuant to this section, and subject to the specific allocations made in subsection (c), additional contributions may be made, as set forth in appropriations Acts, to assist in the resettlement of Rongelap Atoll: Provided April 26, 1996 5 5 section 1905(c)(2) of this title ( Pub. L. 94241,  4 Pub. L. 99396,  10 Aug. 27, 1986 100 Stat. 841 Pub. L. 104134, title I,  101(c) [title I,  118] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 106113, div. B,  1000(a)(3) [title I] Nov. 29, 1999 113 Stat. 1535 Pub. L. 110229, title VII,  703 May 8, 2008 122 Stat. 867  Editorial Notes  References in Text The Covenant, referred to in subsec. (a), is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94241 section 1801 of this title Section 1904(e)(6) of this title section 104(c)(6) of Public Law 99239 section 104(e)(6) of Pub. L. 99239 Codification Section was formerly set out as a note under section 1681 of this title April 26, 1996 Pub. L. 104134 Amendments 2008Subsec. (c)(3). Pub. L. 110229 1999Subsec. (b). Pub. L. 106113 Subsec. (c)(4). Pub. L. 106113 1996Subsec. (b). Pub. L. 104134 December 17, 1992 Subsecs. (c), (d). Pub. L. 104134  1805. Failure to meet performance standards; resolution of issues; withholding of funds  Should the Secretary of the Interior believe that the performance standards of the agreement identified in section 1803 of this title ( Pub. L. 94241,  5 Pub. L. 99396,  10 Aug. 27, 1986 100 Stat. 841  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries  Change of Name Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress, Jan. 5, 1993  1806. Immigration and transition (a) Application of the Immigration and Nationality Act and establishment of a transition program (1) In general Subject to paragraphs (2) and (3), effective on the first day of the first full month commencing 1 year after May 8, 2008 8 U.S.C. 1101(a)(17) (2) Transition period There shall be a transition period beginning on the transition program effective date and ending on December 31, 2029 (3) Delay of commencement of transition period (A) In general The Secretary of Homeland Security, in the Secretarys sole discretion, in consultation with the Secretary of the Interior, the Secretary of Labor, the Secretary of State, the Attorney General, and the Governor of the Commonwealth, may determine that the transition program effective date be delayed for a period not to exceed more than 180 days after such date. (B) Congressional notification The Secretary of Homeland Security shall notify the Congress of a determination under subparagraph (A) not later than 30 days prior to the transition program effective date. (C) Congressional review A delay of the transition program effective date shall not take effect until 30 days after the date on which the notification under subparagraph (B) is made. (4) Requirement for regulations The transition program shall be implemented pursuant to regulations to be promulgated, as appropriate, by the head of each agency or department of the United States having responsibilities under the transition program. (5) Interagency agreements The Secretary of Homeland Security, the Secretary of State, the Secretary of Labor, and the Secretary of the Interior shall negotiate and implement agreements among their agencies to identify and assign their respective duties so as to ensure timely and proper implementation of the provisions of this section. The agreements should address, at a minimum, procedures to ensure that Commonwealth employers have access to adequate labor, and that tourists, students, retirees, and other visitors have access to the Commonwealth without unnecessary delay or impediment. The agreements may also allocate funding between the respective agencies tasked with various responsibilities under this section. (6) Fees for training United States workers (A) Supplemental fee (i) In general In addition to fees imposed pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) (ii) Inflation adjustment Beginning in fiscal year 2020, the Secretary, through notice in the Federal Register, may annually adjust the supplemental fee imposed under clause (i) by a percentage equal to the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (iii) Use of funds Amounts collected pursuant to clause (i) shall be deposited into the Treasury of the Commonwealth Government for the sole and exclusive purpose of funding vocational education, apprenticeships, or other training programs for United States workers. (iv) Fraud prevention and detection fee In addition to the fees described in clause (i), the Secretary (I) shall impose, on each prospective employer filing a petition under this subsection for one or more nonimmigrant workers, a $50 fraud prevention and detection fee; and (II) shall deposit and use the fees collected under subclause (I) for the sole purpose of preventing and detecting immigration benefit fraud in the Northern Mariana Islands, in accordance with section 286(v)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1356(v)(2)(B) (B) Plan for the expenditure of funds Not later than 120 days before the first day of fiscal year 2020, and annually thereafter, the Governor of the Commonwealth Government shall submit to the Secretary of Labor (i) a plan for the expenditures of amounts deposited under subparagraph (A)(iii); (ii) a projection of the effectiveness of such expenditures in the placement of United States workers into jobs held by non-United States workers; and (iii) a report on the changes in employment of United States workers attributable to expenditures of such amounts during the previous year. (C) Determination and report Not later than 120 days after receiving each expenditure plan under subparagraph (B)(i), the Secretary of Labor shall (i) issue a determination on the plan; and (ii) submit a report to Congress that describes the effectiveness of the Commonwealth Government at meeting the goals set forth in such plan. (D) Payment restriction Payments may not be made in a fiscal year from amounts deposited under subparagraph (A)(iii) before the Secretary of Labor has approved the expenditure plan submitted under subparagraph (B)(i) for that fiscal year. (7) Asylum Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (b) Numerical limitations for nonimmigrant workers (1) In general (A) Nonimmigrant workers generally An alien, if otherwise qualified, may seek admission to Guam or to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration and Nationality Act (8 USC 1 1 1 (B) H-2B workers In the case of an alien described in subparagraph (A) who seeks admission under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) December 31, 2024 (i) to perform service or labor on Guam or in the Commonwealth pursuant to any agreement entered into by a prime contractor or subcontractor calling for services or labor required for performance of a contract or subcontract for construction, repairs, renovations, or facility services that is directly connected to, supporting, associated with, or adversely affected by the military realignment occurring on Guam and in the Commonwealth, with priority given to federally funded military projects; or (ii) to perform service or labor as a health care worker (such as a nurse, physician assistant, or allied health professional) at a facility that jointly serves members of the Armed Forces, dependents, and civilians on Guam or in the Commonwealth, subject to the education, training, licensing, and other requirements of section 212(a)(5)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(C) (2) Locations Paragraph (1) does not apply with respect to the performance of services of labor at a location other than Guam or the Commonwealth. (3) Report Not later than December 1, 2027 (A) projects the number of asylum claims the Secretary anticipates following the termination of the transition period; and (B) describes the efforts of the Secretary to ensure appropriate interdiction efforts, provide for appropriate treatment of asylum seekers, and prepare to accept and adjudicate asylum claims in the Commonwealth. (c) Nonimmigrant investor visas (1) In general Notwithstanding the treaty requirements in section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) 8 U.S.C. 1101(a)(15)(E)(ii) (A) has been admitted to the Commonwealth in long-term investor status under the immigration laws of the Commonwealth before the transition program effective date; (B) has continuously maintained residence in the Commonwealth under long-term investor status; (C) is otherwise admissible; and (D) maintains the investment or investments that formed the basis for such long-term investor status. (2) Requirement for regulations Not later than 60 days before the transition program effective date, the Secretary of Homeland Security shall publish regulations in the Federal Register to implement this subsection. (d) Special provision to ensure adequate employment; Commonwealth only transitional workers An alien who is seeking to enter the Commonwealth as a nonimmigrant worker may be admitted to perform work during the transition period subject to the following requirements: (1) Such an alien shall be treated as a nonimmigrant described in section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) 8 U.S.C. 1258 8 U.S.C. 1255 (2)  Protection for united states workers. (A)  Temporary labor certification. (i)  In general Beginning with petitions filed with employment start dates in fiscal year 2020, a petition to import a nonimmigrant worker under this subsection may not be approved by the Secretary unless the petitioner has applied to the Secretary of Labor for a temporary labor certification confirming that (I) there are not sufficient United States workers in the Commonwealth who are able, willing, qualified, and available at the time and place needed to perform the services or labor involved in the petition; and (II) employment of the nonimmigrant worker will not adversely affect the wages and working conditions of similarly employed United States workers. (ii)  Petition After receiving a temporary labor certification under clause (i), a prospective employer may submit a petition to the Secretary for a Commonwealth Only Transitional Worker permit on behalf of the nonimmigrant worker. (B)  Prevailing wage survey. (i)  In general In order to effectuate the requirement for a temporary labor certification under subparagraph (A)(i), the Secretary of Labor shall use, or make available to employers, an occupational wage survey conducted by the Governor that the Secretary of Labor has determined meets the statistical standards for determining prevailing wages in the Commonwealth on an annual basis. (ii)  Alternative method for determining the prevailing wage In the absence of an occupational wage survey approved by the Secretary of Labor under clause (i), the prevailing wage for an occupation in the Commonwealth shall be the arithmetic mean of the wages of workers similarly employed in the territory of Guam according to the wage component of the Occupational Employment Statistics Survey conducted by the Bureau of Labor Statistics. (C)  Minimum wage An employer shall pay each Commonwealth Only Transitional Worker a wage that is not less than the greater of (i) the statutory minimum wage in the Commonwealth; (ii) the Federal minimum wage; or (iii) the prevailing wage in the Commonwealth for the occupation in which the worker is employed. (3)  Permits. (A)  In general The Secretary shall establish, administer, and enforce a system for allocating and determining terms and conditions of permits to be issued to prospective employers for each nonimmigrant worker described in this subsection who would not otherwise be eligible for admission under the Immigration and Nationality Act ( 8 U.S.C. 1101 (B)  Numerical cap The number of permits issued under subparagraph (A) may not exceed (i) 13,000 for fiscal year 2019; (ii) 12,500 for fiscal year 2020; (iii) 12,000 for fiscal year 2021; (iv) 11,500 for fiscal year 2022; (v) 11,000 for fiscal year 2023; (vi) 10,000 for fiscal year 2024; (vii) 9,000 for fiscal year 2025; (viii) 8,000 for fiscal year 2026; (ix) 7,000 for fiscal year 2027; (x) 6,000 for fiscal year 2028; (xi) 5,000 for fiscal year 2029; and (xii) 1,000 for the first quarter of fiscal year 2030. (C)  Reports regarding the percentage of united states workers. (i)  By governor Not later than 60 days before the end of each calendar year, the Governor shall submit a report to the Secretary that identifies the ratio between United States workers and other workers in the Commonwealths workforce based on income tax filings with the Commonwealth for the tax year. (ii)  By gao Not later than December 31, 2019 (D)  Petition; issuance of permits. (i)  Submission A prospective employer may submit a petition for a permit under this paragraph not earlier than (I) 120 days before the date on which the prospective employer needs the beneficiarys services; or (II) if the petition is for the renewal of an existing permit, not earlier than 180 days before the expiration of such permit. (ii)  Employment verification The Secretary shall establish a system for each employer of a Commonwealth Only Transitional Worker to submit a semiannual report to the Secretary and the Secretary of Labor that provides evidence to verify the continuing employment and payment of such worker under the terms and conditions set forth in the permit petition that the employer filed on behalf of such worker. (iii)  Revocation. (I)  In general The Secretary, in the Secretarys discretion, may revoke a permit approved under this paragraph for good cause, including if (aa) the employer fails to maintain the continuous employment of the subject worker, fails to pay the subject worker, fails to timely file a semiannual report required under this paragraph, commits any other violation of the terms and conditions of employment, or otherwise ceases to operate as a legitimate business (as defined in clause (iv)(II)); (bb) the beneficiary of such petition does not apply for admission to the Commonwealth by the date that is 10 days after the period of petition validity begins, if the employer has requested consular processing; or (cc) the employer fails to provide a former, current, or prospective Commonwealth Only Transitional Worker, not later than 21 business days after receiving a written request from such worker, with the original (or a certified copy of the original) of all petitions, notices, and other written communication related to the worker (other than sensitive financial or proprietary information of the employer, which may be redacted) that has been exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency or department. (II)  Reallocation of revoked petition Notwithstanding subparagraph (C), for each permit revoked under subclause (I) in a fiscal year, an additional permit shall be made available for use in the subsequent fiscal year. (iv)  Legitimate business. (I)  In general A permit may not be approved for a prospective employer that is not a legitimate business. (II)  Defined term In this clause, the term legitimate business means a real, active, and operating commercial or entrepreneurial undertaking that the Secretary, in the Secretarys sole discretion, determines (aa) produces services or goods for profit, or is a governmental, charitable, or other validly recognized nonprofit entity; (bb) meets applicable legal requirements for doing business in the Commonwealth; (cc) has substantially complied with wage and hour laws, occupational safety and health requirements, and all other Federal, Commonwealth, and local requirements related to employment during the preceding 5 years; (dd) does not directly or indirectly engage in, or knowingly benefit from, prostitution, human trafficking, or any other activity that is illegal under Federal, Commonwealth, or local law; (ee) is a participant in good standing in the E-Verify program; (ff) does not have, as an owner, investor, manager, operator, or person meaningfully involved with the undertaking, any individual who has been the owner, investor, manager, operator, or otherwise meaningfully involved with an undertaking that does not comply with item (cc) or (dd), or is the agent of such an individual; and (gg) is not a successor in interest to an undertaking that does not comply with item (cc) or (dd). (v)  Construction occupations A permit for Construction and Extraction Occupations (as defined by the Department of Labor as Standard Occupational Classification Group 470000) may not be issued for any worker other than a worker described in paragraph (7)(B). (E)  Typhoon recovery. (i)  Permits for construction workers Notwithstanding any numerical cap set forth in subparagraph (B) for each of fiscal years 2020, 2021, and 2022, the Secretary of Homeland Security shall increase by 3,000, for each such fiscal year, the total number of permits available under this subsection for Construction and Extraction Occupations (as defined by the Department of Labor as Standard Occupational Classification Group 470000). (ii)  Permit requirements The Secretary may only issue a permit made available under clause (i) to a prospective employer if the permit is for an alien who (I) is a national of a country designated eligible to participate in the program under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) (II) is performing service or labor pursuant to a contract or subcontract for construction, repairs, renovations, or facility services directly connected to, or associated with recovery from a presidentially declared major disaster or emergency (as those terms are defined in section 5122 of title 42 (iii)  Exception for construction workers Subparagraph (D)(v) shall not apply to a permit made available under clause (i) for any fiscal year described in such clause. (4) The Secretary of Homeland Security shall set the conditions for admission of such an alien under the transition program, and the Secretary of State shall authorize the issuance of nonimmigrant visas for such an alien. Such a visa shall not be valid for admission to the United States, as defined in section 101(a)(38) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(38) (5) Such an alien shall be permitted to transfer between employers in the Commonwealth during the period of such aliens authorized stay therein, without permission of the employees current or prior employer, within the aliens occupational category or another occupational category the Secretary of Homeland Security has found requires alien workers to supplement the resident workforce. Approval of a petition filed by the new employer with a start date within the same fiscal year as the current permit shall not count against the numerical limitation for that period. (6) The Secretary of Homeland Security may authorize the admission of a spouse or minor child accompanying or following to join a worker admitted pursuant to this subsection. (7)  Requirement to remain outside of the united states. (A)  In general Except as provided in subparagraph (B) (i) a permit for a Commonwealth Only Transitional Worker (I) shall remain valid for a period that may not exceed 1 year; and (II) may be renewed for not more than two consecutive, 1-year periods; and (ii) at the expiration of the second renewal period, an alien may not again be eligible for such a permit until after the alien has remained outside of the United States for a continuous period of at least 30 days prior to the submission of a renewal petition on their behalf. (B)  Long-term workers An alien who was admitted to the Commonwealth as a Commonwealth Only Transitional Worker during fiscal year 2015, and during every subsequent fiscal year beginning before July 24, 2018 (e) Persons lawfully admitted under the Commonwealth immigration law (1) Prohibition on removal (A) In general Subject to subparagraph (B), no alien who is lawfully present in the Commonwealth pursuant to the immigration laws of the Commonwealth on the transition program effective date shall be removed from the United States on the grounds that such aliens presence in the Commonwealth is in violation of section 212(a)(6)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(A) (i) of the completion of the period of the aliens admission under the immigration laws of the Commonwealth; or (ii) that is 2 years after the transition program effective date. (B) Limitations Nothing in this subsection shall be construed to prevent or limit the removal under subparagraph 212(a)(6)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(A) May 8, 2008 (2) Employment authorization An alien who is lawfully present and authorized to be employed in the Commonwealth pursuant to the immigration laws of the Commonwealth on the transition program effective date shall be considered authorized by the Secretary of Homeland Security to be employed in the Commonwealth until the earlier of the date (A) of expiration of the aliens employment authorization under the immigration laws of the Commonwealth; or (B) that is 2 years after the transition program effective date. (3) Registration The Secretary of Homeland Security may require any alien present in the Commonwealth on or after the transition period effective date to register with the Secretary in such a manner, and according to such schedule, as he may in his discretion require. Paragraphs (1) and (2) of this subsection shall not apply to any alien who fails to comply with such registration requirement. Notwithstanding any other law, the Government of the Commonwealth shall provide to the Secretary all Commonwealth immigration records or other information that the Secretary deems necessary to assist the implementation of this paragraph or other provisions of the Consolidated Natural Resources Act of 2008. Nothing in this paragraph shall modify or limit section 262 of the Immigration and Nationality Act ( 8 U.S.C. 1302 8 U.S.C. 1101 (4) Removable aliens Except as specifically provided in paragraph (1)(A) of this subsection, nothing in this subsection shall prohibit or limit the removal of any alien who is removable under the Immigration and Nationality Act. (5) Prior orders of removal The Secretary of Homeland Security may execute any administratively final order of exclusion, deportation or removal issued under authority of the immigration laws of the United States before, on, or after the transition period effective date, or under authority of the immigration laws of the Commonwealth before the transition period effective date, upon any subject of such order found in the Commonwealth on or after the transition period effective date, regardless whether the alien has previously been removed from the United States or the Commonwealth pursuant to such order. (6) Special provision regarding long-term residents of the Commonwealth (A) CNMI Resident status An alien described in subparagraph (B) may, upon the application of the alien, be admitted in CNMI Resident status to the Commonwealth subject to the following rules: (i) The alien shall be treated as an alien lawfully admitted to the Commonwealth only, including permitting entry to and exit from the Commonwealth, until the earlier of the date on which (I) the alien ceases to reside in the Commonwealth; or (II) the aliens status is adjusted under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (ii) The Secretary of Homeland Security (I) shall establish a process for such alien to apply for CNMI Resident status during the 180-day period beginning on a date determined by the Secretary but not later than the first day of the sixth month after June 25, 2019 (II) may, in the Secretarys discretion, authorize deferred action or parole, as appropriate, with work authorization, for such alien beginning on June 25, 2019 (iii) Nothing in this subparagraph may be construed to provide any alien granted status under this subparagraph with public assistance to which the alien is not otherwise entitled. (iv) An alien granted status under this paragraph (I) is subject to all grounds of deportability under section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 (II) is subject to all grounds of inadmissibility under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 (III) is inadmissible to the United States at any port of entry outside the Commonwealth, except that the Secretary of Homeland Security may in the Secretarys discretion authorize admission of such alien at a port of entry in Guam for the purpose of direct transit to the Commonwealth, which admission shall be considered an admission to the Commonwealth; (IV) automatically shall lose such status if the alien travels from the Commonwealth to any other place in the United States, except that the Secretary of Homeland Security may in the Secretarys discretion establish procedures for the advance approval on a case-by-case basis of such travel for a temporary and legitimate purpose, and the Secretary may in the Secretarys discretion authorize the direct transit of aliens with CNMI Resident status through Guam to a foreign place; (V) shall be authorized to work in the Commonwealth incident to status; and (VI) shall be issued appropriate travel documentation and evidence of work authorization by the Secretary. (B) Aliens described An alien is described in this subparagraph if the alien (i) was lawfully present on June 25, 2019 December 31, 2018 8 U.S.C. 1182(d)(5) (ii) is admissible as an immigrant to the United States under the Immigration and Nationality Act ( 8 U.S.C. 1101 (iii) resided continuously and lawfully in the Commonwealth from November 28, 2009 June 25, 2019 (iv) is not a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; and (v) in addition (I) was born in the Northern Mariana Islands between January 1, 1974 January 9, 1978 (II) was, on November 27, 2009 section 4303 of title 3 May 8, 2008 (III) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (IV) was, on November 27, 2011 (V) had a grant of parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) December 31, 2018 (C) Authority of Attorney General Beginning on the first day of the 180-day period established by the Secretary of Homeland Security under subparagraph (A)(ii)(I), the Attorney General may accept and adjudicate an application for CNMI Resident status under this paragraph by an alien who is in removal proceedings before the Attorney General if the alien (i) makes an initial application to the Attorney General within such 180-day period; or (ii) applied to the Secretary of Homeland Security during such 180-period 2 2 (D) Judicial review Notwithstanding any other law, no court shall have jurisdiction to review any decision of the Secretary of Homeland Security or the Attorney General on an application under this paragraph or any other action or determination of the Secretary of Homeland Security or the Attorney General to implement, administer, or enforce this paragraph. (E) Procedure The requirements of chapter 5 of title 5 (commonly referred to as the Administrative Procedure Act), or any other law relating to rulemaking, information collection or publication in the Federal Register shall not apply to any action to implement, administer or enforce this paragraph. (f) Effect on other laws The provisions of this section and of the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) (g) Accrual of time for purposes of section 212(a)(9)(B) of the Immigration and Nationality Act No time that an alien is present in the Commonwealth in violation of the immigration laws of the Commonwealth shall be counted for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) (h) Report on nonresident guestworker population The Secretary of the Interior, in consultation with the Secretary of Homeland Security, and the Governor of the Commonwealth, shall report to the Congress not later than 2 years after May 8, 2008 (1) the number of aliens residing in the Commonwealth; (2) a description of the legal status (under Federal law) of such aliens; (3) the number of years each alien has been residing in the Commonwealth; (4) the current and future requirements of the Commonwealth economy for an alien workforce; and (5) such recommendations to the Congress, as the Secretary may deem appropriate, related to whether or not the Congress should consider permitting lawfully admitted guest workers lawfully residing in the Commonwealth on May 8, 2008 (i) Definitions In this section: (1) Commonwealth The term Commonwealth means the Commonwealth of the Northern Mariana Islands. (2) Commonwealth Only Transition Worker The term Commonwealth Only Transition Worker means an alien who has been admitted into the Commonwealth under the transition program and is eligible for a permit under subsection (d)(3). (3) Governor The term Governor means the Governor of the Commonwealth of the Northern Mariana Islands. (4) Secretary The term Secretary means the Secretary of Homeland Security. (5) Tax year The term tax year means the fiscal year immediately preceding the current fiscal year. (6) United States worker The term United States worker means any worker who is (A) a citizen or national of the United States; (B) an alien who has been lawfully admitted for permanent residence; or (C) a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau (known collectively as the Freely Associated States) who has been lawfully admitted to the United States pursuant to (i) section 141 of the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia ( 48 U.S.C. 1921 3 3 (ii) section 141 of the Compact of Free Association between the United States and the Government of Palau ( 48 U.S.C. 1931 ( Pub. L. 94241,  6 Pub. L. 110229, title VII,  702(a) May 8, 2008 122 Stat. 854 Pub. L. 113235,  10 Dec. 16, 2014 128 Stat. 2134 Pub. L. 11553,  2 Aug. 22, 2017 131 Stat. 1091 Pub. L. 11591, div. A, title X,  1049(a) Dec. 12, 2017 131 Stat. 1558 Pub. L. 115218,  3(a) July 24, 2018 132 Stat. 1547 Pub. L. 115232, div. A, title X,  1045(a) Aug. 13, 2018 132 Stat. 1959 Pub. L. 11624,  2 June 25, 2019 133 Stat. 977 Pub. L. 11694, div. P, title IX,  902 Dec. 20, 2019 133 Stat. 3197 Pub. L. 116283, div. H, title XCV,  9502 Jan. 1, 2021 134 Stat. 4822 Pub. L. 117263, div. E, title LIX,  5901 Dec. 23, 2022 136 Stat. 3440  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsecs. (d)(3)(A) and (e)(3), (4), (6)(B)(ii), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of Title 8 The Consolidated Natural Resources Act of 2008, referred to in subsec. (e)(1)(B), (3), is Pub. L. 110229 May 8, 2008 122 Stat. 754 section 1 of Title 16 Section 141 of the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, referred to in subsec. (i)(6)(C)(i), is contained in section 201 of Pub. L. 99239 section 1901 of Title 48 Section 141 of the Compact of Free Association between the United States and the Government of Palau, referred to in subsec. (i)(6)(C)(ii), is contained in section 201 of Pub. L. 99658 section 1931 of Title 48 Amendments 2022Subsec. (b)(1)(B). Pub. L. 117263 December 31, 2024 December 31, 2023 2021Subsec. (b)(1)(B)(i). Pub. L. 116283 2019Subsec. (d)(3)(E). Pub. L. 11694 Subsec. (e)(6). Pub. L. 11624 2018Subsec. (a)(2). Pub. L. 115218,  3(a)(1)(A) Subsec. (a)(6). Pub. L. 115218,  3(a)(1)(B) 8 U.S.C. 1356(m) Subsec. (b)(1)(B). Pub. L. 115232,  1045(a)(1) October 1, 2023 Subsec. (b)(2). Pub. L. 115232,  1045(a)(2) Subsec. (b)(3). Pub. L. 115218,  3(a)(2) Subsec. (d)(2). Pub. L. 115218,  3(a)(3)(B) Subsec. (d)(3). Pub. L. 115218,  3(a)(3)(C) 8 U.S.C. 1101 October 1, 2015 December 31, 2019 August 22, 2017 September 30, 2017 Pub. L. 115218,  3(a)(3)(A) Subsec. (d)(4). Pub. L. 115218,  3(a)(3)(D) Pub. L. 115218,  3(a)(3)(A) Subsec. (d)(5). Pub. L. 115218,  3(a)(3)(E) Pub. L. 115218,  3(a)(3)(A) Subsec. (d)(6). Pub. L. 115218,  3(a)(3)(A) Subsec. (d)(7). Pub. L. 115218,  3(a)(3)(F) Subsec. (i). Pub. L. 115218,  3(a)(4) 2017Subsec. (a)(6). Pub. L. 11553,  2(1) Subsec. (b). Pub. L. 11591 8 U.S.C. 1101(a)(15)(H) 8 U.S.C. 1184(g) Subsec. (d)(2). Pub. L. 11553,  2(2) October 1, 2015 8 U.S.C. 1101 December 31, 2019 August 22, 2017 September 30, 2017 December 31, 2019 2014Subsec. (a)(2). Pub. L. 113235,  10(1) December 31, 2019 December 31, 2014 Subsec. (d)(2). Pub. L. 113235,  10(2)(A) December 31, 2019 December 31, 2014 Subsec. (d)(5), (6). Pub. L. 113235,  10(2)(B) Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Pub. L. 115232, div. A, title X,  1045(b) Aug. 13, 2018 132 Stat. 1959 The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Aug. 13, 2018 Pub. L. 115218,  3(e) July 24, 2018 132 Stat. 1554  (1)  In general Except as specifically otherwise provided, this Act [see Short Title of 2018 Amendment note set out under section 1801 of this title (A) shall take effect on the date of the enactment of this Act [ July 24, 2018 (B) shall apply to petitions for Commonwealth Only Transitional Workers filed on or after such date. (2)  Authority of secretary of homeland security The Secretary of Homeland Security, in the Secretarys discretion, may delay the effective date of any provision of this Act relating to Commonwealth Only Transition Workers until the effective date of the interim final rule described in subsection (b) [set out as a Rulemaking note below], except for provisions providing annual numerical caps for such workers. Effective Date of 2017 Amendment Pub. L. 11591, div. A, title X,  1049(c) Dec. 12, 2017 131 Stat. 1559  The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Dec. 12, 2017 (1) In the case of services or labor to be performed on Guam, such amendment shall apply beginning on the date that is 120 days after the date of the enactment of this Act. (2) In the case of services or labor to be performed on the Common Wealth [sic] of the Northern Mariana Islands, such amendment shall apply beginning on the later of (A) the date that is 120 days after the date of the submittal of the certification and report required under subsection (b) [ 131 Stat. 1559 (B) the date on which the transition program ends under section 6(a)(2) of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, and for other purposes, approved March 24, 1976 48 U.S.C. 1806(a)(2) Effective Date Pub. L. 110229, title VII,  705 May 8, 2008 122 Stat. 867 Pub. L. 1134, title VIII,  809 Mar. 7, 2013 127 Stat. 117  (a)  In General Except as specifically provided in this section or otherwise in this subtitle [subtitle A ( 701705) of title VII of Pub. L. 110229 section 1804 of this title section 1801 of this title section 1182 of Title 8 section 1801 of this title May 8, 2008 (b)  Amendments to the Immigration and Nationality Act The amendments to the Immigration and Nationality Act [ 8 U.S.C. 1101 8 U.S.C. 1101(a)(17) section 6 of Public Law 94241 48 U.S.C. 1806 (c)  Construction Nothing in this subtitle or the amendments made by this subtitle shall be construed to make any residence or presence in the Commonwealth before the transition program effective date described in section 6 of Public Law 94241 48 U.S.C. 1806 (1) for the purpose of determining whether an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) November 28, 2009 (2) for the purpose of determining whether an alien whose application for status under subparagraph (T) or (U) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) l 8 U.S.C. 1255 November 28, 2009 Rulemaking Pub. L. 115218,  3(b) July 24, 2018 132 Stat. 1554  (1)  Secretary of homeland security Notwithstanding the requirements under section 553(b) of title 5 July 24, 2018 (2)  Secretary of labor Notwithstanding the requirements under section 553(b) of title 5 (3)  Recommendations of the governor In developing the interim final rules under paragraphs (1) and (2), the Secretary of Homeland Security and the Secretary of Labor (A) shall each consider, in good faith, any written public recommendations regarding the implementation of this Act [see Short Title of 2018 Amendment note set out under section 1801 of this title (B) may include provisions in such rule that are responsive to any recommendation of the Governor that is not inconsistent with this Act, including a recommendation to reserve a number of permits each year for occupational categories necessary to maintain public health or safety in the Commonwealth. Purposes of Pub. L. 115218 Pub. L. 115218,  2 July 24, 2018 132 Stat. 1547  The purposes of this Act [see Short Title of 2018 Amendment note set out under section 1801 of this title (1) to increase the percentage of United States workers (as defined in section 6(i) of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes ( 48 U.S.C. 1806 (2) to encourage the hiring of United States workers into such workforce; and (3) to ensure that no United States worker (A) is at a competitive disadvantage for employment compared to a worker who is not a United States worker; or (B) is displaced by a worker who is not a United States worker. Outreach and Training Pub. L. 115218,  3(d) July 24, 2018 132 Stat. 1554 Not later than 120 days after the date on which the Secretary of Labor publishes an interim final rule in the Federal Register in accordance with subsection (b)(2) [set out as a Rulemaking note above], the Secretary shall conduct outreach and training in the Commonwealth of the Northern Mariana Islands for employers and workers on the foreign labor certification process set forth in section 6 of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes [ 48 U.S.C. 1806 Congressional Intent Pub. L. 110229, title VII,  701 May 8, 2008 122 Stat. 853  (a)  Immigration and Growth In recognition of the need to ensure uniform adherence to long-standing fundamental immigration policies of the United States, it is the intention of the Congress in enacting this subtitle [subtitle A ( 701705) of title VII of Pub. L. 110229 (1) to ensure that effective border control procedures are implemented and observed, and that national security and homeland security issues are properly addressed, by extending the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) (A) the orderly phasing-out of the nonresident contract worker program of the Commonwealth; and (B) the orderly phasing-in of Federal responsibilities over immigration in the Commonwealth; and (2) to minimize, to the greatest extent practicable, potential adverse economic and fiscal effects of phasing-out the Commonwealths nonresident contract worker program and to maximize the Commonwealths potential for future economic and business growth by (A) encouraging diversification and growth of the economy of the Commonwealth in accordance with fundamental values underlying Federal immigration policy; (B) recognizing local self-government, as provided for in the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America through consultation with the Governor of the Commonwealth; (C) assisting the Commonwealth in achieving a progressively higher standard of living for citizens of the Commonwealth through the provision of technical and other assistance; (D) providing opportunities for individuals authorized to work in the United States, including citizens of the freely associated states; and (E) providing a mechanism for the continued use of alien workers, to the extent those workers continue to be necessary to supplement the Commonwealths resident workforce, and to protect those workers from the potential for abuse and exploitation. (b)  Avoiding Adverse Effects In recognition of the Commonwealths unique economic circumstances, history, and geographical location, it is the intent of the Congress that the Commonwealth be given as much flexibility as possible in maintaining existing businesses and other revenue sources, and developing new economic opportunities, consistent with the mandates of this subtitle. This subtitle, and the amendments made by this subtitle, should be implemented wherever possible to expand tourism and economic development in the Commonwealth, including aiding prospective tourists in gaining access to the Commonwealths memorials, beaches, parks, dive sites, and other points of interest. Reports Pub. L. 110229, title VII,  702(h)(1) May 8, 2008 122 Stat. 864  (1)  In general Not later than March 1 of the first year that is at least 2 full years after the date of enactment of this subtitle [ May 8, 2008 48 U.S.C. 1806 March 24, 1976 Public Law 94241 8 U.S.C. 1101 (2)  Contents In addition to other topics otherwise required to be included under this subtitle [subtitle A ( 701705) of title VII of Pub. L. 110229 8 U.S.C. 1101(a)(15)(H) Pub. L. 110229, title VII,  702(h)(4) May 8, 2008 122 Stat. 865  (4)  Reports by the local government The Governor of the Commonwealth may submit an annual report to the President on the implementation of this subtitle [subtitle A ( 701705) of title VII of Pub. L. 110229 Required Actions Prior to Transition Program Effective Date Pub. L. 110229, title VII,  702(i) May 8, 2008 122 Stat. 866  During the period beginning on the date of enactment of this Act [ May 8, 2008 section 6 of Public Law 94241 48 U.S.C. 1806 (1) not permit an increase in the total number of alien workers who are present in the Commonwealth as of the date of enactment of this Act [ May 8, 2008 (2) administer its nonrefoulement protection program (A) according to the terms and procedures set forth in the Memorandum of Agreement entered into between the Commonwealth of the Northern Mariana Islands and the United States Department of Interior, Office of Insular Affairs, executed on September 12, 2003 May 8, 2008 Public Law 1361 (B) so as not to remove or otherwise effect the involuntary return of any alien whom the Protection Consultant has determined to be eligible for protection from persecution or torture.  1807. Technical assistance program (1) In general The Secretary of the Interior, in consultation with the Governor of the Commonwealth, the Secretary of Labor, and the Secretary of Commerce, and as provided in the Interagency Agreements required to be negotiated under section 1806(a)(4) of this title 1 1 (A) technical assistance and other support to the Commonwealth to identify opportunities for, and encourage diversification and growth of, the economy of the Commonwealth; (B) technical assistance, including assistance in recruiting, training, and hiring of workers, to assist employers in the Commonwealth in securing employees first from among United States citizens and nationals resident in the Commonwealth and if an adequate number of such workers are not available, from among legal permanent residents, including lawfully admissible citizens of the freely associated states; and (C) technical assistance, including assistance to identify types of jobs needed, identify skills needed to fulfill such jobs, and assistance to Commonwealth educational entities to develop curricula for such job skills to include training teachers and students for such skills. (2) Consultation In providing such technical assistance under paragraph (1), the Secretaries shall (A) consult with the Government of the Commonwealth, local businesses, regional banks, educational institutions, and other experts in the economy of the Commonwealth; and (B) assist in the development and implementation of a process to identify opportunities for and encourage diversification and growth of the economy of the Commonwealth and to identify and encourage opportunities to meet the labor needs of the Commonwealth. (3) Cost-sharing For the provision of technical assistance or support under this paragraph (other than that required to pay the salaries and expenses of Federal personnel), the Secretary of the Interior shall require a non-Federal matching contribution of 10 percent. ( Pub. L. 110229, title VII,  702(e) May 8, 2008 122 Stat. 863  Editorial Notes  References in Text Section 1806(a)(4) of this title section 1806(a)(5) of this title section 702 of Pub. L. 110229 Codification Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of Pub. L. 94241 Statutory Notes and Related Subsidiaries Department of the Interior Technical Assistance Pub. L. 115218,  3(c) July 24, 2018 132 Stat. 1554  Not later than October 1, 2019 (1) to identify opportunities for economic growth and diversification; (2) to provide assistance in recruiting, training, and hiring United States workers; and (3) to provide such other technical assistance and consultation as outlined in section 702(e) of the Consolidated Natural Resources Act of 2008 ( 48 U.S.C. 1807  1808. Operations (1) Establishment At any time on and after May 8, 2008 (A) the Immigration and Nationality Act ( 8 U.S.C. 1101 (B) the transition program established under section 1806 of this title (2) Personnel To the maximum extent practicable and consistent with the satisfactory performance of assigned duties under applicable law, the Attorney General, Secretary of Homeland Security, and the Secretary of Labor shall recruit and hire personnel from among qualified United States citizens and national applicants residing in the Commonwealth to serve as staff in carrying out operations described in paragraph (1). ( Pub. L. 110229, title VII,  702(f) May 8, 2008 122 Stat. 863  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in par. (1)(A), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of Title 8 Section 1806 of this title section 1806 of this title section 702 of Pub. L. 110229 Codification Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of Pub. L. 94241 SUBCHAPTER II JUDICIAL MATTERS  1821. District Court for the Northern Mariana Islands (a) Establishment; judicial circuit; terms of court There is established for and within the Northern Mariana Islands a court of record to be known as the District Court for the Northern Mariana Islands. The Northern Mariana Islands shall constitute a part of the same judicial circuit of the United States as Guam. Terms of court shall be held on Saipan and at such other places and at such times as the court may designate by rule or order. (b) Appointment, tenure, removal, compensation, etc., of District Court judge; appointment of United States attorney and United States marshal (1) The President shall, by and with the advice and consent of the Senate, appoint a judge for the District Court for the Northern Mariana Islands who shall hold office for the term of ten years and until his successor is chosen and qualified, unless sooner removed by the President for cause. The judge shall receive a salary payable by the United States which shall be at the rate prescribed for judges of the United States district courts. (2) The Chief Judge of the Ninth Judicial Circuit of the United States may assign justices of the High Court of the Trust Territory of the Pacific Islands or judges of courts of record of the Northern Mariana Islands who are licensed attorneys in good standing or a circuit or district judge of the ninth circuit, including a judge of the District Court of Guam who is appointed by the President or a recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit to serve temporarily as a judge in the District Court for the Northern Mariana Islands whenever such an assignment is necessary for the proper dispatch of the business of the court. Such judges shall have all the powers of a judge of the District Court for the Northern Mariana Islands, including the power to appoint any person to a statutory position, or to designate a depository of funds or a newspaper for publication of legal notices. (3) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and United States marshal for the Northern Mariana Islands to whose offices the provisions of chapters 35 and 37 of title 28, respectively, shall apply. (4) If the President appoints a judge for the District Court for the Northern Mariana Islands or a United States attorney or a United States marshal for the Northern Mariana Islands who at that time is serving in the same capacity in another district, the appointment shall, without prejudice to a subsequent appointment, be for the unexpired term of such judge or officer. (c) Applicability of Federal rules and statutory requirements Where appropriate, and except as otherwise provided in articles IV and V of the Covenant approved by the Act of March 24, 1976 90 Stat. 263 1 1 ( Pub. L. 95157,  1 Nov. 8, 1977 91 Stat. 1265 Pub. L. 98454, title IX,  901 Oct. 5, 1984 98 Stat. 1744  Editorial Notes  References in Text The Covenant, referred to in subsec. (c), is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94241 section 1801 of this title Act of March 24, 1976 Pub. L. 94241 Mar. 24, 1976 90 Stat. 263 The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. Codification Section was formerly classified to section 1694 of this title Amendments 1984Subsec. (b)(1). Pub. L. 98454,  901(a) Subsec. (b)(2). Pub. L. 98454,  901(b) Subsec. (c). Pub. L. 98454,  901(c) March 24, 1976 90 Stat. 263 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title Effective Date For effective date of this section, see section 1825 of this title Extension of Term of District Judges Extension of term of district court judges to ten years applicable to judges holding office on Oct. 5, 1984 section 1004 of Pub. L. 98454 section 1424b of this title Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1822. Jurisdiction of District Court; original jurisdiction; procedural requirements (a) The District Court for the Northern Mariana Islands shall have the jurisdiction of a District Court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28 (b) The district court shall have original jurisdiction in all causes in the Northern Mariana Islands not described in subsection (a) jurisdiction over which is not vested by the Constitution or laws of the Northern Mariana Islands in a court or courts of the Northern Mariana Islands. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court of the Northern Mariana Islands for the purposes of determining the requirements of indictment by grand jury or trial by jury. ( Pub. L. 95157,  2 Nov. 8, 1977 91 Stat. 1266 Pub. L. 98454, title IX,  902 Oct. 5, 1984 98 Stat. 1744  Editorial Notes Codification Section was formerly classified to section 1694a of this title Amendments 1984Subsec. (a). Pub. L. 98454 section 1332 of title 28 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title Effective Date For effective date of this section, see section 1825 of this title  1823. Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Ninth Circuit; rules (a) Appellate jurisdiction of District Court Prior to the establishment of an appellate court for the Northern Mariana Islands the district court shall have such appellate jurisdiction over the courts established by the Constitution or laws of the Northern Mariana Islands as the Constitution and laws of the Northern Mariana Islands provide, except that such Constitution and laws may not preclude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States, including the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America ( 90 Stat. 263 (b) Appellate division of District Court; quorum; presiding judge; designation of judges; decisions Appeals to the district court shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The judge appointed for the court by the President shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges assigned to the court from time to time pursuant to section 1821(b)(2) of this title Provided (c) United States Court of Appeals for Ninth Circuit; jurisdiction; appeals; rules The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the appellate division of the district court. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection. ( Pub. L. 95157,  3 Nov. 8, 1977 91 Stat. 1266 Pub. L. 98454, title IX,  903 Oct. 5, 1984 98 Stat. 1744  Editorial Notes  References in Text The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in subsec. (a), is contained in section 1 of Pub. L. 94241 section 1801 of this title Codification Section was formerly classified to section 1694b of this title Amendments 1984 Pub. L. 98454 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title Effective Date For effective date of this section, see section 1825 of this title  1824. Relations between courts of United States and courts of Northern Mariana Islands; applicability of statutory provisions (a) The relations between the courts established by the Constitution or laws of the United States and the courts of the Northern Mariana Islands with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings, except as otherwise provided in article IV of the covenant: Provided section 1823 of this title (b) Those portions of title 28 which apply to Guam or the District Court of Guam shall be applicable to the Northern Mariana Islands or the District Court for the Northern Mariana Islands, respectively, except as otherwise provided in article IV of the covenant. The district court established by this subchapter shall be a district court as that term is used in section 3006A of title 18 ( Pub. L. 95157,  4 Nov. 8, 1977 91 Stat. 1266 Pub. L. 98454, title IX,  904 Oct. 5, 1984 98 Stat. 1745  Editorial Notes  References in Text The covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94241 section 1801 of this title Codification Section was formerly classified to section 1694c of this title Amendments 1984Subsec. (a). Pub. L. 98454 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98454 Oct. 5, 1984 section 1005 of Pub. L. 98454 section 1424 of this title Effective Date For effective date of this section, see section 1825 of this title  1825. Effective date  This subchapter shall come into force upon its approval or at the time proclaimed by the President for the Constitution of the Northern Mariana Islands to become effective, whichever is the later date. ( Pub. L. 95157,  5 Nov. 8, 1977 91 Stat. 1267  Editorial Notes Codification Section was formerly classified to section 1694d of this title Executive Documents Effective Date of Constitution For provisions of proclamation of President relating to effective date for Constitution of Northern Mariana Islands, see Proc. No. 4534, Oct. 24, 1977 section 1801 of this title  1826. Authorization of appropriations  There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter. ( Pub. L. 95157,  6 Nov. 8, 1977 91 Stat. 1267  Editorial Notes Codification Section was formerly classified to section 1694e of this title Statutory Notes and Related Subsidiaries Effective Date For effective date of this section, see section 1825 of this title SUBCHAPTER III MISCELLANEOUS  1841. Funds and services (a) Acquisition and construction of powerplant and distribution facilities There is hereby authorized to be appropriated for expenditure after October 1, 1978 (b) Services and facilities of Federal agencies; grants-in-aid; availability of appropriations in succeeding fiscal years (1) The government of the Northern Marianas in carrying out the purposes of this Act, Public Law 95134 Public Law 94241 48 U.S.C. 1801 (2) Any funds made available to the Northern Mariana Islands under grant-in-aid programs by section 502 of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America ( Public Law 94241 March 24, 1976 (3) Any amount authorized by the Covenant described in paragraph (2) or by any other Act of Congress enacted after March 24, 1976 (c) Supplemental nutrition assistance program benefits and distribution of donated foods Notwithstanding the provisions of the Food and Nutrition Act of 2008 [ 7 U.S.C. 2011 Provided September 30, 1981 1 1 (d) Administration and enforcement of revenue and taxation provisions of Covenant (1) The Secretary of the Treasury is authorized and directed, upon the request of the Governor of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with sections 5 and 7 of article II of the Constitution of the Northern Mariana Islands, or upon receipt of a resolution adopted by both houses of the legislature of the Northern Mariana Islands accompanied by a letter of request from either the Governor or the Lieutenant Governor of the Northern Mariana Islands, without reimbursement or other cost to the government of the Northern Mariana Islands, to administer and enforce the provisions of section 601, 603, or 604 of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America ( Public Law 94241 90 Stat. 263 (2) For purposes of carrying out any administration and enforcement required by this subsection, the Secretary of the Treasury (hereinafter in this subsection referred to as the Secretary), or his delegate, at no cost to the Northern Marianas government, may (A) employ citizens of the Northern Mariana Islands (as defined by Article III of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States (approved, Public Law 94241 90 Stat. 265 March 12, 1980 (3) As part of the administration of taxes required by this subsection, the Secretary or his delegate shall establish, at no cost to the Northern Marianas government, a taxpayers information service to provide such information and assistance to citizens of the Northern Mariana Islands (as so defined) as may be necessary for the filing of returns and the payment of such taxes. ( Pub. L. 95348,  3 Aug. 18, 1978 92 Stat. 489 Pub. L. 96205, title II,  204(a) Mar. 12, 1980 94 Stat. 86 Pub. L. 110234, title IV,  4002(b)(1)(A) May 22, 2008 122 Stat. 1095 Pub. L. 110246,  4(a) June 18, 2008 122 Stat. 1664  Editorial Notes  References in Text This Act, referred to in subsec. (b)(1), is Pub. L. 95348 Aug. 18, 1978 92 Stat. 487 Public Law 95134 Pub. L. 95134 Oct. 15, 1977 91 Stat. 1159 Public Law 94241 Pub. L. 94241 Mar. 24, 1976 90 Stat. 263 The Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, referred to in subsecs. (b)(2), (3) and (d), is contained in section 1 of Pub. L. 94241 section 1801 of this title The Food and Nutrition Act of 2008, referred to in subsec. (c), is Pub. L. 88525 Aug. 31, 1964 78 Stat. 703 section 2011 of Title 7 Section 1421q1 or 15741 of this title, referred to in subsec. (c), was in the original  section 403 of Public Law 95135 section 403 of Public Law 95134 Public Law 95135 Codification Pub. L. 110234 Pub. L. 110246 Pub. L. 110234 section 4(a) of Pub. L. 110246 Subsecs. (b)(2), (3), (c), and (d) of this section were formerly set out as notes under section 1681 of this title March 12, 1980 Pub. L. 96205 Amendments 2008Subsec. (c). Pub. L. 110246,  4002(b)(1)(A) 1980Subsec. (d). Pub. L. 96205 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment of this section and repeal of Pub. L. 110234 Pub. L. 110246 May 22, 2008 Pub. L. 110234 section 4 of Pub. L. 110246 section 8701 of Title 7 Amendment by section 4002(b)(1)(A), (B), (2)(HH) of Pub. L. 110246 Oct. 1, 2008 section 4407 of Pub. L. 110246 section 1161 of Title 2 Commonwealth of the Northern Mariana Islands Pilot Program Pub. L. 11379, title IV,  4031 Feb. 7, 2014 128 Stat. 816  (a)  Study. (1)  In general Prior to establishing the pilot program under subsection (b), the Secretary [of Agriculture] shall conduct a study to be completed not later than 2 years after the date of enactment of this Act [ Feb. 7, 2014 (A) the capabilities of the Commonwealth of the Northern Mariana Islands to operate the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 7 U.S.C. 2012 (B) alternative models of the supplemental nutrition assistance program operation and benefit delivery that best meet the nutrition assistance needs of the Commonwealth of the Northern Mariana Islands. (2)  Scope The study conducted under paragraph (1)(A) shall assess the capability of the Commonwealth of the Northern Mariana Islands to fulfill the responsibilities of a State agency (as defined in section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 (A) extending and limiting participation to eligible households, as required by sections 5 and 6 of that Act ( 7 U.S.C. 2014 (B) issuing benefits through EBT cards, as required by section 7 of that Act ( 7 U.S.C. 2016 (C) maintaining the integrity of the program, including operation of a quality control system, as required by section 16(c) of that Act ( 7 U.S.C. 2025(c) (D) implementing work requirements, including operating an employment and training program, as required by section 6(d) of that Act ( 7 U.S.C. 2015(d) (E) paying a share of administrative costs with non-Federal funds, as required by section 16(a) of that Act ( 7 U.S.C. 2016(a) (b)  Establishment If the Secretary determines that a pilot program is feasible, the Secretary shall establish a pilot program for the Commonwealth of the Northern Mariana Islands to operate the supplemental nutrition assistance program in the same manner in which the program is operated in the States. (c)  Scope The Secretary shall use the information obtained from the study conducted under subsection (a) to establish the scope of the pilot program established under subsection (b). (d)  Report Not later than June 30, 2019 (e)  Funding. (1)  Study Of the funds made available under section 18(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(a)(1) (2)  Pilot program. (A)  In general Except as provided in subparagraph (B), of the funds made available under section 18(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(a)(1) (i) $13,500,000 for fiscal year 2016; and (ii) $8,500,000 for each of fiscal years 2017 and 2018. (B)  Exception If the Secretary determines that a pilot program described in subsection (b) is not feasible, the Secretary shall provide to the Commonwealth of the Northern Mariana Islands any unspent funds described in subparagraph (A), which shall (i) be made available for obligation under the Commonwealth of the Northern Mariana Islands nutrition assistance program block grant in addition to any other funds made available for that grant; and (ii) remain available until expended.  1842. Covering into Commonwealth treasury of tax proceeds collected pursuant to Covenant  The Secretary shall take such steps as are necessary to ensure that the proceeds of taxes collected under the provisions of sections 601, 602, 603, and 604 of the Covenant ( Public Law 94241 ( Pub. L. 96205, title II,  204(b) Mar. 12, 1980 94 Stat. 87  Editorial Notes  References in Text The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94241 section 1801 of this title Public Law 94241 Pub. L. 94241 Mar. 24, 1976 90 Stat. 263 Statutory Notes and Related Subsidiaries Codification Section was formerly set out as a note under section 1681 of this title Authority of Guam, American Samoa, and the Northern Mariana Islands To Enact Revenue Laws See section 1271 of Pub. L. 99514 section 931 of Title 26  1843. Exemption from taxation for income derived from sources within Commonwealth (a) Taxable years beginning after December 31, 1978 January 1, 1985 Except as provided in subsection (c), any person, including an individual, trust, estate, partnership, association, company, or corporation, which is a resident of or which is organized under the laws of the Commonwealth of the Northern Mariana Islands and which is subject to the provisions of section 601 of the Covenant to Establish the Commonwealth of the Northern Mariana Islands in Political Union with the United States ( Public Law 94241 December 31, 1978 January 1, 1985 (b) Taxable years beginning after December 31, 1980 January 1, 1982 Except as provided in subsection (c), any person, including an individual, trust, estate, partnership, association, company, or corporation, which is a resident of or which is organized under the laws of the Commonwealth of the Northern Mariana Islands and which is subject to the provisions of section 601 of the Covenant to Establish the Commonwealth of the Northern Mariana Islands ( Public Law 94241 December 31, 1980 January 1, 1982 Provided September 30, 1980 Public Law 130 December 31, 1981 (c) Tax rebates As provided in section 602 1 1 Public Law 94241 90 Stat. 263 January 1, 1985 1 January 1, 1985 ( Pub. L. 96205, title II,  205 Mar. 12, 1980 94 Stat. 87 Pub. L. 96597, title III,  303(a) Dec. 24, 1980 94 Stat. 3478 Pub. L. 98213,  3(a) Dec. 8, 1983 97 Stat. 1459  Editorial Notes  References in Text The Covenant, referred to in subsecs. (a) and (b), is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94241 section 1801 of this title Public Law 94241 Pub. L. 94241 Mar. 24, 1976 90 Stat. 263 Sections 601 and 602 of Public Law 94241 Pub. L. 94241 Codification Section was formerly set out as a note under section 1681 of this title Amendments 1983Subsec. (a). Pub. L. 98213,  3(a) Subsec. (c). Pub. L. 98213,  3(b) section 602 of Public Law 94241 1980Subsec. (a). Pub. L. 96597 January 1, 1983 January 1, 1981 Statutory Notes and Related Subsidiaries Suspension of Prohibition of Abatement of Taxation in Commonwealth of Northern Mariana Islands Pub. L. 96597, title III,  303(b) Dec. 24, 1980 94 Stat. 3478 Jan. 1, 1983  1844. Political union between Territory of Guam and Commonwealth of Northern Mariana Islands In the event that a political union is effected at a future time between the Territory of Guam and the Commonwealth of the Northern Mariana Islands, the Federal Government and each of its agencies is authorized and directed to assure that (i) there will be no diminution of any rights or entitlements otherwise eligible to said territory and Commonwealth in effect on the effective date of such union, (ii) there will be no adverse effect on any funds which have been or may hereafter be authorized or appropriated for said territory or Commonwealth, as of the effective date of such union, or (iii) no action is taken that would in any manner discourage such unification. Whenever any discrepancy exists or arises between the benefits available for either said territory or Commonwealth under any policies or programs authorized by law (including, but not limited to, any formulas for matching grants-in-aid or comparable programs or benefits), the most favorable terms available to either said territory or Commonwealth shall be deemed applicable to said unified area after the effective date of unification. ( Pub. L. 96597, title VI,  602 Dec. 24, 1981 94 Stat. 3480  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title  1845. Plans for development, utilization, and conservation of water and related land resources (a) The Secretary of the Army, acting through the Chief of Engineers and in cooperation with the Commonwealth of the Northern Mariana Islands, is hereby authorized and directed to study and draft plans for development, utilization, and conservation of water and related land resources of the Commonwealth. To carry out the purposes of this section there are authorized to be appropriated effective October 1, 1983 (b) Such studies shall include appropriate consideration of the needs for flood protection; wise use of flood plain lands; navigation facilities; hydroelectric power generation; regional water supply and waste water management facilities systems; general recreational facilities; enhancement and control of water quality; enhancement and conservation of fish and wildlife; and other measures for environment improvement and economic and human resources development. Such studies shall also be compatible with comprehensive development plans formulated by local planning agencies and other interested Federal agencies. ( Pub. L. 98213,  13 Dec. 8, 1983 97 Stat. 1462  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title  1846. Exemption from assessment and taxation of real property owned by Commonwealth in United States capital  Real property owned by the Commonwealth of the Northern Mariana Islands in the capital of the United States and used by the Resident Representative thereof in the discharge of his representative duties under the Covenant shall be exempt from assessment and taxation. ( Pub. L. 101219, title II,  208 Dec. 12, 1989 103 Stat. 1875  Editorial Notes  References in Text The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94241 section 1801 of this title Codification Section was formerly set out as a note under section 1681 of this title CHAPTER 18 MICRONESIA, MARSHALL ISLANDS, AND PALAU    SUBCHAPTER IMICRONESIA AND MARSHALL ISLANDS  Part AApproval and Implementation of Original Compact  Sec.  1901. Approval of Compact of Free Association.  1902. Agreements with Federated States of Micronesia.  1903. Agreements with and other provisions related to Marshall Islands.  1904. Interpretation of and United States policy regarding Compact of Free Association.  1905. Supplemental provisions.  1906. Construction contract assistance.  1907. Limitations.  1908. Transitional immigration rules.  1909. Timing.  1910. Implementation of audit agreements.  1911. Compensatory adjustments.  1912. Jurisdiction.  Part BApproval and Implementation of Compacts, As Amended  1921. Approval of U.S.-FSM Compact of Free Association and the U.S.-RMI Compact of Free Association; references to subsidiary agreements or separate agreements.  1921a. Agreements with Federated States of Micronesia.  1921b. Agreements with and other provisions related to the Republic of the Marshall Islands.  1921c. Interpretation of and United States policy regarding U.S.-FSM Compact and U.S.-RMI Compact.  1921d. Supplemental provisions.  1921e. Construction contract assistance.  1921f. Prohibition.  1921g. Compensatory adjustments.  1921h. Authorization and continuing appropriation.  SUBCHAPTER IIPALAU  Part AApproval of Compact and Supplemental Provisions  1931. Approval of Compact of Free Association.  1932. Extension of Compact of Free Association to Palau.  1933. Supplemental provisions.  1934. Jurisdiction.  Part BImplementation of Compact  1951. Entry into force of Compact.  1952. Fiscal procedures assistance.  1953. Antidrug program.  1954. Public auditor and special prosecutor.  1955. Audit certification.  1956. Acquisition of defense sites.  1957. Federal programs coordination personnel.  1958. Referendum costs.  1959. Agreements.  1960. Modification of energy assistance funding.  1961. Submission of agreements.  1962. Transition funding.  SUBCHAPTER IIIMISCELLANEOUS PROVISIONS  1971. Transfer of surplus personal property owned by United States.  1972. Controlled substances in freely associated states.  1973. Freely Associated State Air Carrier. SUBCHAPTER I MICRONESIA AND MARSHALL ISLANDS Part A Approval and Implementation of Original Compact  1901. Approval of Compact of Free Association (a) Federated States of Micronesia The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Federated States of Micronesia is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98192 of March 30, 1984 (b) Marshall Islands The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Marshall Islands is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98192 of March 30, 1984 (c) Reference to Compact Any reference in this joint resolution to the Compact shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution. (d) Amendment, change, or termination in Compact and certain agreements (1) Mutual agreement by the Government of the United States as provided in the Compact which results in amendment, change, or termination of all or any part thereof shall be effected only by Act of Congress and no unilateral action by the Government of the United States provided for in the Compact, and having such result, may be effected other than by Act of Congress. (2) The provisions of paragraph (1) shall apply (A) to all actions of the Government of the United States under the Compact including, but not limited to, actions taken pursuant to sections 431, 432, 441, or 442; (B) to any amendment, change, or termination in the Agreement between the Government of the United States and the Government of the Federated States of Micronesia Regarding Friendship, Cooperation and Mutual Security Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association referred to in section 462(j) of the Compact and the Agreement between the Government of the United States and the Government of the Marshall Islands Concerning Mutual Security Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association referred to in section 462(k) of the Compact; (C) to any amendment, change, or termination of the agreements concluded pursuant to Compact sections 175, 177, and 221(a)(5), the terms of which are incorporated by reference into the Compact; and (D) to the following subsidiary agreements, or portions thereof: (i) Article II of the agreement referred to in section 462(a) of the Compact; (ii) Article II of the agreement referred to in section 462(b) of the Compact; (iii) Article II and Section 7 of Article XI of the agreement referred to in section 462(e) of the Compact; (iv) the agreement referred to in section 462(f) of the Compact; (v) Articles III and IV of the agreement referred to in section 462(g) of the Compact; (vi) Articles III and IV of the agreement referred to in section 462(h) of the Compact; and (vii) Articles VI, XV, and XVII of the agreement referred to in section 462(i) of the Compact. (e) Subsidiary agreements deemed bilateral For purposes of implementation of the Compact and this joint resolution, each of the subsidiary agreements referred to in subsections (a) and (b) (whether or not bilateral in form) shall be deemed to be bilateral agreements between the United States and each other party to such subsidiary agreement. The consent or concurrence of any other party shall not be required for the effectiveness of any actions taken by the United States in conjunction with either the Federated States of Micronesia or the Marshall Islands which are intended to affect the implementation, modification, suspension, or termination of any such subsidiary agreement (or any provision thereof) as regards the mutual responsibilities of the United States and the party in conjunction with whom the actions are taken. (f) Effective date (1) The President shall not agree to an effective date for the Compact, as authorized by this section, until after certifying to Congress that the agreements described in section 1902 of this title section 1903 of this title (2) Any agreement concluded with the Federated States of Micronesia or the Marshall Islands pursuant to sections 1902 and 1903 of this title and any agreement which would amend, change, or terminate any subsidiary agreement or portion thereof as set forth in paragraph (4) of this subsection shall be submitted to the Congress. No such agreement shall take effect until after the expiration of 30 days after the date such agreement is so submitted (excluding days on which either House of Congress is not in session). (3) No agreement described in paragraph (2) shall take effect if a joint resolution of disapproval is enacted during the period specified in paragraph (2). For the purpose of expediting the consideration of such a joint resolution, a motion to proceed to the consideration of any such joint resolution after it has been reported by an appropriate committee shall be treated as highly privileged in the House of Representatives. Any such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of Public Law 94329 (4) The subsidiary agreements or portions thereof referred to in paragraph (2) are as follows: (A) Articles III and IV of the agreement referred to in section 462(b) of the Compact. (B) Articles III, IV, V, VI, VII, VIII, IX, X, and XI (except for Section 7 thereof) of the agreement referred to in section 462(e) of the Compact. (C) Articles IV, V, X, XIV, XVI, and XVIII of the agreement referred to in section 462(i) of the Compact. (D) Articles II, V, VI, VII, and VIII of the agreement referred to in section 462(g) of the Compact. (E) Articles II, V, VI, and VIII of the agreement referred to in section 462(h) of the Compact. (F) The Agreement set forth on pages 388 through 391 of House Document 98192 of March 30, 1984 (5) No agreement between the United States and the Government of either the Federated States of Micronesia or the Marshall Islands which would amend, change, or terminate any subsidiary agreement or portion thereof, other than those set forth in subsection (d) of this section or paragraph (4) of this subsection shall take effect until the President has transmitted such agreement to the President of the Senate and the Speaker of the House of Representatives together with an explanation of the agreement and the reasons therefore. ( Pub. L. 99239, title I,  101 Jan. 14, 1986 99 Stat. 1773  Editorial Notes  References in Text The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239 This joint resolution, referred to in subsecs. (a), (b), (c), and (e), is Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 For Oct. 21, 1986 Nov. 3, 1986 Nov. 3, 1986 section 1801 of this title Section 601(b) of Public Law 94329 section 601(b) of Pub. L. 94329 June 30, 1976 90 Stat. 765 Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries Short Title of 2012 Amendment Pub. L. 112149,  1 July 26, 2012 126 Stat. 1144 This Act [amending section 1921b of this title section 297 of Title 28 section 206 of Title 29 Short Title of 2003 Amendment Pub. L. 108188,  1(a) Dec. 17, 2003 117 Stat. 2721 This joint resolution [enacting part B of this subchapter and provisions set out as notes under section 1921 of this title section 3101 of Title 5 117 Stat. 2721 Short Title Pub. L. 99239,  1(a) Jan. 14, 1986 99 Stat. 1770 This joint resolution [enacting this part, chapter 19 ( 2001 et seq.) of this title, and provisions set out below], together with the Table of Contents in subsection (b) of this section [ 99 Stat. 1770 Application of Federal Programs Under the Compacts of Free Association Pub. L. 106504,  3(a) Nov. 13, 2000 114 Stat. 2312 The freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, respectively, and citizens thereof, shall remain eligible for all Federal programs, grant assistance, and services of the United States, to the extent that such programs, grant assistance, and services are provided to States and local governments of the United States and residents of such States, for which a freely associated State or its citizens were eligible on October 1, 1999 Public Law 99239 Regulations Regarding Habitual Residence Pub. L. 104208, div. C, title VI,  643 Sept. 30, 1996 110 Stat. 3009708 Sept. 30, 1996 Ratification of Certain Agreements Between United States and Governments of Republic of Marshall Islands and Federated States of Micronesia Pub. L. 10162 July 26, 1989 103 Stat. 162  That, pursuant to section 101(d) of Public Law 99239 48 U.S.C. 1901(d) (1) Agreement Between the Government of the United States and the Government of the Republic of the Marshall Islands to Amend the Governmental Representation Provisions of the Compact of Free Association Pursuant to section 432 of the Compact, signed on March 18, 1988 (2) Agreement Between the Government of the United States and the Government of the Federated States of Micronesia to Amend the Governmental Representation Provisions of the Compact of Free Association Pursuant to section 432 of the Compact, signed on March 9, 1988 Recital Clauses Pub. L. 99239  Whereas the United States, in accordance with the Trusteeship Agreement, the Charter of the United Nations and the objectives of the international trusteeship system, has promoted the development of the peoples of the Trust Territory toward self-government or independence as appropriate to the particular circumstances of the Trust Territory and its peoples and the freely expressed wishes of the peoples concerned; and Whereas the United States, in response to the desires of the peoples of the Federated States of Micronesia and the Marshall Islands expressed through their freely-elected representatives and by the official pronouncements and enactments of their lawfully constituted governments, and in consideration of its own obligations under the Trusteeship Agreement to promote self-determination, entered into political status negotiations with representatives of the peoples of the Federated States of Micronesia, and the Marshall Islands; and Whereas these negotiations resulted in the Compact of Free Association [set out below] which, together with its related agreements, was signed by the United States and by the Federated States of Micronesia and the Republic of the Marshall Islands on October 1, 1982 June 25, 1983 Whereas the Compact of Free Association was approved by majorities of the peoples of the Federated States of Micronesia and the Marshall Islands in United Nations-observed plebiscites conducted on June 21, 1983 September 7, 1983 Whereas the Compact of Free Association has been approved by the Governments of the Federated States of Micronesia and the Marshall Islands in accordance with their respective constitutional processes, thus completing fully for the Federated States of Micronesia and the Marshall Islands their domestic approval processes with respect to the Compact as contemplated in Compact Section 411. Compact of Free Association Pub. L. 99239, title II,  201 Jan. 14, 1986 99 Stat. 1800 Pub. L. 108108, title I Nov. 10, 2003 117 Stat. 1261  The Compact of Free Association is as follows: COMPACT OF FREE ASSOCIATION Preamble the government of the united states of america and the governments of the marshall islands and the federated states of micronesia Affirming that their Governments and their relationships as Governments are founded upon respect for human rights and fundamental freedoms for all, and that the peoples of the Trust Territory of the Pacific Islands have the right to enjoy self-government; and Affirming the common interests of the United States of America and the peoples of the Trust Territory of the Pacific Islands in creating close and mutually beneficial relationships through two free and voluntary associations of their respective Governments; and Affirming the interest of the Government of the United States in promoting the economic advancement and self-sufficiency of the peoples of the Trust Territory of the Pacific Islands; and Recognizing that their previous relationship has been based upon the International Trusteeship System of the United Nations Charter, and in particular Article 76 of the Charter; and that pursuant to Article 76 of the Charter, the peoples of the Trust Territory have progressively developed their institutions of self-government, and that in the exercise of their sovereign right to self-determination they have, through their freely-expressed wishes, adopted Constitutions appropriate to their particular circumstances; and Recognizing their common desire to terminate the Trusteeship and establish two new government-to-government relationships each of which is in accordance with a new political status based on the freely-expressed wishes of peoples of the Trust Territory of the Pacific Islands and appropriate to their particular circumstances; and Recognizing that the peoples of the Trust Territory of the Pacific Islands have and retain their sovereignty and their sovereign right to self-determination and the inherent right to adopt and amend their own Constitutions and forms of government and that the approval of the entry of their respective Governments into this Compact of Free Association by the peoples of the Trust Territory of the Pacific Islands constitutes an exercise of their sovereign right to self-determination; NOW, THEREFORE, AGREE to enter into relationships of free association which provide a full measure of self-government for the peoples of the Marshall Islands and the Federated States of Micronesia; and FURTHER AGREE that the relationships of free association derive from and are as set forth in this Compact; and that, during such relationships of free association, the respective rights and responsibilities of the Government of the United States and the Governments of the freely associated states of the Marshall Islands and the Federated States of Micronesia in regard to these relationships of free association derive from and are as set forth in this Compact. TITLE ONE GOVERNMENTAL RELATIONS Article I Self-Government Section 111 The peoples of the Marshall Islands and the Federated States of Micronesia, acting through the Governments established under their respective Constitutions, are self-governing. Article II Foreign Affairs Section 121 (a) The Governments of the Marshall Islands and the Federated States of Micronesia have the capacity to conduct foreign affairs and shall do so in their own name and right, except as otherwise provided in this Compact. (b) The foreign affairs capacity of the Governments of the Marshall Islands and the Federated States of Micronesia includes: (1) the conduct of foreign affairs relating to law of the sea and marine resources matters, including the harvesting, conservation, exploration or exploitation of living and non-living resources from the sea, seabed or subsoil to the full extent recognized under international law; (2) the conduct of their commercial, diplomatic, consular, economic, trade, banking, postal, civil aviation, communications, and cultural relations, including negotiations for the receipt of developmental loans and grants and the conclusion of arrangements with other governments and international and intergovernmental organizations, including any matters specially benefiting their individual citizens. (c) The Government of the United States recognizes that the Governments of the Marshall Islands and the Federated States of Micronesia have the capacity to enter into, in their own name and right, treaties and other international agreements with governments and regional and international organizations. (d) In the conduct of their foreign affairs, the Governments of the Marshall Islands and the Federated States of Micronesia confirm that they shall act in accordance with principles of international law and shall settle their international disputes by peaceful means. Section 122 The Government of the United States shall support applications by the Governments of the Marshall Islands and the Federated States of Micronesia for membership or other participation in regional or international organizations as may be mutually agreed. The Government of the United States agrees to accept for training and instruction at the Foreign Service Institute [now George P. Shultz National Foreign Affairs Training Center], established under 22 U.S.C. 4021 Section 123 (a) In recognition of the authority and responsibility of the Government of the United States under Title Three, the Governments of the Marshall Islands and the Federated States of Micronesia shall consult, in the conduct of their foreign affairs, with the Government of the United States. (b) In recognition of the respective foreign affairs capacities of the Governments of the Marshall Islands and the Federated States of Micronesia, the Government of the United States, in the conduct of its foreign affairs, shall consult with the Government of the Marshall Islands or the Federated States of Micronesia on matters which the Government of the United States regards as relating to or affecting any such Government. Section 124 The Government of the United States may assist or act on behalf of the Government of the Marshall Islands or the Federated States of Micronesia in the area of foreign affairs as may be requested and mutually agreed from time to time. The Government of the United States shall not be responsible to third parties for the actions of the Government of the Marshall Islands or the Federated States of Micronesia undertaken with the assistance or through the agency of the Government of the United States pursuant to this Section unless expressly agreed. Section 125 The Government of the United States shall not be responsible for nor obligated by any actions taken by the Government of the Marshall Islands or the Federated States of Micronesia in the area of foreign affairs, except as may from time to time be expressly agreed. Section 126 At the request of the Government of the Marshall Islands or the Federated States of Micronesia and subject to the consent of the receiving state, the Government of the United States shall extend consular assistance on the same basis as for citizens of the United States to citizens of the Marshall Islands and the Federated States of Micronesia for travel outside the Marshall Islands and the Federated States of Micronesia, the United States and its territories and possessions. Section 127 Except as otherwise provided in this Compact or its related agreements, all obligations, responsibilities, rights and benefits of the Government of the United States as Administering Authority which have resulted from the application pursuant to the Trusteeship Agreement of any treaty or other international agreement to the Trust Territory of the Pacific Islands on the day preceding the effective date of this Compact are no longer assumed and enjoyed by the Government of the United States. Article III Communications Section 131 (a) The Governments of the Marshall Islands and the Federated States of Micronesia have full authority and responsibility to regulate their respective domestic and foreign communications, and the Government of the United States shall provide communications assistance in accordance with the terms of a separate agreement which shall come into effect simultaneously with this Compact, and such agreement shall remain in effect until such time as any election is made pursuant to Section 131(b) and which shall provide for the following: (1) the Government of the United States remains the sole administration entitled to make notification to the International Frequency Registration Board of the International Telecommunications Union of frequency assignments to radio communications stations respectively in the Marshall Islands and the Federated States of Micronesia; and to submit to the International Frequency Registration Board seasonal schedules for the broadcasting stations respectively in the Marshall Islands and the Federated States of Micronesia in the bands allocated exclusively to the broadcasting service between 5,950 and 26,100 kHz and in any other additional frequency bands that may be allocated to use by high frequency broadcasting stations; and (2) the United States Federal Communications Commission has jurisdiction, pursuant to the Communications Act of 1934, 47 U.S.C. 151 47 U.S.C. 721 (b) The Government of the Marshall Islands or the Federated States of Micronesia may elect at any time to undertake the functions enumerated in Section 131(a) and previously performed by the Government of the United States. Upon such election, the Government of the United States shall so notify the International Frequency Registration Board and shall take such other actions as may be necessary to transfer to the electing Government the notification authority referred to in Section 131(a) and all rights deriving from the previous exercise of any such notification authority by the Government of the United States. Section 132 The Governments of the Marshall Islands and the Federated States of Micronesia shall permit the Government of the United States to operate telecommunications services in the Marshall Islands and the Federated States of Micronesia to the extent necessary to fulfill the obligations of the Government of the United States under this Compact in accordance with the terms of separate agreements which shall come into effect simultaneously with this Compact. Article IV Immigration Section 141 (a) Any person in the following categories may enter into, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (14), (20), and (26) of section 212(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(a) (1) a person who, on the day preceding the effective date of this Compact, is a citizen of the Trust Territory of the Pacific Islands, as defined in Title 53 of the Trust Territory Code in force on January 1, 1979 (2) a person who acquires the citizenship of the Marshall Islands or the Federated States of Micronesia at birth, on or after the effective date of the respective Constitution; (3) a naturalized citizen of the Marshall Islands or the Federated States of Micronesia who has been an actual resident there for not less than five years after attaining such naturalization and who holds a certificate of actual residence; or (4) a person entitled to citizenship in the Marshall Islands by lineal descent whose name is included in a list to be furnished by the Government of the Marshall Islands to the United States Immigration and Naturalization Service and any descendants of such persons, provided that such person holds a certificate of lineal descent issued by the Government of the Marshall Islands. Such persons shall be considered to have the permission of the Attorney General of the United States to accept employment in the United States. (b) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to nondiscriminatory limitations provided for: (1) in statutes or regulations of the United States; or (2) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. (c) Section 141(a) does not confer on a citizen of the Marshall Islands or the Federated States of Micronesia the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, or to petition for benefits for alien relatives under that Act. Section 141(a), however, shall not prevent a citizen of the Marshall Islands or the Federated States of Micronesia from otherwise acquiring such rights or lawful permanent resident alien status in the United States. Section 142 (a) Any citizen or national of the United States may enter into, lawfully engage in occupations, and reside in the Marshall Islands or the Federated States of Micronesia, subject to the rights of those Governments to deny entry to or deport any such citizen or national as an undesirable alien. A citizen or national of the United States may establish habitual residence or domicile in the Marshall Islands or the Federated States of Micronesia only in accordance with the laws of the jurisdiction in which habitual residence or domicile is sought. (b) With respect to the subject matter of this Section, the Government of the Marshall Islands or the Federated States of Micronesia shall accord to citizens and nationals of the United States treatment no less favorable than that accorded to citizens of other countries; any denial of entry to or deportation of a citizen or national of the United States as an undesirable alien must be pursuant to reasonable statutory grounds. Section 143 (a) The privileges set forth in Sections 141 and 142 shall not apply to any person who takes an affirmative step to preserve or acquire a citizenship or nationality other than that of the Marshall Islands, the Federated States of Micronesia or the United States. (b) Every person having the privileges set forth in Sections 141 and 142 who possesses a citizenship or nationality other than that of the Marshall Islands, the Federated States of Micronesia or the United States ceases to have these privileges two years after the effective date of this Compact, or within six months after becoming 21 years of age, whichever comes later, unless such person executes an oath of renunciation of that other citizenship or nationality. Section 144 (a) A citizen or national of the United States who, after notification to the Government of the United States of an intention to employ such person by the Government of the Marshall Islands or the Federated States of Micronesia, commences employment with such Government shall not be deprived of his United States nationality pursuant to Section 349(a)(2) and (a)(4) of the Immigration and Nationality Act, 8 U.S.C. 1481(a)(2) (b) Upon such notification by the Government of the Marshall Islands or the Federated States of Micronesia, the Government of the United States may consult with or provide information to the notifying Government concerning the prospective employee, subject to the provisions of the Privacy Act, 5 U.S.C. 552a (c) The requirement of prior notification shall not apply to those citizens or nationals of the United States who are employed by the Government of the Marshall Islands or the Federated States of Micronesia on the effective date of this Compact with respect to the positions held by them at that time. Article V Representation Section 151 The Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia may establish and maintain representative offices in the capital of the other for the purpose of maintaining close and regular consultations on matters arising in the course of the relationship of free association and conducting other government business. The Governments may establish and maintain additional offices on terms and in locations as may be mutually agreed. Section 152 (a) The premises of such representative offices, and their archives wherever located, shall be inviolable. The property and assets of such representative offices shall be immune from search, requisition, attachment and any form of seizure unless such immunity is expressly waived. Official communications in transit shall be inviolable and accorded the freedom and protections accorded by recognized principles of international law to official communications of a diplomatic mission. (b) Persons designated by the sending Government may serve in the capacity of its resident representatives with the consent of the receiving Government. Such designated persons shall be immune from civil and criminal process relating to words spoken or written and all acts performed by them in their official capacity and falling within their functions as such representatives, except insofar as such immunity may be expressly waived by the sending Government. While serving in a resident representative capacity, such designated persons shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by a competent judicial authority, and such persons shall enjoy immunity from seizure of personal property, immigration restrictions, and laws relating to alien registration, fingerprinting, and the registration of foreign agents. (c) The sending Governments and their respective assets, income and other property shall be exempt from all direct taxes, except those direct taxes representing payment for specific goods and services, and shall be exempt from all customs duties and restrictions on the import or export of articles required for the official functions and personal use of their representatives and representative offices. (d) Persons designated by the sending Government to serve in the capacity of its resident representatives shall enjoy the same taxation exemptions as are set forth in Article 34 of the Vienna Convention on Diplomatic Relations. (e) The privileges, exemptions and immunities accorded under this Section are not for the personal benefit of the individuals concerned but are to safeguard the independent exercise of their official functions. Without prejudice to those privileges, exemptions and immunities, it is the duty of all such persons to respect the laws and regulations of the Government to which they are assigned. Section 153 (a) Any citizen or national of the United States who, after consultation between the designating Government and the Government of the United States, is designated by the Government of the Marshall Islands or the Federated States of Micronesia as its agent, shall enjoy exemption from the requirements of the laws of the United States relating to the registration of foreign agents. The Government of the United States shall promptly comply with a request for consultation made by the prospective designating Government. During the course of the consultation, the Government of the United States may, in its discretion, and subject to the provisions of the Privacy Act, 5 U.S.C. 552a (b) Any citizen or national of the United States may be employed by the Government of the Marshall Islands or the Federated States of Micronesia to represent to foreign governments, officers or agents thereof the positions of the Government of the Marshall Islands or the Federated States of Micronesia, without regard to the provisions of 18 U.S.C. 953 Article VI Environmental Protection Section 161 The Governments of the United States, the Marshall Islands and the Federated States of Micronesia declare that it is their policy to promote efforts to prevent or eliminate damage to the environment and biosphere and to enrich understanding of the natural resources of the Marshall Islands and the Federated States of Micronesia. In order to carry out this policy, the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia agree to the following mutual and reciprocal undertakings. (a) The Government of the United States: (1) shall continue to apply the environmental controls in effect on the day preceding the effective date of this Compact to those of its continuing activities subject to Section 161(a)(2), unless and until those controls are modified under Sections 161(a)(3) and 161(a)(4); (2) shall apply the National Environmental Policy Act of 1969, 83 Stat. 852 42 U.S.C. 4321 (3) shall comply also, in the conduct of any activity requiring the preparation of an Environmental Impact Statement under Section 161(a)(2), with standards substantively similar to those required by the following laws of the United States, taking into account the particular environments of the Marshall Islands and the Federated States of Micronesia: the Endangered Species Act of 1973, 87 Stat. 884 16 U.S.C. 1531 77 Stat. 392 86 Stat. 896 33 U.S.C. 1251 86 Stat. 1053 33 U.S.C. 1411 90 Stat. 2003 15 U.S.C. 2601 90 Stat. 2796 42 U.S.C. 6901 (4) shall develop, prior to conducting any activity requiring the preparation of an Environmental Impact Statement under Section 161(a)(2), appropriate mechanisms, including regulations or other judicially reviewable standards and procedures, to regulate its activities governed by Section 161(a)(3) in the Marshall Islands and the Federated States of Micronesia in a manner appropriate to the special governmental relationship set forth in this Compact. The agencies of the Government of the United States designated by law to administer the laws set forth in Section 161(a)(3) shall participate as appropriate in the development of any regulation, standard or procedure under this Section, and the Government of the United States shall provide the affected Government of the Marshall Islands or the Federated States of Micronesia with the opportunity to comment during such development. (b) The Governments of the Marshall Islands and the Federated States of Micronesia shall develop standards and procedures to protect their environments. As a reciprocal obligation to the undertakings of the Government of the United States under this Article, the Governments of the Marshall Islands and the Federated States of Micronesia, taking into account their particular environments, shall develop standards for environmental protection substantively similar to those required of the Government of the United States by Section 161(a)(3) prior to their conducting activities in the Marshall Islands and the Federated States of Micronesia, respectively, substantively equivalent to activities conducted there by the Government of the United States and, as a further reciprocal obligation, shall enforce those standards. (c) Section 161(a), including any standard or procedure applicable thereunder, and Section 161(b) may be modified or superseded in whole or in part by agreement of the Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia. (d) In the event that an Environmental Impact Statement is no longer required under the laws of the United States for major federal actions significantly affecting the quality of the human environment, the regulatory regime established under Sections 161(a)(3) and 161(a)(4) shall continue to apply to such activities of the Government of the United States until amended by mutual agreement. (e) The President of the United States may exempt any of the activities of the Government of the United States under this Compact and its related agreements from any environmental standard or procedure which may be applicable under Sections 161(a)(3) and 161(a)(4) if the President determines it to be in the paramount interest of the Government of the United States to do so, consistent with Title Three of this Compact and the obligations of the Government of the United States under international law. Prior to any decision pursuant to this subsection, the views of the affected Government of the Marshall Islands or the Federated States of Micronesia shall be sought and considered to the extent practicable. If the President grants such an exemption, to the extent practicable, a report with his reasons for granting such exemption shall be given promptly to the affected Government. (f) The laws of the United States referred to in Section 161(a)(3) shall apply to the activities of the Government of the United States under this Compact and its related agreements only to the extent provided for in this Section. Section 162 The Government of the Marshall Islands or the Federated States of Micronesia may bring an action for judicial review of any administrative agency action or any activity of the Government of the United States pursuant to Sections 161(a), 161(d) or 161(e) or for enforcement of the obligations of the Government of the United States arising thereunder. The United States District Court for the District of Hawaii and the United States District Court for the District of Columbia shall have jurisdiction over such action or activity, and over actions brought under Section 172(b) which relate to the activities of the Government of the United States and its officers and employees, governed by Section 161, provided that: (a) Such actions may only be civil actions for any appropriate civil relief other than punitive damages against the Government of the United States or, where required by law, its officers in their official capacity; no criminal actions may arise under this Section. (b) Actions brought pursuant to this Section may be initiated only by the Government concerned. (c) Administrative agency actions arising under Section 161 shall be reviewed pursuant to the standard of judicial review set forth in 5 U.S.C. 706 (d) The District Court shall have jurisdiction to issue all necessary processes, and the Government of the United States agrees to submit itself to the jurisdiction of the court; decisions of the District Court shall be reviewable in the United States Court of Appeals for the Ninth Circuit or the United States Court of Appeals for the District of Columbia, respectively, or in the United States Supreme Court as provided by the laws of the United States. (e) The judicial remedy provided for in this Section shall be the exclusive remedy for the judicial review or enforcement of the obligations of the Government of the United States under this Article and actions brought under Section 172(b) which relate to the activities of the Government of the United States and its officers and employees governed by Section 161. (f) In actions pursuant to this Section, the Governments of the Marshall Islands and the Federated States of Micronesia shall be treated as if they were United States citizens. Section 163 (a) For the purpose of gathering data necessary to study the environmental effects of activities of the Government of the United States subject to the requirements of this Article, the Governments of the Marshall Islands and the Federated States of Micronesia shall be granted access to facilities operated by the Government of the United States in the Marshall Islands and the Federated States of Micronesia, to the extent necessary for this purpose, except to the extent such access would unreasonably interfere with the exercise of the authority and responsibility of the Government of the United States under Title Three. (b) The Government of the United States, in turn, shall be granted access to the Marshall Islands or the Federated States of Micronesia for the purpose of gathering data necessary to discharge its obligations under this Article, except to the extent such access would unreasonably interfere with the exercise of the authority and responsibility of the Government of the Marshall Islands or the Federated States of Micronesia under Title One, and to the extent necessary for this purpose shall be granted access to documents and other information to the same extent similar access is provided those Governments under the Freedom of Information Act, 5 U.S.C. 552 (c) The Governments of the Marshall Islands and the Federated States of Micronesia shall not impede efforts by the Government of the United States to comply with applicable standards and procedures. Article VII General Legal Provisions Section 171 Except as provided in this Compact or its related agreements, the application of the laws of the United States to the Trust Territory of the Pacific Islands by virtue of the Trusteeship Agreement ceases with respect to the Marshall Islands and the Federated States of Micronesia as of the effective date of this Compact. Section 172 (a) Every citizen of the Marshall Islands or the Federated States of Micronesia who is not a resident of the United States shall enjoy the rights and remedies under the laws of the United States enjoyed by any non-resident alien. (b) The Governments of the Marshall Islands and the Federated States of Micronesia and every citizen of the Marshall Islands or the Federated States of Micronesia shall be considered a person within the meaning of the Freedom of Information Act, 5 U.S.C. 552 5 U.S.C. 701706 Section 173 The Governments of the United States, the Marshall Islands and the Federated States of Micronesia agree to adopt and enforce such measures, consistent with this Compact and its related agreements, as may be necessary to protect the personnel, property, installations, services, programs and official archives and documents maintained by the Government of the United States in the Marshall Islands and the Federated States of Micronesia pursuant to this Compact and its related agreements and by those Governments in the United States pursuant to this Compact and its related agreements. Section 174 Except as otherwise provided in this Compact and its related agreements: (a) The Governments of the Marshall Islands and the Federated States of Micronesia shall be immune from the jurisdiction of the courts of the United States, and the Government of the United States shall be immune from the jurisdiction of the courts of the Marshall Islands and the Federated States of Micronesia. (b) The Government of the United States accepts responsibility for and shall pay: (1) any unpaid money judgment rendered by the High Court of the Trust Territory of the Pacific Islands against the Government of the Trust Territory of the Pacific Islands or the Government of the United States with regard to any cause of action arising as a result of acts or omissions of the Government of the Trust Territory of the Pacific Islands or the Government of the United States prior to the effective date of this Compact; (2) any claim settled by the claimant and the Government of the Trust Territory of the Pacific Islands but not paid as of the effective date of this Compact; and (3) settlement of any administrative claim or of any action before a court of the Trust Territory of the Pacific Islands, pending as of the effective date of this Compact, against the Government of the Trust Territory of the Pacific Islands or the Government of the United States, arising as a result of acts or omissions of the Government of the Trust Territory of the Pacific Islands or the Government of the United States. (c) Any claim not referred to in Section 174(b) and arising from an act or omission of the Government of the Trust Territory of the Pacific Islands or the Government of the United States prior to the effective date of this Compact shall be adjudicated in the same manner as a claim adjudicated according to Section 174(d). In any claim against the Government of the Trust Territory of the Pacific Islands, the Government of the United States shall stand in the place of the Government of the Trust Territory of the Pacific Islands. A judgment on any claim referred to in Section 174(b) or this subsection, not otherwise satisfied by the Government of the United States, may be presented for certification to the United States Court of Appeals for the Federal Circuit, or its successor court, which shall have jurisdiction therefor, notwithstanding the provisions of 28 U.S.C. 1502 (d) The Governments of the Marshall Islands and the Federated States of Micronesia shall not be immune from the jurisdiction of the courts of the United States, and the Government of the United States shall not be immune from the jurisdiction of the courts of the Marshall Islands and the Federated States of Micronesia in any case in which the action is based on a commercial activity of the defendant Government where the action is brought, or in a case in which damages are sought for personal injury or death or damage to or loss of property occurring where the action is brought. Section 175 A separate agreement, which shall come into effect simultaneously with this Compact, shall be concluded between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia regarding mutual assistance and cooperation in law enforcement matters including the pursuit, capture, imprisonment and extradition of fugitives from justice and the transfer of prisoners. The separate agreement shall have the force of law. In the United States, the laws of the United States governing international extradition, including 18 U.S.C. 3184 18 U.S.C. 4100411 Section 176 The Governments of the Marshall Islands and the Federated States of Micronesia confirm that final judgments in civil cases rendered by any court of the Trust Territory of the Pacific Islands shall continue in full force and effect, subject to the constitutional power of the courts of the Marshall Islands and the Federated States of Micronesia to grant relief from judgments in appropriate cases. Section 177 (a) The Government of the United States accepts the responsibility for compensation owing to citizens of the Marshall Islands, or the Federated States of Micronesia (or Palau) for loss or damage to property and person of the citizens of the Marshall Islands, or the Federated States of Micronesia, resulting from the nuclear testing program which the Government of the United States conducted in the Northern Marshall Islands between June 30, 1946 August 18, 1958 (b) The Government of the United States and the Government of the Marshall Islands shall set forth in a separate agreement provisions for the just and adequate settlement of all such claims which have arisen in regard to the Marshall Islands and its citizens and which have not as yet been compensated or which in the future may arise, for the continued administration by the Government of the United States of direct radiation related medical surveillance and treatment programs and radiological monitoring activities and for such additional programs and activities as may be mutually agreed, and for the assumption by the Government of the Marshall Islands of responsibility for enforcement of limitations on the utilization of affected areas developed in cooperation with the Government of the United States and for the assistance by the Government of the United States in the exercise of such responsibility as may be mutually agreed. This separate agreement shall come into effect simultaneously with this Compact and shall remain in effect in accordance with its own terms. (c) The Government of the United States shall provide to the Government of the Marshall Islands, on a grant basis, the amount of $150 million to be paid and distributed in accordance with the separate agreement referred to in this Section, and shall provide the services and programs set forth in this separate agreement, the language of which is incorporated into this Compact. Section 178 (a) The federal agencies of the Government of the United States which provide the services and related programs in the Marshall Islands or the Federated States of Micronesia pursuant to Articles II and III of Title Two are authorized to settle and pay tort claims arising in the Marshall Islands or the Federated States of Micronesia from the activities of such agencies or from the acts or omissions of the employees of such agencies. Except as provided in Section 178(b), the provisions of 28 U.S.C. 2672 31 U.S.C. 1304 (b) Claims under Section 178(a) which cannot be settled under Section 178(a) shall be disposed of exclusively in accordance with Article II of Title Four. Arbitration awards rendered pursuant to this subsection shall be paid out of funds under 31 U.S.C. 1304 (c) The Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia shall, in the separate agreements referred to in Section 232, provide for: (1) the administrative settlement of claims referred to in Section 178(a), including designation of local agents in the Marshall Islands and each State of the Federated States of Micronesia; such agents to be empowered to accept, investigate and settle such claims, in a timely manner, as provided in such separate agreements; and (2) arbitration, referred to in Section 178(b), in a timely manner, at a site convenient to the claimant, in the event a claim is not otherwise settled pursuant to Section 178(a). (d) The provisions of Section 174(d) shall not apply to claims covered by this Section. TITLE TWO ECONOMIC RELATIONS Article I Grant Assistance Section 211 (a) In order to assist the Governments of the Marshall Islands and the Federated States of Micronesia in their efforts to advance the economic self-sufficiency of their peoples and in recognition of the special relationship that exists between them and the United States, the Government of the United States shall provide on a grant basis the following amounts: (1) to the Government of the Marshall Islands, $26.1 million annually for five years commencing on the effective date of this Compact, $22.1 million annually for five years commencing on the fifth anniversary of the effective date of this Compact, and $19.1 million annually for five years commencing on the tenth anniversary of this Compact. Over this fifteen-year period, the Government of the Marshall Islands shall dedicate an average of no less than 40 percent of these amounts to the capital account subject to provision for revision of this percentage incorporated into the plan referred to in Section 211(b); and (2) to the Government of the Federated States of Micronesia, $60 million annually for five years commencing on the effective date of this Compact, $51 million annually for five years commencing on the fifth anniversary of the effective date of this Compact, and $40 million annually for five years commencing on the tenth anniversary of the effective date of this Compact. Over this fifteen year period, the Government of the Federated States of Micronesia shall dedicate an average of no less than 40 percent of these amounts annually to the capital account subject to provision for revision of this percentage incorporated into the plan referred to in Section 211(b). To take into account the special nature of the assistance, to be provided under this paragraph and Sections 212(b), 213(c), 214(c), 215(a)(3), 215(b)(3), 216(a), 216(b), 221(a), and 221(b), the division of these amounts among the national and state governments of the Federated States of Micronesia shall be certified to the Government of the United States by the Government of the Federated States of Micronesia. (b) The annual expenditure of the grant amounts specified for the capital account in Section 211(a) by the Governments of the Marshall Islands and the Federated States of Micronesia shall be in accordance with official overall economic development plans provided by those Governments and concurred in by the Government of the United States prior to the effective date of this Compact. These plans may be amended from time to time by the Government of the Marshall Islands or the Federated States of Micronesia. (c) The Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia recognize that the achievement of the goals of the plans referred to in Section 211(b) depends upon the availability of adequate internal revenue as well as economic assistance from sources outside of the Marshall Islands and the Federated States of Micronesia, including the Government of the United States, and may, in addition, be affected by the impact of exceptional economically adverse circumstances. Each of the Governments of the Marshall Islands and the Federated States of Micronesia shall therefore report annually to the President of the United States and to the Congress of the United States on the implementation of the plans and on their use of the funds specified in this Article. These reports shall outline the achievements of the plans to date and the need, if any, for an additional authorization and appropriation of economic assistance for that year to account for any exceptional, economically adverse circumstances. It is understood that the Government of the United States cannot be committed by this Section to seek or support such additional economic assistance. Section 212 In recognition of the special development needs of the Federated States of Micronesia, the Government of the United States shall provide to the Government of the Federated States of Micronesia $1 million annually for fourteen years commencing on the first anniversary of the effective date of this Compact. This amount may be used by the Government of the Federated States of Micronesia to defray current account expenditures attendant to the operation of the United States military Civic Action Teams made available in accordance with the separate agreement referred to in Section 227. Section 213 (a) The Government of the United States shall provide on a grant basis $1.9 million annually to the Government of the Marshall Islands in conjunction with Section 321(a). The Government of the Marshall Islands, in its use of such funds, shall take into account the impact of the activities of the Government of the United States in the Kwajalein Atoll area of the Marshall Islands. (b) The Government of the United States shall provide on a grant basis to the Government of the Federated States of Micronesia the sum of $160,000 in conjunction with Section 321(a). This sum shall be made available concurrently with the grant assistance provided pursuant to this Article during the first year after the effective date of this Compact. The Government of the Federated States of Micronesia, in its use of such funds, shall take into account the impact of the activities of the Government of the United States in Yap State, Federated States of Micronesia. Section 214 As a contribution to efforts aimed at achieving increased self-sufficiency in energy production, the Government of the United States shall provide on a current account grant basis for fourteen years commencing on the first anniversary of the effective date of this Compact the following amounts: (a) To the Government of the Marshall Islands, $2 million annually. (b) To the Government of the Federated States of Micronesia, $3 million annually. Section 215 (a) As a contribution to the current account operations and maintenance of communications systems, the Government of the United States shall provide on a grant basis for fifteen years commencing on the effective date of this Compact the following amounts: (1) to the Government of the Marshall Islands, $300,000 annually; and (2) to the Government of the Federated States of Micronesia, $600,000 annually. (b) For the purpose of acquiring such communications hardware as may be located within the Marshall Islands and the Federated States of Micronesia or for such other current or capital account activity as may be selected, the Government of the United States shall provide, concurrently with the grant assistance provided pursuant to this Article during the first year after the effective date of this Compact, the sum of $9 million to be allocated as follows: (1) to the Government of the Marshall Islands, $3 million; and (2) to the Government of the Federated States of Micronesia, $6 million. Section 216 (a) The Government of the United States shall provide on a current account basis an annual grant of $5.369 million for fifteen years commencing on the effective date of this Compact for the purposes set forth below: (1) $890,000 annually for the surveillance and enforcement by the Governments of the Marshall Islands and the Federated States of Micronesia of their respective maritime zones; (2) $1.791 million annually for health and medical programs, including referrals to hospital and treatment centers; and (3) $2.687 million annually for a scholarship fund or funds to support the post-secondary education of citizens of the Marshall Islands and the Federated States of Micronesia attending United States accredited, post-secondary institutions in the United States, its territories and possessions, the Marshall Islands or the Federated States of Micronesia. The curricula criteria for the award of scholarships shall be designed to advance the purposes of the plans referred to in Section 211(b). (b) The Government of the United States shall provide the sum of $1.333 million as a contribution to the commencement of activities pursuant to Section 216(a)(1). (c) The annual grants referred to in Section 216(a) and the sum referred to in Section 216(b) shall be made available by the Government of the United States promptly after it receives instruction for their distribution agreed upon by the Governments of the Marshall Islands and the Federated States of Micronesia. Section 217 Except as otherwise provided, the amounts stated in Sections 211, 212, 214, 215 and 231 shall be adjusted for each Fiscal Year by the percent which equals two-thirds of the percentage change in the United States Gross National Product Implicit Price Deflator, or seven percent, whichever is less in any one year, using the beginning of Fiscal Year 1981 as the base. Section 218 If in any year the funds made available by the Government of the United States for that year pursuant to this Article or Section 231 are not completely obligated by the recipient Government, the unobligated balances shall remain available in addition to the funds to be provided in subsequent years. Section 219 All funds previously appropriated to the Trust Territory of the Pacific Islands which are unobligated by the Government of the Trust Territory of the Pacific Islands as of the effective date of this Compact shall accrue to the Governments of the Marshall Islands and the Federated States of Micronesia for the purposes for which such funds were originally appropriated as determined by the Government of the United States. Article II Program Assistance Section 221 (a) The Government of the United States shall make available to the Marshall Islands and the Federated States of Micronesia, in accordance with and to the extent provided in the separate agreements referred to in section 232, without compensation and at the levels equivalent to those available to the Trust Territory of the Pacific Islands during the year prior to the effective date of this Compact, the services and related programs: (1) of the United States Weather Service; (2) of the United States Federal Emergency Management Agency; (3) provided pursuant to the Postal Reorganization Act, 39 U.S.C. 101 (4) of the United States Federal Aviation Administration; and (5) of the United States Civil Aeronautics Board or its successor agencies which has the authority to implement the provisions of paragraph 5 of Article IX of such separate agreements, the language of which is incorporated into this Compact. (b) The Government of the United States, recognizing the special needs of the Marshall Islands and the Federated States of Micronesia particularly in the fields of education and health care, shall make available, as provided by the laws of the United States, the annual amount of $10 million which shall be allocated in accordance with the provisions of the separate agreement referred to in Section 232. (c) The Government of the United States shall make available to the Marshall Islands and the Federated States of Micronesia such alternate energy development projects, studies and conservation measures as are applicable to the Trust Territory of the Pacific Islands on the day preceding the effective date of this Compact, for the purposes and duration provided in the laws of the United States. (d) The Government of the United States shall have and exercise such authority as is necessary for the purposes of this Article and as is set forth in the separate agreements referred to in Section 232, which shall also set forth the extent to which services and programs shall be provided to the Marshall Islands and the Federated States of Micronesia. Section 222 The Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia shall consult regularly or upon request regarding: (a) The economic development of the Marshall Islands or the Federated States of Micronesia; or (b) The services and programs referred to in this Article. These services and programs shall continue to be provided by the Government of the United States unless their modification is provided by mutual agreement or their termination in whole or in part is requested by any recipient Government. Section 223 The citizens of the Marshall Islands and the Federated States of Micronesia who are receiving post-secondary educational assistance from the Government of the United States on the day preceding the effective date of this Compact shall continue to be eligible, if otherwise qualified, to receive such assistance to complete their academic programs for a maximum of four years after the effective date of this Compact. Section 224 The Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia may agree from time to time to the extension of additional United States grant assistance, services and programs as provided by the Laws of the United States, to the Marshall Islands or the Federated States of Micronesia, respectively. Section 225 The Governments of the Marshall Islands and the Federated States of Micronesia shall make available to the Government of the United States at no cost such land as may be necessary for the operations of the services and programs provided pursuant to this Article, and such facilities as are provided by the Government of the Marshall Islands or the Federated States of Micronesia at no cost to the Government of the United States as of the effective date of this Compact or as may be mutually agreed thereafter. Section 226 The Governments of the Marshall Islands and the Federated States of Micronesia may request, from time to time, technical assistance from the federal agencies and institutions of the Government of the United States, which are authorized to grant such technical assistance in accordance with its laws and which shall grant such technical assistance in a manner which gives priority consideration to the Marshall Islands and the Federated States of Micronesia over other recipients not a part of the United States, its territories or possessions. The Government of the United States shall coordinate the provision of such technical assistance in consultation with the respective recipient Government. Section 227 In recognition of the special development needs of the Federated States of Micronesia, the Government of the United States shall make available United States military Civic Action Teams for use in the Federated States of Micronesia under terms and conditions specified in a separate agreement which shall come into effect simultaneously with this Compact. Article III Administrative Provisions Section 231 Upon the thirteenth anniversary of the effective date of this Compact, the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia shall commence negotiations regarding those provisions of this Compact which expire on the fifteenth anniversary of its effective date. The period for the enactment of legislation approving the agreements resulting from such negotiations shall extend through the earlier of the date of the enactment of such legislation or September 30, 2004 Pub. L. 108108, title I Nov. 10, 2003 117 Stat. 1261 Section 232 The specific nature, extent and contractual arrangements of the services and programs provided for in Section 221 as well as the legal status of agencies of the Government of the United States, their civilian employees and contractors, and the dependents of such personnel while present in the Marshall Islands or the Federated States of Micronesia, and other arrangements in connection with a service or program furnished by the Government of the United States, are set forth in separate agreements which shall come into effect simultaneously with this Compact. Section 233 The Government of the United States, in consultation with the Governments of the Marshall Islands and the Federated States of Micronesia, shall determine and implement procedures for the periodic audit of all grants and other assistance made under Article I of this Title and of all funds expended for the services and programs provided under Article II of this Title. Such audits shall be conducted on an annual basis during the first five years following the effective date of this Compact and shall be at no cost to the Government of the Marshall Islands or the Federated States of Micronesia. Section 234 Title to the property of the Government of the United States situated in the Trust Territory of the Pacific Islands or acquired for or used by the Government of the Trust Territory of the Pacific Islands on or before the day preceding the effective date of this Compact shall, without reimbursement or transfer of funds, vest in the Government of the Marshall Islands and the Federated States of Micronesia as set forth in a separate agreement which shall come into effect simultaneously with this Compact. The provisions of this Section shall not apply to the property of the Government of the United States for which the Government of the United States determines a continuing requirement. Section 235 (a) Funds held in trust by the High Commissioner of the Trust Territory of the Pacific Islands, in his official capacity, as of the effective date of this Compact shall remain available as trust funds to their designated beneficiaries. The Government of the United States, in consultation with the Government of the Marshall Islands or the Federated States of Micronesia, shall appoint a new trustee who shall exercise the functions formerly exercised by the High Commissioner of the Trust Territory of the Pacific Islands. (b) To provide for the continuity of administration, and to assure the Governments of the Marshall Islands and the Federated States of Micronesia that the purposes of the laws of the United States are carried out and that the funds of any other trust fund in which the High Commissioner of the Trust Territory of the Pacific Islands has authority of a statutory or customary nature shall remain available as trust funds to their designated beneficiaries, the Government of the United States agrees to assume the authority formerly vested in the High Commissioner of the Trust Territory of the Pacific Islands. Section 236 Except as otherwise provided, approval of this Compact by the Government of the United States shall constitute a pledge of the full faith and credit of the United States for the full payment of the sums and amounts specified in Articles I and III of this Title. The obligation of the United States under Articles I and III of this Title shall be enforceable in the United States Claims Court [now United States Court of Federal Claims], or its successor court, which shall have jurisdiction in cases arising under this Section, notwithstanding the provisions of 28 U.S.C. 1502 Article IV Trade Section 241 The Marshall Islands and the Federated States of Micronesia are not included in the customs territory of the United States. Section 242 For the purpose of assessing duties on their products imported into the customs territory of the United States, the Marshall Islands and the Federated States of Micronesia shall be treated as if they were insular possessions of the United States within the meaning of General Headnote 3(a) of the Tariff Schedules of the United States. The exceptions, valuation procedures and all other provisions of General Headnote 3(a) shall apply to any product deriving from the Marshall Islands or the Federated States of Micronesia. Section 243 All products of the Marshall Islands or the Federated States of Micronesia imported into the customs territory of the United States which are not accorded the treatment set forth in Section 242 and all products of the United States imported into the Marshall Islands or the Federated States of Micronesia shall receive treatment no less favorable than that accorded like products of any foreign country with respect to customs duties or charges of a similar nature and with respect to laws and regulations relating to importation, exportation, taxation, sale, distribution, storage or use. Article V Finance and Taxation Section 251 The currency of the United States is the official circulating legal tender of the Marshall Islands and the Federated States of Micronesia. Should the Government of the Marshall Islands or the Federated States of Micronesia act to institute another currency, the terms of an appropriate currency transitional period shall be as agreed with the Government of the United States. Section 252 The Government of the Marshall Islands or the Federated States of Micronesia may, with respect to United States persons, tax income derived from sources within its respective jurisdiction, property situated therein, including transfers of such property by gift or at death, and products consumed therein, in such manner as such Government deems appropriate. The determination of the source of any income, or the situs of any property, shall for purposes of this Compact be made according to the United States Internal Revenue Code. Section 253 A citizen of the Marshall Islands or the Federated States of Micronesia, domiciled therein, shall be exempt from: (a) Income taxes imposed by the Government of the United States upon fixed or determinable annual income. (b) Estate, gift, and generation-skipping transfer taxes imposed by the Government of the United States. Section 254 (a) In determining any income tax imposed by the Government of the Marshall Islands or the Federated States of Micronesia, those Governments shall have authority to impose tax upon income derived by a resident of the Marshall Islands or the Federated States of Micronesia from sources without the Marshall Islands and the Federated States of Micronesia, in the same manner and to the same extent as those Governments impose tax upon income derived from within their respective jurisdictions. If the Government of the Marshall Islands or the Federated States of Micronesia exercises such authority as provided in this subsection, any individual resident of the Marshall Islands or the Federated States of Micronesia who is subject to tax by the Government of the United States on income which is also taxed by the Government of the Marshall Islands or the Federated States of Micronesia shall be relieved of liability to the Government of the United States for the tax which, but for this subsection, would otherwise be imposed by the Government of the United States on such income. For purposes of this Section, the term resident of the Marshall Islands or the Federated States of Micronesia shall be deemed to include any person who was physically present in the Marshall Islands or the Federated States of Micronesia for a period of 183 or more days during any taxable year; provided, that as between the Government of the Marshall Islands and the Federated States of Micronesia, the authority to tax an individual resident of the Marshall Islands or the Federated States of Micronesia in respect of income from sources without the Marshall Islands and the Federated States of Micronesia as provided in this subsection may be exercised only by the Government in whose jurisdiction such individual was physically present for the greatest number of days during the taxable year. (b) If the Government of the Marshall Islands or the Federated States of Micronesia subjects income to taxation substantially similar to that imposed by the Trust Territory Code in effect on January 1, 1980 Section 255 Where not otherwise manifestly inconsistent with the intent of this Compact, provisions in the United States Internal Revenue Code that are applicable to possessions of the United States as of January 1, 1980 TITLE THREE SECURITY AND DEFENSE RELATIONS Article I Authority and Responsibility Section 311 (a) The Government of the United States has full authority and responsibility for security and defense matters in or relating to the Marshall Islands and the Federated States of Micronesia. (b) This authority and responsibility includes: (1) the obligation to defend the Marshall Islands and the Federated States of Micronesia and their peoples from attack or threats thereof as the United States and its citizens are defended; (2) the option to foreclose access to or use of the Marshall Islands and the Federated States of Micronesia by military personnel or for the military purposes of any third country; and (3) the option to establish and use military areas and facilities in the Marshall Islands and the Federated States of Micronesia, subject to the terms of the separate agreements referred to in Sections 321 and 323. (c) The Government of the United States confirms that it shall act in accordance with the principles of international law and the Charter of the United Nations in the exercise of this authority and responsibility. Section 312 Subject to the terms of any agreements negotiated in accordance with Sections 321 and 323, the Government of the United States may conduct within the lands, waters and airspace of the Marshall Islands and the Federated States of Micronesia the activities and operations necessary for the exercise of its authority and responsibility under this Title. Section 313 (a) The Governments of the Marshall Islands and the Federated States of Micronesia shall refrain from actions which the Government of the United States determines, after appropriate consultation with those Governments, to be incompatible with its authority and responsibility for security and defense matters in or relating to the Marshall Islands and the Federated States of Micronesia. (b) The consultations referred to in this Section shall be conducted expeditiously at senior levels of the Governments concerned, and the subsequent determination by the Government of the United States referred to in this Section shall be made only at senior interagency levels of the Government of the United States. (c) The Government of the Marshall Islands or the Federated States of Micronesia shall be afforded, on an expeditious basis, an opportunity to raise its concerns with the United States Secretary of State personally and the United States Secretary of Defense personally regarding any determination made in accordance with this Section. Section 314 (a) Unless otherwise agreed, the Government of the United States shall not, in the Marshall Islands or the Federated States of Micronesia: (1) test by detonation or dispose of any nuclear weapon, nor test, dispose of, or discharge any toxic chemical or biological weapon; or (2) test, dispose of, or discharge any other radioactive, toxic chemical or biological materials in an amount or manner which would be hazardous to public health or safety. (b) Unless otherwise agreed, other than for transit or over flight purposes or during time of a national emergency declared by the President of the United States, a state of war declared by the Congress of the United States or as necessary to defend against an actual or impending armed attack on the United States, the Marshall Islands or the Federated States of Micronesia, the Government of the United States shall not store in the Marshall Islands or the Federated States of Micronesia any toxic chemical weapon, nor any radioactive materials nor any toxic chemical materials intended for weapons use. (c) Radioactive, toxic chemical, or biological materials not intended for weapons use shall not be affected by Section 314(b). (d) No material or substance referred to in this Section shall be stored in the Marshall Islands or the Federated States of Micronesia except in an amount and manner which would not be hazardous to public health or safety. In determining what shall be an amount or manner which would be hazardous to public health or safety under this Section, the Government of the United States shall comply with any applicable mutual agreement, international guidelines accepted by the Government of the United States, and the laws of the United States and their implementing regulations. (e) Any exercise of the exemption authority set forth in Section 161(e) shall have no effect on the obligations of the Government of the United States under this Section or on the application of this subsection. (f) The provisions of this Section shall apply in the areas in which the Government of the Marshall Islands or the Federated States of Micronesia exercises jurisdiction over the living resources of the seabed, subsoil or water column adjacent to its coasts. Section 315 The Government of the United States may invite members of the armed forces of other countries to use military areas and facilities in the Marshall Islands or the Federated States of Micronesia, in conjunction with and under the control of United States Armed Forces. Use by units of the armed forces of other countries of such military areas and facilities, other than for transit and overflight purposes, shall be subject to consultation with and, in the case of major units, approval by the Government of the Marshall Islands or the Federated States of Micronesia. Section 316 The authority and responsibility of the Government of the United States under this Title may not be transferred or otherwise assigned. Article II Defense Facilities and Operating Rights Section 321 (a) Specific arrangements for the establishment and use by the Government of the United States of military areas and facilities in the Marshall Islands or the Federated States of Micronesia are set forth in separate agreements which shall come into effect simultaneously with this Compact. (b) If, in the exercise of its authority and responsibility under this Title, the Government of the United States requires the use of areas within the Marshall Islands or the Federated States of Micronesia in addition to those for which specific arrangements are concluded pursuant to Section 321(a), it may request the Government concerned to satisfy those requirements through leases or other arrangements. The Government of the Marshall Islands or the Federated States of Micronesia shall sympathetically consider any such request and shall establish suitable procedures to discuss it with and provide a prompt response to the Government of the United States. (c) The Government of the United States recognizes and respects the scarcity and special importance of land in the Marshall Islands and the Federated States of Micronesia. In making any requests pursuant to Section 321(b), the Government of the United States shall follow the policy of requesting the minimum area necessary to accomplish the required security and defense purpose, of requesting only the minimum interest in real property necessary to support such purpose, and of requesting first to satisfy its requirement through public real property, where available, rather than through private real property. Section 322 The Government of the United States shall provide and maintain fixed and floating aids to navigation in the Marshall Islands and the Federated States of Micronesia at least to the extent necessary for the exercise of its authority and responsibility under this Title. Section 323 The military operating rights of the Government of the United States and the legal status and contractual arrangements of the United States Armed Forces, their members, and associated civilians, while present in the Marshall Islands or the Federated States of Micronesia, are set forth in separate agreements which shall come into effect simultaneously with this Compact. Article III Defense Treaties and International Security Agreements Section 331 Subject to the terms of this Compact and its related agreements, the Government of the United States, exclusively, shall assume and enjoy, as to the Marshall Islands and the Federated States of Micronesia, all obligations, responsibilities, rights and benefits of: (a) Any defense treaty or other international security agreement applied by the Government of the United States as Administering Authority of the Trust Territory of the Pacific Islands as of the day preceding the effective date of this Compact. (b) Any defense treaty or other international security agreement to which the Government of the United States is or may become a party which it determines to be applicable in the Marshall Islands and the Federated States of Micronesia. Such a determination by the Government of the United States shall be preceded by appropriate consultation with the Government of the Marshall Islands or the Federated States of Micronesia. Article IV Service in Armed Forces of the United States Section 341 Any person entitled to the privileges set forth in Section 141 shall be eligible to volunteer for service in the Armed Forces of the United States, but shall not be subject to involuntary induction into military service of the United States so long as such person does not establish habitual residence in the United States, its territories or possessions. Section 342 The Government of the United States shall have enrolled, at any one time, at least two qualified students, one each from the Marshall Islands and the Federated States of Micronesia, as may be nominated by their respective Governments, in each of: (a) The United States Coast Guard Academy pursuant to 14 U.S.C. 195 14 U.S.C. 1923 (b) The United States Merchant Marine Academy pursuant to [former] 46 U.S.C. [App.] 1295b(b)(6) [see 46 U.S.C. 51304 46 U.S.C. 51304(b)(2) Article V General Provisions Section 351 (a) The Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia shall establish two Joint Committees empowered to consider disputes under the implementation of this Title and its related agreements. (b) The membership of each Joint Committee shall comprise selected senior officials of each of the two participating Governments. The senior United States military commander in the Pacific area shall be the senior United States member of each Joint Committee. For the meetings of each Joint Committee, each of the two participating Governments may designate additional or alternate representatives as appropriate for the subject matter under consideration. (c) Unless otherwise mutually agreed, each Joint Committee shall meet semi-annually at a time and place to be designated, after appropriate consultation, by the Government of the United States. A Joint Committee also shall meet promptly upon request of either of its members. Upon notification by the Government of the United States, the Joint Committees so notified shall meet promptly in a combined session to consider matters within the jurisdiction of more than one Joint Committee. Each Joint Committee shall follow such procedures, including the establishment of functional subcommittees, as the members may from time to time agree. (d) Unresolved issues in each Joint Committee shall be referred to the Governments concerned for resolution, and the Government of the Marshall Islands or the Federated States of Micronesia shall be afforded, on an expeditious basis, an opportunity to raise its concerns with the United States Secretary of Defense personally regarding any unresolved issue which threatens its continued association with the Government of the United States. Section 352 In the exercise of its authority and responsibility under Title Three, the Government of the United States shall accord due respect to the authority and responsibility of the Governments of the Marshall Islands and the Federated States of Micronesia under Titles One, Two and Four and to their responsibility to assure the well-being of their peoples. Section 353 (a) The Government of the United States shall not include any of the Governments of the Marshall Islands and the Federated States of Micronesia as named parties to a formal declaration of war, without their respective consent. (b) Absent such consent, this Compact is without prejudice, on the ground of belligerence or the existence of a state of war, to any claims for damages which are advanced by the citizens, nationals or Government of the Marshall Islands or the Federated States of Micronesia, which arise out of armed conflict subsequent to the effective date of this Compact and which are: (1) petitions to the Government of the United States for redress; or (2) claims in any manner against the government, citizens, nationals or entities of any third country. (c) Petitions under Section 353(b)(1) shall be treated as if they were made by citizens of the United States. Section 354 (a) Notwithstanding any other provision of this Compact, the provisions of this Title are binding from the effective date of this Compact for a period of fifteen years between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia and thereafter as mutually agreed or in accordance with Section 231, unless earlier terminated by mutual agreement pursuant to Section 441, or amended pursuant to Article III of Title Four. (b) The Government of the United States recognizes, in view of the special relationship between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, and in view of the existence of separate agreements with each of them pursuant to Sections 321 and 323, that, even if this Title should terminate, any attack on the Marshall Islands or the Federated States of Micronesia during the period in which such separate agreements are in effect, would constitute a threat to the peace and security of the entire region and a danger to the United States. In the event of such an attack, the Government of the United States would take action to meet the danger to the United States and to the Marshall Islands and the Federated States of Micronesia in accordance with its constitutional processes. TITLE FOUR GENERAL PROVISIONS Article I Approval and Effective Date Section 411 This Compact shall come into effect upon mutual agreement between the Government of the United States, acting in fulfillment of its responsibilities as Administering Authority of the Trust Territory of the Pacific Islands, and the Government of the Marshall Islands or the Federated States of Micronesia and subsequent to completion of the following: (a) Approval by the Government of the Marshall Islands or the Federated States of Micronesia in accordance with its constitutional processes. (b) Conduct of the plebiscite referred to in Section 412. (c) Approval by the Government of the United States in accordance with its constitutional processes. Section 412 A plebiscite shall be conducted in each of the Marshall Islands and the Federated States of Micronesia for the free and voluntary choice by the peoples of the Trust Territory of the Pacific Islands of their future political status through informed and democratic processes. The Marshall Islands and the Federated States of Micronesia shall each be considered a voting jurisdiction, and the plebiscite shall be conducted under fair and equitable standards in each voting jurisdiction. The Administering Authority of the Trust Territory of the Pacific Islands, after consultation with the Governments of the Marshall Islands and the Federated States of Micronesia, shall fix the date on which the plebiscite shall be called in each voting jurisdiction. The plebiscite shall be called jointly by the Administering Authority of the Trust Territory of the Pacific Islands and the other Signatory Government concerned. The results of the plebiscite in each voting jurisdiction shall be determined by a majority of the valid ballots cast in that voting jurisdiction. Article II Conference and Dispute Resolution Section 421 The Government of the United States shall confer promptly at the request of the Government of the Marshall Islands or the Federated States of Micronesia and any of those Governments shall confer promptly at the request of the Government of the United States on matters relating to the provisions of this Compact or of its related agreements. Section 422 In the event the Government of the United States, or the Government of the Marshall Islands or the Federated States of Micronesia, after conferring pursuant to Section 421, determines that there is a dispute and gives written notice thereof, the Governments which are parties to the dispute shall make a good faith effort to resolve the dispute among themselves. Section 423 If a dispute between the Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia cannot be resolved within 90 days of written notification in the manner provided in Section 422, either party to the dispute may refer it to arbitration in accordance with Section 424. Section 424 Should a dispute be referred to arbitration as provided for in Section 423, an Arbitration Board shall be established for the purpose of hearing the dispute and rendering a decision which shall be binding upon the two parties to the dispute unless the two parties mutually agree that the decision shall be advisory. Arbitration shall occur according to the following terms: (a) An Arbitration Board shall consist of a Chairman and two other members, each of whom shall be a citizen of a party to the dispute. Each of the two Governments which is a party to the dispute shall appoint one member to the Arbitration Board. If either party to the dispute does not fulfill the appointment requirements of this Section within 30 days of referral of the dispute to arbitration pursuant to Section 423, its member on the Arbitration Board shall be selected from its own standing list by the other party to the dispute. Each Government shall maintain a standing list of 10 candidates. The parties to the dispute shall jointly appoint a Chairman within 15 days after selection of the other members of the Arbitration Board. Failing agreement on a Chairman, the Chairman shall be chosen by lot from the standing lists of the parties to the dispute within 5 days after such failure. (b) The Arbitration Board shall have jurisdiction to hear and render its final determination on all disputes arising exclusively under Articles I, II, III, IV and V of Title One, Title Two, Title Four and their related agreements. (c) Each member of the Arbitration Board shall have one vote. Each decision of the Arbitration Board shall be reached by majority vote. (d) In determining any legal issue, the Arbitration Board may have reference to international law and, in such reference, shall apply as guidelines the provisions set forth in Article 38 of the Statute of the International Court of Justice. (e) The Arbitration Board shall adopt such rules for its proceedings as it may deem appropriate and necessary, but such rules shall not contravene the provisions of this Compact. Unless the parties provide otherwise by mutual agreement, the Arbitration Board shall endeavor to render its decision within 30 days after the conclusion of arguments. The Arbitration Board shall make findings of fact and conclusions of law and its members may issue dissenting or individual opinions. Except as may be otherwise decided by the Arbitration Board, one-half of all costs of the arbitration shall be borne by the Government of the United States and the remainder shall be borne by the other party to the dispute. Article III Amendment Section 431 The provisions of this Compact may be amended as to the Governments of the Marshall Islands and the Federated States of Micronesia and as to the Government of the United States at any time by mutual agreement. Section 432 The provisions of this Compact may be amended as to any one of the Governments of the Marshall Islands or the Federated States of Micronesia and as to the Government of the United States at any time by mutual agreement. The effect of any amendment made pursuant to this Section shall be restricted to the relationship between the Governments agreeing to such amendment, but the other Governments signatory to this Compact shall be notified promptly by the Government of the United States of any such amendment. Article IV Termination Section 441 This Compact may be terminated as to any one of the Governments of the Marshall Islands or the Federated States of Micronesia and as to the Government of the United States by mutual agreement and subject to Section 451. Section 442 This Compact may be terminated by the Government of the United States as to the Government of the Marshall Islands or the Federated States of Micronesia subject to Section 452, such termination to be effective on the date specified in the notice of termination by the Government of the United States but not earlier than six months following delivery of such notice. The time specified in the notice of termination may be extended. Section 443 This Compact shall be terminated, pursuant to their respective constitutional processes, by the Government of the Marshall Islands or the Federated States of Micronesia subject to Section 453 if the people represented by such Government vote in a plebiscite to terminate. Such Government shall notify the Government of the United States of its intention to call such a plebiscite which shall take place not earlier than three months after delivery of such notice. The plebiscite shall be administered by such Government in accordance with its constitutional and legislative processes, but the Government of the United States may send its own observers and invite observers from a mutually agreed party. If a majority of the valid ballots cast in the plebiscite favors termination, such Government shall, upon certification of the results of the plebiscite, give notice of termination to the Government of the United States, such termination to be effective on the date specified in such notice but not earlier than three months following the date of delivery of such notice. The time specified in the notice of termination may be extended. Article V Survivability Section 451 Should termination occur pursuant to Section 441, economic assistance by the Government of the United States shall continue on mutually agreed terms. Section 452 (a) Should termination occur pursuant to Section 442, the following provisions of this Compact shall remain in full force and effect until the fifteenth anniversary of the effective date of this Compact between the Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia and thereafter as mutually agreed: (1) Article VI and Sections 172, 173, 176 and 177 of Title One; (2) Article I and Section 233 of Title Two; (3) Title Three; and (4) Articles II, III, V and VI of Title Four. (b) The Government of the United States shall also provide the Government as to which termination occurs pursuant to Section 442 with either the programs or services provided pursuant to Article II of Title Two as the time of termination, or their equivalent, as determined by the Government of the United States. Such assistance shall continue until the fifteenth anniversary of the effective date of this Compact, and thereafter as mutually agreed. Section 453 (a) Should termination occur pursuant to Section 443, the following provisions of this Compact shall remain in full force and effect until the fifteenth anniversary of the effective date of this Compact between the Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia and thereafter as mutually agreed: (1) Article VI and Sections 172, 173, 176 and 177 of Title One; (2) Title Three; and (3) Articles II, III, V and VI of Title Four. (b) Upon receipt of notice of termination pursuant to Section 443, the Government of the United States and the Government so terminating shall promptly consult with regard to their future relationship. These consultations shall determine the level of economic assistance which the Government of the United States shall provide to the Government so terminating for the period ending on the fifteenth anniversary of the effective date of this Compact provided that the annual amounts specified in Sections 211, 212, 214, 215 and 216 shall continue without diminution. Such amounts, with the exception of those specified in Section 216, shall be adjusted according to the formula set forth in Section 217. Section 454 Notwithstanding any other provision of this Compact: (a) The Government of the United States reaffirms its continuing interest in promoting the long-term economic advancement and self-sufficiency of the peoples of the Marshall Islands and the Federated States of Micronesia. (b) The separate agreements referred to in Article II of the Title Three shall remain in effect in accordance with their terms which shall also determine the duration of Section 213. Article VI Definition of Terms Section 461 For the purpose of this Compact only and without prejudice to the views of the Government of the United States or the Government of the Marshall Islands or the Federated States of Micronesia as to the nature and extent of the jurisdiction under international law of any of them, the following terms shall have the following meanings: (a) Trust Territory of the Pacific Islands means the area established in the Trusteeship Agreement consisting of the administrative districts of Kosrae, Yap, Ponape, the Marshall Islands and Truk as described in Title One, Trust Territory Code, Section 1, in force on January 1, 1979 (b) Trusteeship Agreement means the agreement setting forth the terms of trusteeship for the Trust Territory of the Pacific Islands, approved by the Security Council of the United Nations April 2, 1947 July 18, 1947 July 18, 1947 61 Stat. 3301 (c) The Marshall Islands and the Federated States of Micronesia are used in a geographic sense and include the land and water areas to the outer limits of the territorial sea and the air space above such areas as now or hereafter recognized by the Government of the United States. (d) Government of the Marshall Islands means the Government established and organized by the Constitution of the Marshall Islands including all the political subdivisions and entities comprising that Government.  Government of the Federated States of Micronesia means the Government established and organized by the Constitution of the Federated States of Micronesia including all the political subdivisions and entities comprising that Government. (e) The following terms shall be defined consistent with the 1976 Edition of the Radio Regulations of the International Telecommunications Union (ISBN 926100815) as follows: (1) Radio Communications means telecommunication by means of radio waves. (2) Station means one or more transmitters or receivers or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying on a radio communication service; each station shall be classified by the service in which it operates permanently or temporarily. (3) Broadcasting Service means a radio communication service in which the transmissions are intended for direct reception by the general public, and which may include sound transmissions, television transmissions or other types of transmissions. (4) Broadcasting Station means a station in the broadcasting service. (f) Frequency Assignment means the same as Frequency Assignment means in the 1976 Edition of the Radio Regulations of the International Telecommunications Union (ISBN 926100815). (g) Habitual Residence means a place of general abode or a principal, actual dwelling place of a continuing or lasting nature; provided, however, that this term shall not apply to the residence of any person who entered the United States for the purpose of full-time studies as long as such person maintains that status, or who has been physically present in the United States, the Marshall Islands, or the Federated States of Micronesia for less than one year, or who is a dependent of a resident representative, as described in Section 152. (h) For the purposes of Article IV of Title One of this Compact: (1) Actual Residence means physical presence in the Marshall Islands or the Federated States of Micronesia during eighty-five percent of the period of residency required by Section 141(a)(3); and (2) Certificate of Actual Residence means a certificate issued to a naturalized citizen by the Government which has naturalized him stating that the citizen has complied with the actual residence requirement of Section 141(a)(3). (i) Military Areas and Facilities means those areas and facilities in the Marshall Islands or the Federated States of Micronesia reserved or acquired by the Government of the Marshall Islands or the Federated States of Micronesia for use by the Government of the United States, as set forth in the separate agreements referred to in Section 321. (j) Capital Account means, for each year of the Compact, those portions of the total grant assistance provided in Article I of Title Two, adjusted by Section 217, which are to be obligated for: (1) the construction or major repair of capital infrastructure; or (2) public and private sector projects identified in the official overall economic development plan. (k) Current Account means, for each year of the Compact, those portions of the total grant assistance provided in Article I of Title Two, adjusted by Section 217, which are to be obligated for recurring operational activities including infrastructure maintenance as identified in the annual budget justifications submitted yearly to the Government of the United States. (l) Official Overall Economic Development Plan means the documented program of annual development which identifies the specific policy and project activities necessary to achieve a specified set of economic goals and objectives during the period of free association, consistent with the economic assistance authority in Title Two. Such a document should include an analysis of population trends, manpower requirements, social needs, gross national product estimates, resource utilization, infrastructure needs and expenditures, and the specific private sector projects required to develop the local economy of the Marshall Islands or the Federated States of Micronesia. Project identification should include initial cost estimates, with project purposes related to specific development goals and objectives. (m) Tariff Schedules of the United States means the Tariff Schedules of the United States as amended from time to time and as promulgated pursuant to United States law and includes the Tariff Schedules of the United States Annotated (TSUSA), as amended. (n) Vienna Convention on Diplomatic Relations means the Vienna Convention on Diplomatic Relations, done April 18, 1961 Section 462 The Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia, as appropriate, shall conclude related agreements which shall come into effect and shall survive in accordance with their terms, as follows: (a) Agreement Regarding the Provision of Telecommunication Services by the Government of the United States to the Marshall Islands and the Federated States of Micronesia Concluded Pursuant to Section 131 of the Compact of Free Association; (b) Agreement Regarding the Operation of Telecommunication Services of the Government of the United States in the Marshall Islands and the Federated States of Micronesia Concluded Pursuant to Section 132 of the Compact of Free Association; (c) Agreement on Extradition, Mutual Assistance in Law Enforcement Matters and Penal Sanctions Concluded Pursuant to Section 175 of the Compact of Free Association; (d) Agreement Between the Government of the United States and the Government of the Marshall Islands for the Implementation of Section 177 of the Compact of Free Association; (e) Federal Programs and Services Agreement Concluded Pursuant to Article II of Title Two and Section 232 of the Compact of Free Association; (f) Agreement Concluded Pursuant to Section 234 of the Compact of Free Association; (g) Agreement Regarding the Military Use and Operating Rights of the Government of the United States in the Marshall Islands Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association; (h) Agreement Regarding the Military Use and Operating Rights of the Government of the United States in the Federated States of Micronesia Concluded Pursuant to Sections 227, 321 and 323 of the Compact of Free Association; (i) Status of Forces Agreement Concluded Pursuant to Section 323 of the Compact of Free Association; (j) Agreement Between the Government of the United States and the Government of the Federated States of Micronesia Regarding Friendship, Cooperation and Mutual Security Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association; and (k) Agreement Between the Government of the United States and the Government of the Marshall Islands Regarding Mutual Security Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association. Section 463 (a) Except as set forth in Section 463(b), any reference in this Compact to a provision of the United States Code or the Statutes at Large of the United States constitutes the incorporation of the language of such provision into this Compact, as such provision was in force on January 1, 1980 (b) Any reference in Article VI of Title One and Sections 131, 174, 175, 178 and 342 to a provision of the United States Code or the Statutes at Large of the United States or to the Privacy Act, the Freedom of Information Act or the Administrative Procedure Act constitutes the incorporation of the language of such provision into this Compact as such provision is in force on the effective date of this Compact or as it may be amended thereafter on a non-discriminatory basis according to the constitutional processes of the United States. Article VII Concluding Provisions Section 471 (a) The Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia agree that they have full authority under their respective Constitutions to enter into this Compact and its related agreements and to fulfill all of their respective responsibilities in accordance with the terms of this Compact and its related agreements. The Governments pledge that they are so committed. (b) Each of the Governments of the United States, the Marshall Islands and the Federated States of Micronesia shall take all necessary steps, of a general or particular character, to ensure, not later than the effective date of this Compact, the conformity of its laws, regulations and administrative procedures with the provisions of this Compact. (c) Without prejudice to the effects of this Compact under international law, this Compact has the force and effect of a statute under the laws of the United States. Section 472 This Compact may be accepted, by signature or otherwise, by the Government of the United States, the Government of the Marshall Islands, and the Government of the Federated States of Micronesia. Each Government accepting this Compact shall possess an original English language version. IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Compact of Free Association which shall come into effect in accordance with its terms between the Government of the United States and each of the other Governments signatory to this Compact. done at honolulu, hawaii, this 1st day of october, one thousand, nine hundred eighty-two for the government of the united states of america ambassador fred m. zeder, ii presidents personal representative for micronesian status negotiations done at honolulu, hawaii, this 1st day of october, one thousand, nine hundred eighty-two for the government of the federated states of micronesia honorable andon l. amaraich chairman, commission on future political status and transition done at majuro, marshall islands, this 25th day of june, one thousand, nine hundred, eighty-three for the government of the united states of america ambassador fred m. zeder, ii presidents personal representative for micronesian status negotiations done at majuro, marshall islands, this 25th day of june, one thousand, nine hundred eighty-three for the government of the marshall islands president amata kabua president of the republic of the marshall islands. [ Pub. L. 108108, title I Nov. 10, 2003 117 Stat. 1261 section 231 of Pub. L. 99239 Pub. L. 99239 [For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8 [For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6 [For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 [For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Clarification of Certain Trade and Tax Provisions of Compact of Free Association Title IV of Pub. L. 99239  SEC. 401. FREELY ASSOCIATED STATES TARIFF TREATMENT. (a)  Section Section 242 of the Compact [set out above] shall be construed and applied as if it read as follows:  Section 242  The President shall proclaim the following tariff treatment for articles imported from the Federated States of Micronesia or the Marshall Islands which shall apply during the period of effectiven[e]ss of this title:  (1) Unless otherwise excluded, articles imported from the Federated States of Micronesia or the Marshall Islands, subject to the limitations imposed under sections 503(b) and 504(c) of title 5 of the Trade Act of 1974 ( 19 U.S.C. 2463(b)  (2) Only canned tuna provided for in item 112.30 of the Tariff Schedules of the United States that is imported from the Federated States of Micronesia and the Marshall Islands during any calendar year not to exceed 10 percent of the United States consumption of canned tuna during the immediately preceding calendar year, as reported by the National Marine Fisheries Service, shall be exempt from duty; but the quantity of tuna given duty free treatment under this paragraph for any calendar year shall be counted against the aggregate quantity of canned tuna that is dutiable under rate column numbered 1 of such item 112.30 for that calendar year.  (3) The duty-free treatment provided under paragraph (1) shall not apply to  (A) watches, clocks, and timing apparatus provided for in subpart E of part 2 of schedule 7 of the Tariff Schedules of the United States;  (B) buttons (whether finished or not finished) provided for in item 745.32 of such Schedules;  (C) textile and apparel articles which are subject to textile agreements; and  (D) footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of chapter V of the Trade Act of 1974 ( 19 U.S.C. 2461 April 1, 1984  (4) If the cost or value of materials produced in the customs territory of the United States is included with respect to an eligible article which is a product of the Federated States of Micronesia or the Marshall Islands, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied for duty assessment purposes toward determining the percentage referred to in section 503(b)(2) of title V of the Trade Act of 1974.. (b)  Section Section 243 of the Compact shall be construed and applied as if it read as follows:  Section 243  Articles imported from the Federated States of Micronesia or the Marshall Islands which are not exempt from duty under paragraphs (1), (2), (3), and (4) of section 242 shall be subject to the rates of duty set forth in column numbered 1 of the Tariff Schedules of the United States and all products of the United States imported into the Federated States of Micronesia or the Marshall Islands shall receive treatment no less favorable than that accorded like products of any foreign country with respect to customs duties or charges of a similar nature and with respect to laws and regulations relating to importation, exportation, taxation, sale, distribution, storage, or use.. SEC. 402. CONSTRUCTION OF SECTION 253 OF THE COMPACT. (a) Subsection (a) of section 253 of the Compact shall not apply. (b) Subsection (b) of section 253 of the Compact shall apply only to individuals who are nonresidents and not citizens of the United States. SEC. 403. CONSTRUCTION OF SECTION 254 OF THE COMPACT. The relief from liability referred to in the second sentence of section 254(a) of the Compact means only (1) relief in the form of the foreign tax credit (or deduction in lieu thereof) available with respect to the income taxes of a possession of the United States, and (2) relief in the form of the exclusion under section 911 of the Internal Revenue Code of 1986 [ 26 U.S.C. 911 SEC. 404. CONSTRUCTION OF SECTION 255 OF THE COMPACT. Section 255 of the Compact shall be construed and applied as if it read as follows:  Section 255  (a) Extension of Section to the Marshall Islands and the Federated States of Micronesia  (b) Exchange of Information December 31, 1986  (c) Procedure If Section Incentives Reduced SEC. 405. THE MARSHALL ISLANDS AND THE FEDERATED STATES OF MICRONESIA TREATED AS NORTH AMERICAN AREA. For purposes of section 274(h)(3)(A) of the Internal Revenue Code of 1986 [ 26 U.S.C. 274(h)(3)(A) SEC. 406. EFFECTIVE DATE. This title shall apply to income earned, and transactions occurring, after September 30, 1985 SEC. 407. STUDY OF TAX PROVISIONS. The Secretary of the Treasury or his delegate (1) shall conduct a study of the effects of the tax provisions of the Compact (as clarified by the foregoing provisions of this title), and (2) shall report the results of such study before October 1, 1987 [The due date for the report referred to in section 407 of Pub. L. 99239 Jan. 1, 1991 Pub. L. 101508, title XI,  11831(b) Nov. 5, 1990 104 Stat. 1388559 SEC. 408. COORDINATION WITH OTHER PROVISIONS. Nothing in any provision of this joint resolution [see Short Title note above] (other than this title) which is inconsistent with any provision of this title shall have any force or effect.  Ex. Ord. No. 12569. Management of Compact of Free Association With Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau Ex. Ord. No. 12569, Oct. 16, 1986 Nov. 3, 1993 By the authority vested in me as President by the Constitution and laws of the United States, including the Compact of Free Association (the Compact) [set out above] and Public Law 99239 Section Responsibility of the Secretary of State 48 U.S.C. 1905(b)(1) Sec Responsibility of the Secretary of the Interior 22 U.S.C. 2501 Sec Interagency Group on Freely Associated State Affairs and the Office of Freely Associated State Affairs. (a) There is established an Interagency Group on Freely Associated State Affairs for the purpose of providing guidance and oversight with respect to the establishment and implementation of policy concerning the Compact and United States relations with the Freely Associated States. (b) The Interagency Group shall consist of the Secretary of State or his designee, who shall chair the Group, and of the principal officers or their designees from the Departments of the Interior, Defense, Commerce, Energy, and Justice, the Organization of the Joint Chiefs of Staff, the Office of Management and Budget, the National Security Council, and such other departments and agencies as may from time to time be appropriate. (c) The Interagency Group shall make such recommendations as it shall deem appropriate to the President, through the Assistant to the President for National Security Affairs, concerning United States relations with the Freely Associated States. The Interagency Group also shall provide such guidance as it deems appropriate to departments and agencies delegated authority by this Order concerning administration of laws with respect to the Freely Associated States. (d) If any department or agency charged by this Order with implementation of the Compact or other laws of the United States with respect to the Freely Associated States concludes that noncompliance sanctions pursuant to section 105(g) of the Act [ 48 U.S.C. 1905(g) (e)(1) The Secretary of State shall be responsible for the conduct of United States relations with the Freely Associated States, carry out related matters, and provide appropriate support to the Interagency Group, bearing in mind the continued special relationship between the United States and the Freely Associated States. (2) The Secretaries of Defense and Interior may, to the extent permitted by law, delegate any or all of their respective authorities and responsibilities as described in this Order to the Secretary of State or his or her designee. The Secretary of State or his or her designee shall serve as Executive Secretary of the Interagency Group. (3) Personnel additional to that provided by the Secretary of State may be detailed to the Department of State by the Executive departments and agencies that are members of the Interagency Group, and by other agencies as appropriate. Executive departments and agencies shall, to the extent permitted by law, provide such information, advice, and administrative services and facilities to the Secretary of State as may be necessary to conduct United States relations with the Freely Associated States. Sec United States Representatives to the Freely Associated States Sec Cooperation among Executive Departments and Agencies Sec Delegation to the Secretary of the Interior (a) Reporting to the Congress on economic development plans prepared by the Government of the Federated States of Micronesia and the Government of the Marshall Islands, pursuant to sections 102(b) and 103(b) of the Act [ 48 U.S.C. 1902(b) (b) The determination required by section 103(e) of the Act concerning the qualifications of the investment management firm selected by the Government of the Marshall Islands; (c) Reporting to the Congress with respect to the impact of the Compact of Free Association on the United States territories and commonwealths and on the State of Hawaii, pursuant to section 104(e)(2) of the Act [ 48 U.S.C. 1904(e)(2) (d) Causing an annual audit to be conducted of the annual financial statements of the Government of the Federated States of Micronesia and the Government of the Marshall Islands, pursuant to section 110(b) of the Act [ 48 U.S.C. 1910(b) Sec Delegation to the Secretary of State (a) Reporting to the Congress on crimes in the Federated States of Micronesia and the Marshall Islands which have an impact upon United States jurisdictions, pursuant to sections 102(a)(4) and 103(a)(4) of the Act [ 48 U.S.C. 1902(a)(4) (b) Submitting the certification and report to the Congress for purposes of section 5 of the Fishermens Protective Act of 1967 [ 22 U.S.C. 1975 48 U.S.C. 1904(f)(3) (c) Reporting, with the concurrence of the Secretary of Defense, to the Congress on determinations made regarding security and defense, pursuant to section 105(q) of the Act [former 48 U.S.C. 1905(q) Sec Supersession and Saving Provisions. (a) Subject to the provisions of Section 9 of this Order, prior Executive orders concerning the former Trust Territory of the Pacific Islands are hereby superseded and rendered inapplicable, except that the authority of the Secretary of the Interior as provided in applicable provisions of Executive Order No. 11021, as amended [formerly 48 U.S.C. 1681 48 U.S.C. 1905(c)(2) (b) Nothing in this Order shall be construed as modifying the rights or obligations of the United States under the provisions of the Compact or as affecting or modifying the responsibility of the Secretary of State and the Attorney General to interpret the rights and obligations of the United States arising out of or concerning the Compact. Sec Effective Date  1902. Agreements with Federated States of Micronesia (a) Law enforcement assistance (1) Agreement The President of the United States shall negotiate with the Government of the Federated States of Micronesia an agreement pursuant to section 175 of the Compact which is in addition to the Agreement pursuant to such section dated October 1, 1982 February 20, 1985 (A) Mutual assistance in law enforcement The law enforcement agencies of the United States and the Federated States of Micronesia shall assist one another, as mutually agreed, in the prevention and investigation of crimes and the enforcement of the laws of the United States and the Federated States of Micronesia specified in subparagraph (C) of this paragraph. The United States and the Federated States of Micronesia will authorize mutual assistance with respect to investigations, inquiries, audits and related activities by the law enforcement agencies of both Governments in the United States and the Federated States of Micronesia. In conducting activities authorized in accordance with this section, the United States and the Federated States of Micronesia will act in accordance with the constitution and laws of the jurisdiction in which such activities are conducted. (B) Narcotics and control of illegal substances The United States and the Federated States of Micronesia will take all reasonable and necessary steps, as mutually agreed, based upon consultations in which the Attorney General or other designated official of each Government participates, to prevent the use of the lands, waters, and facilities of the United States or the Federated States of Micronesia for the purposes of cultivation of, production of, smuggling of, trafficking in, and abuse of any controlled substance as defined in section 802(6) of title 21 (C) Other criminal laws Assistance provided pursuant to this subsection shall also extend to, but not be limited to, prevention and prosecution of violations of the laws of the United States and the laws of the Federated States of Micronesia related to terrorism, espionage, racketeer influenced and corrupt organizations, and financial transactions which advance the interests of any person engaging in unlawful activities, as well as the schedule of offenses set forth in Appendix A of the subsidiary agreement to section 175 of the Compact. (2) Technical and training assistance Pursuant to sections 224 and 226 of the Compact, the United States shall provide non-reimbursable technical and training assistance as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Federated States of Micronesia to develop and adequately enforce laws of the Federated States of Micronesia and to cooperate with the United States in the enforcement of criminal laws of the United States. Funds appropriated pursuant to section 1905( l (3) Consultation Any official, designated by this joint resolution or by the President to negotiate any agreement under this section, shall consult with affected law enforcement agencies prior to entering into such an agreement on behalf of the United States. (4) Report The President shall report annually to Congress on the implementation of this subsection. Such report shall provide statistical and other information about the incidence of crimes in the Federated States of Micronesia which have an impact upon United States jurisdictions, and propose measures which the United States and the Federated States of Micronesia should take in order better to prevent and prosecute violations of the laws of the United States and the Federated States of Micronesia. The reports required under section 2291(e) 1 1 (b) Economic development plans review process (1) Submission Notwithstanding section 211(b) of the Compact, the President may agree to an effective date for the Compact pursuant to section 1901(a) of this title (2) United States Government review The United States shall not concur in those development plans described in paragraph (1) of this subsection until (A) after the President of the United States has conducted a review and reported the findings of the President to the Congress; and (B) the Congress has had 30 days (excluding days on which both Houses of Congress are not in session) to review the findings of the President. (3) Report The President shall complete the review under paragraph (2) and shall report the findings no later than 60 days after the Presidents receipt of such plans. (4) Views and comments The report shall include the views of the Secretary of the Interior, the Administrator of the Agency for International Development, and the heads of such other Executive departments as the President may decide to include in the report, as well as any comments which the Federated States of Micronesia may wish to have included. (c) Agreement on audits In accordance with section 233 of the Compact, the President of the United States, in consultation with the Comptroller General of the United States, shall negotiate with the Government of the Federated States of Micronesia modifications to the Agreement Concerning Procedures for the Implementation of United States Economic Assistance, Programs and Services Provided in the Compact of Free Association, which shall provide as follows: (1) General authority of the GAO to audit (A) The Comptroller General of the United States (and his duly authorized representatives) shall have the authority to audit (i) all grants, program assistance, and other assistance provided to the Government of the Federated States of Micronesia under Articles I and II of Title Two of the Compact; and (ii) any other assistance provided by the Government of the United States to the Government of the Federated States of Micronesia. Such authority shall include authority for the Comptroller General to conduct or cause to be conducted any of the audits provided for in section 233 of the Compact. The authority provided in this paragraph shall continue for at least three years after the last such grant has been made or assistance has been provided. (B) The Comptroller General (and his duly authorized representatives) shall also have authority to review any audit conducted by or on behalf of the Government of the United States. In this connection, the Comptroller General shall have access to such personnel and to such records, documents, working papers, automated data and files, and other information relevant to such review. (2) GAO access to records (A) In carrying out paragraph (1), the Comptroller General (and his duly authorized representatives) shall have such access to the personnel and (without cost) to records, documents, working papers, automated data and files, and other information relevant to such audits. The Comptroller General may duplicate any such records, documents, working papers, automated data and files, or other information relevant to such audits. (B) Such records, documents, working papers, automated data and files, and other information regarding each such grant or other assistance shall be maintained for at least three years after the date such grant or assistance was provided and in a manner that permits such grants, assistance, and payments to be accounted for distinct from any other funds of the Government of the Federated States of Micronesia. (3) Representative status for GAO representatives The Comptroller General and his duly authorized representatives shall be accorded the status set forth in Article V of Title One of the Compact. (4) Annual financial statements As part of the annual report submitted by the Government of the Federated States of Micronesia under section 211 of the Compact, the Government shall include annual financial statements which account for the use of all of the funds provided by the Government of the United States to the Government under the Compact or otherwise. Such financial statements shall be prepared in accordance with generally accepted accounting procedures, except as may otherwise be mutually agreed. Not later than 180 days after the end of the United States fiscal year with respect to which such funds were provided, each such statement shall be submitted to the President for audit and transmission to the Congress. (5) Audits defined As used in this subsection, the term audits includes financial, program, and management audits, including determining (A) whether the Government of the Federated States of Micronesia has met the requirements set forth in the Compact, or any related agreement entered into under the Compact, regarding the purposes for which such grants and other assistance are to be used; and (B) the propriety of the financial transactions of the Government of the Federated States of Micronesia pursuant to such grants or assistance. (6) Cooperation by Federated States of Micronesia The Government of the Federated States of Micronesia will cooperate fully with the Comptroller General of the United States in the conduct of such audits as the Comptroller General determines necessary to enable the Comptroller General to fully discharge his responsibilities under this joint resolution. ( Pub. L. 99239, title I,  102 Jan. 14, 1986 99 Stat. 1775  Editorial Notes  References in Text The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239 section 1901 of this title This joint resolution, referred to in subsecs. (a)(3) and (c)(6), is Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title Section 2291(e) of title 22 section 2291(i) of title 22 Pub. L. 102583,  6(b)(2) Nov. 2, 1992 106 Stat. 4932 For Oct. 21, 1986 Nov. 3, 1986 Nov. 3, 1986 section 1801 of this title Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1903. Agreements with and other provisions related to Marshall Islands (a) Law enforcement assistance (1) Agreement The President of the United States shall negotiate with the Government of the Marshall Islands an agreement pursuant to section 175 of the Compact which is in addition to the Agreement pursuant to such section dated May 30, 1982 February 20, 1985 (A) Mutual assistance in law enforcement The law enforcement agencies of the United States and the Marshall Islands shall assist one another, as mutually agreed, in the prevention and investigation of crimes and the enforcement of the laws of the United States and the Marshall Islands specified in subparagraph (C) of this paragraph. The United States and the Marshall Islands will authorize mutual assistance with respect to investigations, inquiries, audits and related activities by the law enforcement agencies of both Governments in the United States and the Marshall Islands. In conducting activities authorized in accordance with this section, the United States and the Marshall Islands will act in accordance with the constitution and laws of the jurisdiction in which such activities are conducted. (B) Narcotics and control of illegal substances The United States and the Marshall Islands will take all reasonable and necessary steps, as mutually agreed, based upon consultations in which the Attorney General or other designated official of each Government participates, to prevent the use of the lands, waters, and facilities of the United States or the Marshall Islands for the purposes of cultivation of, production of, smuggling of, trafficking in, and abuse of any controlled substance as defined in section 802(6) of title 21 (C) Other criminal laws Assistance provided pursuant to this subsection shall also extend to, but not be limited to, prevention and prosecution of violations of the laws of the United States and the laws of the Marshall Islands related to terrorism, espionage, racketeer influenced and corrupt organizations, and financial transactions which advance the interests of any person engaging in unlawful activities, as well as the schedule of offenses set forth in Appendix A of the subsidiary agreement to section 175 of the Compact. (2) Technical and training assistance Pursuant to sections 224 and 226 of the Compact, the United States shall provide non-reimbursable technical and training assistance as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Marshall Islands to develop and adequately enforce laws of the Marshall Islands and to cooperate with the United States in the enforcement of criminal laws of the United States. Funds appropriated pursuant to section 1905( l (3) Consultation Any official, designated by this joint resolution or by the President to negotiate any agreement under this section, shall consult with affected law enforcement agencies prior to entering into such an agreement on behalf of the United States. (4) Report The President shall report annually to Congress on the implementation of this subsection. Such report shall provide statistical and other information about the incidence of crimes in the Marshall Islands which have an impact upon United States jurisdictions, and propose measures which the United States and the Marshall Islands should take in order better to prevent and prosecute violations of the laws of the United States and the Marshall Islands. The reports required under section 2291(e) 1 1 (b) Economic development plans review process (1) Submission Notwithstanding section 211(b) of the Compact, the President may agree to an effective date for the Compact pursuant to section 1901(b) of this title (2) United States Government review The United States shall not concur in those development plans described in paragraph (1) of this subsection until (A) after the President of the United States has conducted a review and reported the findings of the President to the Congress; and (B) the Congress has had 30 days (excluding days on which both Houses of Congress are not in session) to review the findings of the President. (3) Report The President shall complete the review under paragraph (2) and shall report the findings no later than 60 days after the Presidents receipt of such plans. (4) Views and comments The report shall include the views of the Secretary of the Interior, the Administrator of the Agency for International Development, and the heads of such other Executive departments as the President may decide to include in the report, as well as any comments which the Marshall Islands may wish to have included. (c) Ejit (1) The President of the United States shall negotiate with the Government of the Marshall Islands an agreement whereby, without prejudice as to any claims which have been or may be asserted by any party as to rightful title and ownership of any lands on Ejit, the Government of the Marshall Islands shall assure that lands on Ejit used as of January 1, 1985 (2) If the impediments described in paragraph (1) do arise, the United States will cooperate with the Government of the Marshall Islands in assisting any person adversely affected by such judicial determination to remain on Ejit, or in locating suitable and acceptable alternative lands for such persons use. (3) Paragraph (1) shall not be applied in a manner which would prevent the Government of the Marshall Islands from acting in accordance with its constitutional processes to resolve title and ownership claims with respect to such lands or from taking substitute or additional measures to meet the needs of the people of Bikini with their democratically expressed consent and approval. (d) Kwajalein payments (1) Statement of policy The Congress of the United States hereby declares that it is the policy of the United States that payment of funds by the Government of the Marshall Islands to the landowners of Kwajalein Atoll in accordance with the land use agreement dated October 19, 1982 (2) Failure to pay In the event that the Government of the Marshall Islands fails to make payments in accordance with paragraph (1) of this subsection, the Government of the United States shall initiate procedures under Section 313 of the Compact and consult with the Government of the Marshall Islands with respect to the basis for such non-payment of funds. The United States shall expeditiously resolve the matter of any non-payment of funds as described in paragraph (1) of this subsection pursuant to Section 313 of the Compact and the authority and responsibility of the Government of the United States for security and defense matters in or relating to the Marshall Islands. This paragraph shall be enforced, as may be necessary, in accordance with section 1905(g)(2) of this title (3) Assistance The President is hereby authorized to make loans and grants to the Government of the Marshall Islands for the sole use of the Kwajalein Atoll Development Authority for the benefit of the Kwajalein landowners of amounts sought by such authority for development purposes, pursuant to a development plan for Kwajalein Atoll which such authority has adopted in accordance with applicable laws of the Marshall Islands. Such loans and grants shall be subject to such other terms and conditions as the President, in his discretion, may determine appropriate and necessary. (e) Section 177 Agreement (1) In furtherance of the purposes of Article I of the Subsidiary Agreement for Implementation of Section 177 of the Compact, the payment of the amount specified therein shall be made by the United States under Article I of the Agreement between the Government of the United States and the Government of the Marshall Islands for the Implementation of Section 177 of the Compact (hereafter in this subsection referred to as the Section 177 Agreement) only after the Government of the Marshall Islands has notified the President of the United States as to which investment management firm has been selected by such Government to act as Fund Manager under Article I of the Section 177 Agreement. (2) In the event that the President determines that an investment management firm selected by the Government of the Marshall Islands does not meet the requirements specified in Article I of the Section 177 Agreement, the United States shall invoke the conference and dispute resolution procedures of Article II of Title Four of the Compact. Pending the resolution of such a dispute and until a qualified Fund Manager has been designated, the Government of the Marshall Islands shall place the funds paid by the United States pursuant to Article I of the Section 177 Agreement into an interest-bearing escrow account. Upon designation of a qualified Fund Manager, all funds in the escrow account shall be transferred to the control of such Fund Manager for management pursuant to the Section 177 Agreement. (3) If the Government of the Marshall Islands determines that some other investment firm should act as Fund Manager in place of the firm first (or subsequently) selected by such Government, the Government of the Marshall Islands shall so notify the President of the United States, identifying the firm selected by such Government to become Fund Manager, and the President shall proceed to evaluate the qualifications of such identified firm. (4) At the end of 15 years after the effective date of the Compact, the firm then acting as Fund Manager shall transfer to the Government of the Marshall Islands, or to such account as such Government shall so notify the Fund Manager, all remaining funds and assets being managed by the Fund Manager under the Section 177 Agreement. (5) An annual report concerning all actions of the Fund Manager pursuant to the Section 177 Agreement and this joint resolution, including information prepared by the Fund Manager, shall be transmitted by the Government of the Marshall Islands to the Congress. Such report shall include such information (whether received from the Fund Manager or any other source) as relates to the disbursements provided for in Article II of the Section 177 Agreement. Such report shall be made public. (f) Nuclear test effects In approving the Compact, the Congress understands and intends that the peoples of Bikini, Enewetak, Rongelap, and Utrik, who were affected by the United States nuclear weapons testing program in the Marshall Islands, will receive the amounts of $75,000,000 (Bikini); $48,750,000 (Enewetak), 2 2 (g) Espousal provisions (1) It is the intention of the Congress of the United States that the provisions of section 177 of the Compact of Free Association and the Agreement between the Government of the United States and the Government of the Marshall Islands for the Implementation of Section 177 of the Compact (hereafter in this subsection referred to as the Section 177 Agreement) constitute a full and final settlement of all claims described in Articles X and XI of the Section 177 Agreement, and that any such claims be terminated and barred except insofar as provided for in the Section 177 Agreement. (2) In furtherance of the intention of Congress as stated in paragraph (1) of this subsection, the Section 177 Agreement is hereby ratified and approved. It is the explicit understanding and intent of Congress that the jurisdictional limitations set forth in Article XII of such Agreement are enacted solely and exclusively to accomplish the objective of Article X of such Agreement and only as a clarification of the effect of Article X, and are not to be construed or implemented separately from Article X. (h) DOE radiological health care program; USDA agricultural and food programs (1) Marshall Islands program Notwithstanding any other provision of law, upon the request of the Government of the Marshall Islands, the President (either through an appropriate department or agency of the United States or by contract with a United States firm) shall continue to provide special medical care and logistical support thereto for the remaining 174 members of the population of Rongelap and Utrik who were exposed to radiation resulting from the 1954 United States thermonuclear Bravo test, pursuant to Public Laws 95134 and 96205. Such medical care and its accompanying logistical support shall total $22,500,000 over the first 11 years of the Compact. (2) Agricultural and food programs Notwithstanding any other provision of law, upon the request of the Government of the Marshall Islands, for the first fifteen years after the effective date of the Compact, the President (either through an appropriate department or agency of the United States or by contract with a United States firm or by a grant to the Government of the Republic of the Marshall Islands which may further contract only with a United States firm or a Republic of the Marshall Islands firm, the owners, officers and majority of the employees of which are citizens of the United States or the Republic of the Marshall Islands) shall provide technical and other assistance (A) without reimbursement, to continue the planting and agricultural maintenance program on Enewetak; (B) without reimbursement, to continue the food programs of the Bikini, Rongelap, Utrik, and Enewetak people described in section 1(d) of Article II of the Subsidiary Agreement for the Implementation of Section 177 of the Compact and for continued waterborne transportation of agricultural products to Enewetak including operations and maintenance of the vessel used for such purposes. The President shall ensure the assistance provided under these programs reflects the changes in the population since the inception of such programs. (3) Payments Payments under this subsection shall be provided to such extent or in such amounts as are necessary for services and other assistance provided pursuant to this subsection. It is the sense of Congress that after the periods of time specified in paragraphs (1) and (2) of this subsection, consideration will be given to such additional funding for these programs as may be necessary. (i) Rongelap (1) Because Rongelap was directly affected by fallout from a 1954 United States thermonuclear test and because the Rongelap people remain unconvinced that it is safe to continue to live on Rongelap Island, it is the intent of Congress to take such steps (if any) as may be necessary to overcome the effects of such fallout on the habitability of Rongelap Island, and to restore Rongelap Island, if necessary, so that it can be safely inhabited. Accordingly, it is the expectation of the Congress that the Government of the Marshall Islands shall use such portion of the funds specified in Article II, section 1(e) of the subsidiary agreement for the implementation of section 177 of the Compact as are necessary for the purpose of contracting with a qualified scientist or group of scientists to review the data collected by the Department of Energy relating to radiation levels and other conditions on Rongelap Island resulting from the thermonuclear test. It is the expectation of the Congress that the Government of the Marshall Islands, after consultation with the people of Rongelap, shall select the party to review such data, and shall contract for such review and for submission of a report to the President of the United States and the Congress as to the results thereof. (2) The purpose of the review referred to in paragraph (1) of this subsection shall be to establish whether the data cited in support of the conclusions as to the habitability of Rongelap Island, as set forth in the Department of Energy report entitled: The Meaning of Radiation for Those Atolls in the Northern Part of the Marshall Islands That Were Surveyed in 1978, dated November 1982, are adequate and whether such conclusions are fully supported by the data. If the party reviewing the data concludes that such conclusions as to habitability are fully supported by adequate data, the report to the President of the United States and the Congress shall so state. If the party reviewing the data concludes that the data are inadequate to support such conclusions as to habitability or that such conclusions as to habitability are not fully supported by the data, the Government of the Marshall Islands shall contract with an appropriate scientist or group of scientists to undertake a complete survey of radiation and other effects of the nuclear testing program relating to the habitability of Rongelap Island. Such sums as are necessary for such survey and report concerning the results thereof and as to steps needed to restore the habitability of Rongelap Island are authorized to be made available to the Government of the Marshall Islands. (3) It is the intent of Congress that such steps (if any) as are necessary to restore the habitability of Rongelap Island and return the Rongelap people to their homeland will be taken by the United States in consultation with the Government of the Marshall Islands and, in accordance with its authority under the Constitution of the Marshall Islands, the Rongelap local government council. (j) Four atoll health care program (1) Services provided by the United States Public Health Service or any other United States agency pursuant to section 1(a) of Article II of the Agreement for the Implementation of Section 177 of the Compact (hereafter in this subsection referred to as the Section 177 Agreement) shall be only for services to the people of the Atolls of Bikini, Enewetak, Rongelap, and Utrik who were affected by the consequences of the United States nuclear testing program, pursuant to the program described in Public Law 95134 Public Law 96205 (2) At the end of the first year after the effective date of the Compact and at the end of each year thereafter, the providing agency or agencies shall return to the Government of the Marshall Islands any unexpended funds to be returned to the Fund Manager (as described in Article I of the Section 177 Agreement) to be covered into the Fund to be available for future use. (3) The Fund Manager shall retain the funds returned by the Government of the Marshall Islands pursuant to paragraph (2) of this subsection, shall invest and manage such funds, and at the end of 15 years after the effective date of the Compact, shall make from the total amount so retained and the proceeds thereof annual disbursements sufficient to continue to make payments for the provision of health services as specified in paragraph (1) of this subsection to such extent as may be provided in contracts between the Government of the Marshall Islands and appropriate United States providers of such health services. (k) Enjebi Community Trust Fund Notwithstanding any other provision of law, the Secretary of the Treasury shall establish on the books of the Treasury of the United States a fund having the status specified in Article V of the subsidiary agreement for the implementation of Section 177 of the Compact, to be known as the Enjebi Community Trust Fund (hereafter in this subsection referred to as the Fund), and shall credit to the Fund the amount of $7,500,000. Such amount, which shall be ex gratia, shall be in addition to and not charged against any other funds provided for in the Compact and its subsidiary agreements, this joint resolution, or any other Act. Upon receipt by the President of the United States of the agreement described in this subsection, the Secretary of the Treasury, upon request of the Government of the Marshall Islands, shall transfer the Fund to the Government of the Marshall Islands, provided that the Government of the Marshall Islands agrees as follows: (1) Enjebi trust agreement The Government of the Marshall Islands and the Enewetak Local Government Council, in consultation with the people of Enjebi, shall provide for the creation of the Enjebi Community Trust Fund and the employment of the manager of the Enewetak Fund established pursuant to the Section 177 Agreement as trustee and manager of the Enjebi Community Trust Fund, or, should the manager of the Enewetak Fund not be acceptable to the people of Enjebi, another United States investment manager with substantial experience in the administration of trusts and with funds under management in excess of 250 million dollars. (2) Monitor conditions Upon the request of the Government of the Marshall Islands, the United States shall monitor the radiation and other conditions on Enjebi and within one year of receiving such a request shall report to the Government of the Marshall Islands when the people of Enjebi may resettle Enjebi under circumstances where the radioactive contamination at Enjebi, including contamination derived from consumption of locally grown food products, can be reduced or otherwise controlled to meet whole body Federal radiation protection standards for the general population, including mean annual dose and mean 30-year cumulative dose standards. (3) Resettlement of Enjebi In the event that the United States determines that the people of Enjebi can within 25 years of January 14, 1986 (A) Establish a community on Enjebi Island for the use of the people of Enjebi. (B) Replant Enjebi with appropriate food-bearing and other vegetation. (4) Resettlement of other location In the event that the United States determines that within 25 years of January 14, 1986 (5) Interest from Fund Prior to and during the distribution of the corpus of the Fund pursuant to paragraphs (3) and (4) of this subsection, the people of Enjebi may, if they so request, receive the interest earned by the Fund on no less frequent a basis than quarterly. (6) Disclaimer of liability Neither under the laws of the Marshall Islands nor under the laws of the United States, shall the Government of the United States be liable for any loss or damage to person or property in respect to the resettlement of Enjebi by the people of Enjebi, pursuant to the provision of this subsection or otherwise. (l) Bikini Atoll cleanup (1) Declaration of policy The Congress hereby determines and declares that it is the policy of the United States, to be supported by the full faith and credit of the United States, that because the United States, through its nuclear testing and other activities, rendered Bikini Atoll unsafe for habitation by the people of Bikini, the United States will fulfill its responsibility for restoring Bikini Atoll to habitability, as set forth in paragraphs (2) and (3) of this subsection. (2) Cleanup funds There are hereby authorized to be appropriated such sums as are necessary to implement the settlement agreement of March 15, 1985 (3) Conditions of funding The funds referred to in paragraph (2) shall be made available pursuant to Article VI, Section 1 of the Compact Section 177 Agreement upon completion of the events set forth in the settlement agreement referred to in paragraph (2) of this subsection. (m) Agreement on audits In accordance with section 233 of the Compact, the President of the United States, in consultation with the Comptroller General of the United States, shall negotiate with the Government of the Marshall Islands an agreement which shall provide as follows: (1) General authority of GAO to audit (A) The Comptroller General of the United States (and his duly authorized representatives) shall have the authority to audit (i) all grants, program assistance, and other assistance provided to the Government of the Marshall Islands under Articles I and II of Title Two of the Compact; and (ii) any other assistance provided by the Government of the United States to the Government of the Marshall Islands. Such authority shall include authority for the Comptroller General to conduct or cause to be conducted any of the audits provided for in section 233 of the Compact. The authority provided in this paragraph shall continue for at least three years after the last such grant has been made or assistance has been provided. (B) The Comptroller General (and his duly authorized representatives) shall also have authority to review any audit conducted by or on behalf of the Government of the United States. In this connection, the Comptroller General shall have access to such personnel and to such records, documents, working papers, automated data and files, and other information relevant to such review. (2) GAO access to records (A) In carrying out paragraph (1), the Comptroller General (and his duly authorized representatives) shall have such access to the personnel and (without cost) to records, documents, working papers, automated data and files, and other information relevant to such audits. The Comptroller General may duplicate any such records, documents, working papers, automated data and files, or other information relevant to such audits. (B) Such records, documents, working papers, automated data and files, and other information regarding each such grant or other assistance shall be maintained for at least three years after the date such grant or assistance was provided and in a manner that permits such grants, assistance, and payments to be accounted for distinct from any other funds of the Government of the Marshall Islands. (3) Representative status for GAO representatives The Comptroller General and his duly authorized representatives shall be accorded the status set forth in Article V of Title One of the Compact. (4) Annual financial statements As part of the annual report submitted by the Government of the Marshall Islands under section 211 of the Compact, the Government shall include annual financial statements which account for the use of all of the funds provided by the Government of the United States to the Government under the Compact or otherwise. Such financial statements shall be prepared in accordance with generally accepted accounting procedures, except as may otherwise be mutually agreed. Not later than 180 days after the end of the United States fiscal year with respect to which such funds were provided, each such statement shall be submitted to the President for audit and transmission to the Congress. (5) Audits defined As used in this subsection, the term audits includes financial, program, and management audits, including determining (A) whether the Government of the Marshall Islands has met the requirements set forth in the Compact, or any related agreement entered into under the Compact, regarding the purposes for which such grants and other assistance are to be used; and (B) the propriety of the financial transactions of the Government of the Marshall Islands pursuant to such grants or assistance. (6) Cooperation by Marshall Islands The Government of the Marshall Islands will cooperate fully with the Comptroller General of the United States in the conduct of such audits as the Comptroller General determines necessary to enable the Comptroller General to fully discharge his responsibilities under this joint resolution. ( Pub. L. 99239, title I,  103 Jan. 14, 1986 99 Stat. 1778 Pub. L. 100446, title I,  115 Sept. 27, 1988 102 Stat. 1802 Pub. L. 102247, title III,  304 Feb. 24, 1992 106 Stat. 39 Pub. L. 105209,  2 July 29, 1998 112 Stat. 880  Editorial Notes  References in Text The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239 section 1901 of this title This joint resolution, referred to in subsecs. (a)(3), (e)(5), (k), and (m)(6), is Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title Section 2291(e) of title 22 section 2291(i) of title 22 Pub. L. 102583,  6(b)(2) Nov. 2, 1992 106 Stat. 4932 For Oct. 21, 1986 Nov. 3, 1986 Nov. 3, 1986 section 1801 of this title Public Law 95134 Pub. L. 95134 Oct. 15, 1977 91 Stat. 1159 Public Law 96205 Pub. L. 96205 Mar. 12, 1980 94 Stat. 84 Codification Section was formerly set out as a note under section 1681 of this title Amendments 1998Subsec. (h)(2). Pub. L. 105209,  2(1) Subsec. (h)(2)(B). Pub. L. 105209,  2(2) 1992Subsec. (h)(2). Pub. L. 102247 1988Subsec. (h)(2). Pub. L. 100446 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Tax Exemption for Enjebi Community Trust Fund Pub. L. 100647, title VI,  6136 Nov. 10, 1988 102 Stat. 3723  (a)  In General Any earnings on, and distributions from, the Enjebi Community Trust Fund created under section 103 of the Compact of Free Association Act of 1985 [ 48 U.S.C. 1903 (b)  Effective Date The provisions of subsection (a) shall apply to all taxable years whether beginning before, on, or after the date of the enactment of this Act [ Nov. 10, 1988 Medical Care and Treatment and Environmental Research and Monitoring Program for Inhabitants of Bikini, etc., Atolls for Injury, Illness, or Condition Resulting From Nuclear Weapons Testing by United States; Implementation Plan and Report Pub. L. 95134, title I,  106 Pub. L. 96205, title I,  102 Mar. 12, 1980 94 Stat. 84 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  (a) In addition to any other payments or benefits provided by law to compensate inhabitants of the atolls of Bikini, Enewetak, Rongelap, and Utirik, in the Marshall Islands, for radiation exposure or other losses sustained by them as a result of the United States nuclear weapons testing program at or near their atolls during the period 1946 to 1958, the Secretary of the Interior (hereinafter in this section referred to as the Secretary) shall provide for the people of the atolls of Bikini, Enewetak, Rongelap, and Utirik and for the people of such other atolls as may be found to be or to have been exposed to radiation from the nuclear weapons testing program, a program of medical care and treatment and environmental research and monitoring for any injury, illness, or condition which may be the result directly or indirectly of such nuclear weapons testing program. The program shall be implemented according to a plan developed by the Secretary in consultation with the Secretaries of Defense, Energy, and Health and Human Services and with the direct involvement of representatives from the people of each of the affected atolls and from the government of the Marshall Islands. The plan shall set forth, as appropriate to the situation, condition, and needs of the individual atoll peoples: (1) an integrated, comprehensive health care program including primary, secondary, and tertiary care with special emphasis upon the biological effects of ionizing radiation; (2) a schedule for the periodic comprehensive survey and analysis of the radiological status of the atolls to and at appropriate intervals, but not less frequently than once every five years, the development of an updated radiation dose assessment, together with an estimate of the risks associated with the predicted human exposure, for each such atoll; and (3) an education and information program to enable the people of such atolls to more fully understand nuclear radiation and its effects; (b) (1) The Secretary shall submit the plan to the Congress no later than January 1, 1981 (2) At the request of the Secretary, any Federal agency shall provide such information, personnel, facilities, logistical support, or other assistance as the Secretary deems necessary to carry out the functions of this program; the costs of all such assistance shall be reimbursed to the provider thereof out of the sums appropriated pursuant to this section. (3) All costs associated with the development and implementation of the plan shall be assumed by the Secretary of Energy and effective October 1, 1980 (c) The Secretary shall report to the appropriate committees of the Congress, and to the people of the affected atolls annually, or more frequently if necessary, on the implementation of the plan. Each such report shall include a description of the health status of the individuals examined and treated under the plan, an evaluation by the scientific advisory committee, and any recommendations for improvement of the plan. The first such report shall be submitted not later than January 1, 1982 Pub. L. 98213,  8 Dec. 8, 1983 97 Stat. 1460 The Secretary of the Interior is directed to implement the health care program required by section 106 of Public Law 95134 91 Stat. 1159  1904. Interpretation of and United States policy regarding Compact of Free Association (a) Human rights In approving the Compact, the Congress notes the conclusion in the Statement of Intent of the Report of The Future Political Status Commission of the Congress of Micronesia in July, 1969, that our recommendation of a free associated state is indissolubly linked to our desire for such a democratic, representative, constitutional government and notes that such desire and intention are reaffirmed and embodied in the Constitutions of the Federated States of Micronesia and the Marshall Islands. The Congress also notes and specifically endorses the preamble to the Compact, which affirms that the governments of the parties to the Compact are founded upon respect for human rights and fundamental freedoms for all. The Secretary of State shall include in the annual reports on the status of internationally recognized human rights in foreign countries, which are submitted to the Congress pursuant to sections 116 and 502B of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2151n (b) Immigration The rights of a bona fide naturalized citizen of the Marshall Islands or the Federated States of Micronesia to enter the United States, to lawfully engage therein in occupations, and to establish residence therein as a non-immigrant, pursuant to the provisions of section 141(a)(3) of the Compact, shall not extend to any such naturalized citizen with respect to whom circumstances associated with the acquisition of the status of a naturalized citizen are such as to allow a reasonable inference, on the part of appropriate officials of the United States and subject to United States procedural requirements, that such naturalized status was acquired primarily in order to obtain such rights. (c) Nonalienation of lands The Congress endorses and encourages the maintenance of the policies of the Government of the Federated States of Micronesia and the Government of the Marshall Islands to regulate, in accordance with their Constitutions and laws, the alienation of permanent and long-term interests in real property so as to restrict the acquisition of such interests to persons of Federated States of Micronesia citizenship and Marshall Islands citizenship, respectively. (d) Nuclear waste disposal In approving the Compact, the Congress understands that the Government of the Federated States of Micronesia and the Government of the Marshall Islands will not permit any other government or any nongovernmental party to conduct, in the Marshall Islands or in the Federated States of Micronesia, any of the activities specified in subsection (a) of section 314 of the Compact. (e) Impact of Compact on U.S. areas (1) Statement of congressional intent In approving the Compact, it is not the intent of the Congress to cause any adverse consequences for the United States territories and commonwealths or the State of Hawaii. (2) Annual reports and recommendations One year after January 14, 1986 (3) Other views In preparing the reports, the President shall request the views of the Government of the State of Hawaii, and the governments of each of the United States territories and commonwealths, the Federated States of Micronesia, the Marshall Islands, and Palau, and shall transmit the full text of any such views to the Congress as part of such reports. (4) Commitment of Congress to redress adverse consequences The Congress hereby declares that, if any adverse consequences to United States territories and commonwealths or 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. (5) United States territories and commonwealths defined As used in this subsection, the term United States territories and commonwealths means the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) Impact costs There are hereby authorized to be appropriated for fiscal years beginning after September 30, 1985 (f) Fisheries management In clarification of Title One, Article II, section 121(b)(1) of the Compact: (1) Nothing in the Compact or this joint resolution shall be interpreted as recognition by the United States of any claim by the Federated States of Micronesia or by the Marshall Islands to jurisdiction or authority over highly migratory species of fish during the time such species of fish are found outside the territorial sea of the Federated States of Micronesia or the Marshall Islands. (2) It is the understanding of Congress that none of the monies made available pursuant to the Compact or this joint resolution will be used by either the Federated States of Micronesia or the Marshall Islands for enforcement actions against any vessel of the United States on the basis of fishing by any such vessel for highly migratory species of fish outside the territorial sea of the Federated States of Micronesia or the Marshall Islands, respectively, in the absence of a licensing agreement. (3) Appropriate United States officials shall apply the policies and provisions of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 22 U.S.C. 1971 22 U.S.C. 1975 22 U.S.C. 2151 (4) For the purpose of paragraphs (1) and (3) of this subsection (A) The term vessel of the United States has the same meaning as provided in the first section of the Fishermens Protective Act of 1967 ( 22 U.S.C. 1971 (B) The terms fishing and highly migratory species have the same meanings as provided in paragraphs (10) and (14), 1 1 16 U.S.C. 1802(10) (5) (A) It is the policy of the United States of America (i) to negotiate and conclude with the governments of the Central, Western, and South Pacific Ocean, including the Federated States of Micronesia and the Marshall Islands, a regional licensing agreement setting forth agreed terms of access for United States tuna vessels fishing in the region; and (ii) that such an agreement should overcome existing jurisdictional differences and provide for a mutually beneficial relationship between the United States and the Pacific Island States that will promote the development of the tuna and other latent fisheries resources of the Central, Western, and South Pacific Ocean and the economic development of the region. (B) At such time as an agreement referred to in subparagraph (A) is submitted to the Senate for advice and consent to ratification, the Secretary of State, after consultation with the Secretary of Commerce and other interested agencies and concerned governments, shall submit to the Congress a proposed long term regional fisheries development program which may include, but not be limited to (i) exploration for, and stock assessment of, tuna and other fish; (ii) improvement of harvesting techniques; (iii) gear development; (iv) biological resource monitoring; (v) education and training in the field of fisheries; and (vi) regional and direct bilateral assistance in the field of fisheries. (g) Foreign loans The Congress hereby reaffirms the United States position that the United States Government is not responsible for foreign loans or debt obtained by the Governments of the Federated States of Micronesia and the Marshall Islands. ( Pub. L. 99239, title I,  104 Jan. 14, 1986 99 Stat. 1788 Pub. L. 104208, div. A, title I,  101(a) [title II,  211(b)] Sept. 30, 1996 110 Stat. 3009 Pub. L. 106504,  2 Nov. 13, 2000 114 Stat. 2311  Editorial Notes  References in Text The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239 section 1901 of this title This joint resolution and this Act, referred to in subsec. (f)(1) to (3), is Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (f)(3), is Pub. L. 94265 Apr. 13, 1976 90 Stat. 331 section 1801 of Title 16 The Fishermens Protective Act of 1967, referred to in subsec. (f)(3), is act Aug. 27, 1954, ch. 1018 68 Stat. 883 section 1971 of Title 22 The Foreign Assistance Act of 1961, referred to in subsec. (f)(3), is Pub. L. 87195 Sept. 4, 1961 75 Stat. 424 section 2151 of Title 22 Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act [ 16 U.S.C. 1802 Codification Section was formerly set out as a note under section 1681 of this title Amendments 2000Subsec. (e)(2). Pub. L. 106504 1996Subsec. (f)(3), (4)(B). Pub. L. 104208 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104208, div. A, title I,  101(a) [title II,  211(b)] Sept. 30, 1996 110 Stat. 3009 Oct. 11, 1996  1905. Supplemental provisions (a) Domestic program requirements Except as may otherwise be provided in this joint resolution, all United States Federal programs and services extended to or operated in the Federated States of Micronesia or the Marshall Islands are and shall remain subject to all applicable criteria, standards, reporting requirements, auditing procedures, and other rules and regulations applicable to such programs when operating in the United States (including its territories and commonwealths). (b) Relations with Federated States of Micronesia and Marshall Islands (1) The United States representatives to the Federated States of Micronesia and the Republic of the Marshall Islands pursuant to Article V of title I of the Compact shall be appointed by the President with the advice and consent of the Senate, and shall be under the supervision of the Secretary of State, who shall have responsibility for government to government relations between the United States and the Government with respect to whom they are appointed, consistent with the authority of the Secretary of the Interior as set forth in this section. (2) Except for programs or services provided by or through other federal agencies or officials to the Federated States of Micronesia or the Republic of the Marshall Islands, or for which residents thereof are eligible pursuant to the Compact or any other provision of this joint resolution, appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior. The Secretary of the Interior shall coordinate and monitor any programs or activities, including such activities for which funding is made directly to such other agencies, provided to the Federated States of Micronesia or the Republic of the Marshall Islands by agencies of the Government of the United States and related economic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an effective date pursuant to this resolution. Funds appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies, except that the Secretary of the Interior shall be able to reimburse Departments or agencies for purposes authorized by this joint resolution. (3) All programs and services provided to the Federated States of Micronesia and the Republic of the Marshall Islands by Federal agencies may be provided only after consultation with and under the supervision of the Secretary of the Interior, and the head of each Federal agency is directed to cooperate with the Secretary of the Interior and to make such personnel and services available as the Secretary of the Interior may request. (4) Any United States Government personnel assigned, on a temporary or permanent basis, to either the Federated States of Micronesia or the Marshall Islands shall, during the period of such assignment, be subject to the supervision of the United States representative to that area. (5) The President is hereby authorized to appoint an Interagency Group on Freely Associated States Affairs to provide policy guidance to federal departments and agencies. Such interagency group shall include the Secretary of the Interior and the Secretary of State. (c) Continuing Trust Territory authorization The authorization provided by the Act of June 30, 1954 68 Stat. 330 (1) Prior to October 1, 1986 (2) Transition purposes, including but not limited to, completion of projects and fulfillment of commitments or obligations; termination of the Trust Territory Government and termination of the High Court; health and education as a result of exceptional circumstances; ex gratia contributions for the populations of Bikini, Enewetak, Rongelap, and Utrik; and technical assistance and training in financial management, program administration, and maintenance of infrastructure, except that, for purposes of an orderly reduction of United States programs and services in the Federated States of Micronesia, the Marshall Islands, and Palau, United States programs or services not specifically authorized by the Compact of Free Association or by other provisions of law may continue but, unless reimbursed by the respective freely associated state, not in excess of the following amounts: (1) For fiscal year 1987, an amount not to exceed 75 per centum of the total amount appropriated for such programs for fiscal year 1986; (2) For fiscal year 1988, an amount not to exceed 50 per centum of the total amount appropriated for such programs for fiscal year 1986; (3) For fiscal year 1989, an amount not to exceed 25 per centum of the total amount appropriated for such programs for fiscal year 1986. (d) Medical referral debts (1) Federated States of Micronesia In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with respect to the Federated States of Micronesia, the United States shall make available to the Government of the Federated States of Micronesia such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, including any territories and commonwealths, by citizens of the Federated States of Micronesia before September 1, 1985 (2) Marshall Islands In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with respect to the Marshall Islands, the United States shall make available to the Government of the Marshall Islands such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, its territories and commonwealths by citizens of the Marshall Islands before September 1, 1985 (3) Use of funds In making funds available pursuant to this subsection, the President shall take such actions as he deems necessary to assure that the funds are used only for the payment of the medical expenses described in paragraph (1) or (2) of this subsection, as the case may be. (4) Authorization of appropriations There are hereby authorized to be appropriated such sums as may be necessary for the purposes of this subsection. (e) Survivability In furtherance of the provisions of Title Four, Article V, sections 452 and 453 of the Compact, any provisions of the Compact which remain effective after the termination of the Compact by the act of any party thereto and which are affected in any manner by provisions of this part shall remain subject to such provisions. (f) Registration for agents of Governments of Federated States of Micronesia and Marshall Islands (1) In general Notwithstanding the provisions of Title One, Article V, section 153 of the Compact, after approval of the Compact any citizen of the United States who, without authority of the United States, acts as the agent of the Government of the Marshall Islands or the Federated States of Micronesia with regard to matters specified in the provisions of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 (2) Exception Paragraph (1) of this subsection shall not apply to a citizen of the United States employed by either the Government of the Marshall Islands or the Government of the Federated States of Micronesia with respect to whom the employing Government from time to time certifies to the Government of the United States that such citizen is an employee of the Government of the Marshall Islands or the Government of the Federated States of Micronesia (as the case may be) whose principal duties are other than those matters specified in the Foreign Agents Registration Act of 1938, as amended [ 22 U.S.C. 611 (3) Resident representative exemption Nothing in this subsection shall be construed as amending Section 152(b) of the Compact. (g) Noncompliance sanctions (1) Authority of President The President of the United States shall have no authority to suspend or withhold payments or assistance with respect to (A) section 177, 213, 216(a)(2), 216(a)(3), 221(b), or 223 of the Compact, or (B) any agreements made pursuant to such sections of the Compact, unless such suspension or withholding is imposed as a sanction due to noncompliance by the Government of the Federated States of Micronesia or the Government of the Marshall Islands (as the case may be) with the obligations and requirements of such sections of the Compact or such agreements. (2) Actions incompatible with United States authority The Congress expresses its understanding that the Governments of the Federated States of Micronesia and the Marshall Islands will not act in a manner incompatible with the authority and responsibility of the United States for security and defense matters in or related to the Federated States of Micronesia or the Marshall Islands pursuant to the Compact, including the agreements referred to in sections 462(j) and 462(k) thereof. The Congress further expresses its intention that any such act on the part of either such Government will be viewed by the United States as a material breach of the Compact. The Government of the United States reserves the right in the event of such a material breach of the Compact by the Government of the Federated States of Micronesia or the Government of the Marshall Islands to take action, including (but not limited to) the suspension in whole or in part of the obligations of the Government of the United States to that Government. (h) Continuing programs and laws (1) Federated States of Micronesia and Marshall Islands In addition to the programs and services set forth in section 221 of the Compact, and pursuant to section 224 of the Compact, the programs and services of the following agencies shall be made available to the Federated States of Micronesia and to the Marshall Islands: (A) the Legal Services Corporation; (B) the Public Health Service; and (C) the Farmers Home Administration (in the Marshall Islands and each of the four States of the Federated States of Micronesia: Provided (2) Palau Upon the effective date of the Compact, the laws of the United States generally applicable to the Trust Territory of the Pacific Islands shall continue to apply to the Republic of Palau and the Republic of Palau shall be eligible for such proportion of Federal assistance as it would otherwise have been eligible to receive under such laws prior to the effective date of the Compact, as provided in appropriation Acts or other Acts of Congress. (3) Section 219 determination The determination by the Government of the United States under section 219 of the Compact shall be as provided in appropriation Acts. (4) Tort claims (A) At such time as the Trusteeship Agreement ceases to apply to either the Federated States of Micronesia or the Marshall Islands, the provisions of Section 178 of the Compact regarding settlement and payment of tort claims shall apply to employees of any federal agency of the Government of the United States which provides any service or carries out any other function pursuant to or in furtherance of any provisions of the Compact or this Act, except for provisions of Title Three of the Compact and of the subsidiary agreements related to such Title, in such area to which such Agreement formerly applied. For purposes of this subparagraph (B), 1 1 (B) For purposes of the Federal Tort Claims Act ( 28 U.S.C. 2671 Public Law 95134 Public Law 96205 (5) Federal education grants Pursuant to section 224 of the Compact or section 224 of the Compact with Palau (as contained in title II of Public Law 99658 20 U.S.C. 1070 Public Law 99658 (5)  2 2 The programs and services of the Environmental Protection Agency regarding PCBs shall, to the extent applicable, as appropriate, and in accordance with applicable law, be construed to be made available to such islands. (i) College of Micronesia; education programs (1) College of Micronesia Notwithstanding any other provision of law, all funds which as of January 14, 1986 (2) Federal education programs Pursuant to section 224 of the Compact and upon the request of the affected Government, any Federal program providing financial assistance for education which, as of January 1, 1985 (A) For the fiscal year in which the Compact becomes effective, not to exceed $13,000,000; (B) For the fiscal year beginning after the end of the fiscal year in which the Compact becomes effective, not to exceed $8,700,000; and (C) For the fiscal year immediately following the fiscal year described in subparagraph (B), not to exceed $4,300,000. (3) Authorization of appropriations There are hereby authorized to be appropriated such sums as are necessary for purposes of this subsection. (j) Trust Territory debts to U.S. Federal agencies Neither the Government of the Federated States of Micronesia nor the Government of the Marshall Islands shall be required to pay to any department, agency, independent agency, office, or instrumentality of the United States any amounts owed to such department, agency, independent agency, office, or instrumentality by the Government of the Trust Territory of the Pacific Islands as of the effective date of the Compact. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection. (k) Use of DOD medical facilities Following approval of the Compact, the Secretary of Defense shall make available the medical facilities of the Department of Defense for use by citizens of the Federated States of Micronesia and the Marshall Islands who are properly referred to such facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia and the Marshall Islands. The Secretary of Defense is hereby authorized to cooperate with such authorities in order to permit use of such medical facilities for persons properly referred by such authorities. The Secretary of Health and Human Services is hereby authorized and directed to continue to make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia and the Marshall Islands to the same extent and for so long as such services are authorized to be provided to persons residing in any other areas within or outside the United States. (l) Technical assistance Technical assistance may be provided pursuant to section 226 of the Compact by Federal agencies and institutions of the Government of the United States to the extent such assistance may be provided to States, territories, or units of local government. Such assistance by the Forest Service, the Soil Conservation Service, the Fish and Wildlife Service, the National Marine Fisheries Service, the United States Coast Guard, and the Advisory Council on Historic Preservation, the Department of the Interior, and other agencies providing assistance under division A of subtitle III of title 54, shall be on a nonreimbursable basis. During the period the Compact is in effect, the grant programs under the National Historic Preservation Act shall continue to apply to the Federated States of Micronesia and the Marshall Islands in the same manner and to the same extent as prior to the approval of the Compact. Funds provided pursuant to sections 1902(a), 1903(a), 1903(c), 1903(h), 1903(i), 1903(j), and 1903( l l o (m) Prior Service Benefits Program Notwithstanding any other provision of law, persons who on January 1, 1985 July 1, 1968 (n) Indefinite land use payments There are authorized to be appropriated such sums as may be necessary to complete repayment by the United States of any debts owed for the use of various lands in the Federated States of Micronesia and the Marshall Islands prior to January 1, 1985 (o) Communicable disease control program There are authorized to be appropriated for grants to the Government of the Federated States of Micronesia such sums as may be necessary for purposes of establishing or continuing programs for the control and prevention of communicable diseases, including (but not limited to) cholera and Hansens Disease. The Secretary of the Interior shall assist the Government of the Federated States of Micronesia in designing and implementing such a program. (p) Trust funds The responsibilities of the United States with regard to implementation of section 235 of the Compact shall be discharged by the Secretary of the Interior, who shall consult with the Government of the Marshall Islands and the designated beneficiaries of the funds held in trust by the High Commissioner of the Trust Territory of the Pacific Islands. (q) Omitted (r) User fees Any person in the Federated States of Micronesia or the Marshall Islands shall be liable for user fees, if any, for services provided in the Federated States of Micronesia or the Marshall Islands by the Government of the United States to the same extent as any person in the United States would be liable for fees, if any, for such services in the United States. ( Pub. L. 99239, title I,  105 Jan. 14, 1986 99 Stat. 1791 Pub. L. 99396,  20(a) Aug. 27, 1986 100 Stat. 844 Pub. L. 99658, title I,  104(c) Nov. 14, 1986 100 Stat. 3676 Pub. L. 100369,  9 July 18, 1988 102 Stat. 837 Pub. L. 102486, title XXVII,  2704 Oct. 24, 1992 106 Stat. 3120 Pub. L. 113287,  5 o Dec. 19, 2014 128 Stat. 3272  Editorial Notes  References in Text This joint resolution and this Act, referred to in subsecs. (a), (b)(2), (c)(1), and (h)(4), is Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239 section 1901 of this title For Oct. 21, 1986 Nov. 3, 1986 Nov. 3, 1986 section 1801 of this title Act of June 30, 1954 act June 30, 1954, ch. 423 68 Stat. 330 section 1681 of this title The Foreign Agents Registration Act of 1938, referred to in subsec. (f)(1), (2), is act June 8, 1938, ch. 327 52 Stat. 631 section 611 of Title 22 The Federal Tort Claims Act, referred to in subsec. (h)(4)(B), is title IV of act Aug. 2, 1946, ch. 753 60 Stat. 842 Aug. 2, 1946 act June 25, 1948, ch. 646 62 Stat. 992 Public Law 95134 Pub. L. 95134 Oct. 15, 1977 91 Stat. 1159 Public Law 96205 Pub. L. 96205 Mar. 12, 1980 94 Stat. 84 The Compact with Palau, referred to in subsec. (h)(5), is the Compact of Free Association with Palau, which is contained in section 201 of Pub. L. 99658 section 1931 of this title Public Law 99658 Pub. L. 99658 Nov. 14, 1986 100 Stat. 3672 Pub. L. 99658 section 1934 of this title section 1931 of this title The Higher Education Act of 1965, referred to in subsec. (h)(5), is Pub. L. 89329 Nov. 8, 1965 79 Stat. 1219 section 1001 of Title 20 Codification Subsec. (q) of this section, which required the President to report annually to Congress on determinations made by the United States in the exercise of its authority under section 313 of the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, terminated, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Section was formerly set out as a note under section 1681 of this title Amendments 2014Subsec. ( l Pub. L. 113287 80 Stat. 915 16 U.S.C. 470470t 1992Subsec. (h)(5). Pub. L. 102486 1988Subsec. (h)(5). Pub. L. 100369 1986Subsec. (b)(2). Pub. L. 99396 Subsec. (c)(2). Pub. L. 99658 Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Federated States of Micronesia and Marshall Islands; Programs and Services Provided on Nonreimbursable Basis Pub. L. 99396,  20(b) Aug. 27, 1986 100 Stat. 844 The programs and services specified in section 105(h)(1), sections [sic] 105(i)(1) and (2), section 111(a) [ 48 U.S.C. 1905(h)(1) 54 U.S.C. 300101 l Public Law 99239 Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1906. Construction contract assistance (a) Assistance to U.S. firms In order to assist the Governments of the Federated States of Micronesia and of the Marshall Islands through private sector firms which may be awarded contracts for construction or major repair of capital infrastructure within the Federated States of Micronesia or the Republic of the Marshall Islands, the President shall consult with the Governments of the Federated States of Micronesia and the Marshall Islands with respect to any such contracts, and the President shall enter into agreements with such firms whereby such firms will, consistent with applicable requirements of such Governments (1) to the maximum extent possible, employ citizens of the Federated States of Micronesia and the Marshall Islands; (2) to the extent that necessary skills are not possessed by citizens of the Federated States of Micronesia and the Marshall Islands, provide on the job training, with particular emphasis on the development of skills relating to operation of machinery and routine and preventative maintenance of machinery and other facilities; and (3) provide specific training or other assistance in order to enable the Government to engage in long-term maintenance of infrastructure. Assistance by such firms pursuant to this section may not exceed 20 percent of the amount of the contract and shall be made available only to such firms which meet the definition of United States firm under the nationality rule for suppliers of services of the Agency for International Development (hereafter in this section referred to as United States firms). There are authorized to be appropriated such sums as may be necessary for the purposes of this subsection. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to cover any additional costs incurred by the Government of the Federated States of Micronesia or the Republic of the Marshall Islands if such Governments, pursuant to an agreement entered into with the United States, apply a preference on the award of contracts to United States firms, provided that the amount of such preference does not exceed 10 percent of the amount of the lowest qualified bid from a non-United States firm for such contract. ( Pub. L. 99239, title I,  106 Jan. 14, 1986 99 Stat. 1797  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title  1907. Limitations (a) Prohibition The provisions of Chapter 11 of title 18 shall apply in full to any individual who has served as the Presidents Personal Representative for Micronesian Status Negotiations or who is or was an officer or employee of the Office for Micronesian Status Negotiations or who is or was assigned or detailed to that Office or who served on the Micronesia Interagency Group, except that for the purposes of this section, clauses (i) and (ii) of section 207(b) 1 1 (b) Termination Effective upon the date of the termination of the Trust Territory of the Pacific Islands with respect to Palau, the Office for Micronesian Status Negotiations is abolished and no department, agency, or instrumentality of the United States shall thereafter contribute funds for the support of such Office. ( Pub. L. 99239, title I,  107 Jan. 14, 1986 99 Stat. 1797  Editorial Notes  References in Text Section 207 of title 18 Pub. L. 101194, title I,  101(a) Nov. 30, 1989 103 Stat. 1716 section 207 of Title 18 Pub. L. 101194 section 207 of Title 18 Codification Section was formerly set out as a note under section 1681 of this title Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands with respect to Palau, see note set out preceding section 1681 of this title  1908. Transitional immigration rules (a) Citizen of Northern Mariana Islands Any person who is a citizen of the Northern Mariana Islands, as that term is defined in section 24(b) of the Act of December 8, 1983 97 Stat. 1465 (b) Termination The provisions of this section shall cease to be effective when section 301 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States ( Public Law 94241 ( Pub. L. 99239, title I,  108 Jan. 14, 1986 99 Stat. 1798  Editorial Notes  References in Text Section 24(b) of the Act of December 8, 1983 Pub. L. 98213,  24(b) Dec. 8, 1983 97 Stat. 1465 section 1801 of this title The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States, referred to in subsec. (b), is contained in section 1 of Pub. L. 94241 section 1801 of this title November 4, 1986 Nov. 3, 1986 section 1801 of this title Public Law 94241 Pub. L. 94241 Mar. 24, 1976 90 Stat. 263 Codification Section was formerly set out as a note under section 1681 of this title  1909. Timing  No payment may be made pursuant to the Compact nor under any provision of this joint resolution prior to October 1, 1985 ( Pub. L. 99239, title I,  109 Jan. 14, 1986 99 Stat. 1798  Editorial Notes  References in Text The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239 section 1901 of this title This joint resolution, referred to in text, is Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title Codification Section was formerly set out as a note under section 1681 of this title  1910. Implementation of audit agreements (a) Transmission of annual financial statement Upon receipt of the annual financial statement described in sections 1902(c)(4) and 1903(m)(4) of this title, the President shall promptly transmit a copy of such statement to the Congress. (b) Annual audits by President (1) The President shall cause an annual audit to be conducted of the annual financial statements described in sections 1902(c)(4) and 1903(m)(4) of this title. Such audit shall be conducted in accordance with the Generally Accepted Government Auditing Standards promulgated by the Comptroller General of the United States. Such audit shall be submitted to the Congress not later than 180 days after the end of the United States fiscal year. (2) The President shall develop and implement procedures to carry out such audits. Such procedures shall include the matters described in sections 1902(c)(2) and 1903(m)(2) of this title. (c) Authority of GAO The Comptroller General of the United States shall have the authority to conduct the audits referred to in sections 1902(c)(1) and 1903(m)(1) of this title. ( Pub. L. 99239, title I,  110 Jan. 14, 1986 99 Stat. 1798  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  1911. Compensatory adjustments (a) Additional programs and services In addition to the programs and services set forth in Section 221 of the Compact, and pursuant to Section 224 of the Compact, the services and programs of the following U.S. agencies shall be made available to the Federated States of Micronesia and the Marshall Islands: The Federal Deposit Insurance Corporation, Small Business Administration, Economic Development Administration, the Rural Electrification Administration, Job Partnership Training Act, Job Corps, and the programs and services of the Department of Commerce relating to tourism and to marine resource development. (b) Investment Development Funds (1) In order to further close economic and commercial relations between the United States and the Federated States of Micronesia and the Marshall Islands, and in order to encourage the presence of the United States private sector in such areas, there are hereby created two Investment Development Funds, to be established and administered by the Federated States of Micronesia and the Marshall Islands respectively in consultation with the United States as follows: (i) For the Investment Development Fund for the Federated States of Micronesia there is hereby authorized to be appropriated for fiscal 1986, $20 million, backed by the full faith and credit of the United States, of which $12 million shall be made available for obligation for the first full fiscal year after the effective date of the Compact, and of which $8 million shall be made available for obligation for the third full fiscal year after the effective date of the Compact. (ii) For the Investment Development Fund for the Marshall Islands there is hereby authorized to be appropriated $10 million for fiscal 1986, backed by the full faith and credit of the United States, of which $6 million for the first full fiscal year after the effective date of the Compact, and of which $4 million shall be made available for obligation for the third full fiscal year after the effective date of the Compact. (2) The amounts specified in this subsection shall be in addition to the sums and amounts specified in Articles I and III of Title Two of the Compact, and shall be deemed to be included in the sums and amounts referred to in section 236 of the Compact. (c) Board of Advisors To provide policy guidance for the Funds established by subsection (b) of this section, the President is hereby authorized to establish a Board of Advisors, pursuant to appropriate agreements between the United States and the Federated States of Micronesia and the Marshall Islands. (d) Further amounts The governments of the Federated States of Micronesia and the Marshall Islands may submit to Congress reports concerning the overall financial and economic impacts on such areas resulting from the effect of Title IV of this joint resolution upon Title Two of the Compact. There are hereby authorized to be appropriated for fiscal years beginning after September 30, 1990 ( Pub. L. 99239, title I,  111 Jan. 14, 1986 99 Stat. 1799  Editorial Notes  References in Text The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239 section 1901 of this title The Job Partnership Training Act, referred to in subsec. (a), probably means the Job Training Partnership Act, Pub. L. 97300 Oct. 13, 1982 96 Stat. 1322 Pub. L. 105220, title I,  199(b)(2) Aug. 7, 1998 112 Stat. 1059 July 1, 2000 section 2940(b) of Title 29 Aug. 7, 1998 Pub. L. 105220 Aug. 7, 1998 112 Stat. 936 July 1, 2000 Pub. L. 113128, title V,  511(a) July 22, 2014 128 Stat. 1705 July 1, 2015 section 3361(a) of Title 29 Pub. L. 113128 July 22, 2014 128 Stat. 1425 July 1, 2015 section 3101 of Title 29 For Oct. 21, 1986 Nov. 3, 1986 Nov. 3, 1986 section 1801 of this title This joint resolution, referred to in subsec. (d), is Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title section 1901 of this title Codification Section was formerly set out as a note under section 1681 of this title  1912. Jurisdiction (a) With respect to section 321 of the Compact of Free Association and its related agreements, the jurisdictional provisions set forth in subsection (b) of this section shall apply only to the citizens and nationals of the United States and aliens lawfully admitted to the United States for permanent residence who are in the Marshall Islands or the Federated States of Micronesia. (b) (1) The defense sites of the United States established in the Marshall Islands or the Federated States of Micronesia in accordance with the Compact of Free Association and its related agreements are within the special maritime and territorial jurisdiction of the United States as set forth in section 7, title 18. (2) Any person referred to in subsection (a) of this section who within or upon such defense sites is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State of Hawaii by the laws thereof, in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. (3) The United States District Court for the District of Hawaii shall have jurisdiction to try all criminal offenses against the United States, including the laws of the State of Hawaii made applicable to the defense sites in the Marshall Islands or the Federated States of Micronesia by virtue of paragraph (2) of this subsection, committed by any person referred to in subsection (a) of this section. (4) The United States District Court for the District of Hawaii may appoint one or more magistrate judges for the defense sites in the Marshall Islands. Such Magistrate Judges shall have the power and the status of Magistrate Judges appointed pursuant to chapter 43, title 28, provided, however that such Magistrate Judges shall have the power to try persons accused of and sentence persons convicted of petty offenses, as defined in section 1(3), 1 1 ( Pub. L. 99239, title II,  202 Jan. 14, 1986 99 Stat. 1835 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Editorial Notes  References in Text The Compact of Free Association, referred to in subsecs. (a) and (b)(1), is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239 section 1901 of this title Section 1 of title 18 Pub. L. 98473, title II,  218(a)(1) Oct. 12, 1984 98 Stat. 2027 Codification Section was formerly set out as a note under section 1681 of this title Section was enacted as part of title II of Pub. L. 99239 Pub. L. 99239 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judges and Magistrate Judges substituted for magistrates and Magistrates, respectively, wherever appearing in subsec. (b)(4) pursuant to section 321 of Pub. L. 101650 section 631 of Title 28 Part B Approval and Implementation of Compacts, As Amended  1921. Approval of U.S.-FSM Compact of Free Association and the U.S.-RMI Compact of Free Association; references to subsidiary agreements or separate agreements (a) Federated States of Micronesia The Compact of Free Association, as amended with respect to the Federated States of Micronesia and signed by the United States and the Government of the Federated States of Micronesia and set forth in Title II (section 201(a)) of this joint resolution, is hereby approved, and Congress hereby consents to the subsidiary agreements and amended subsidiary agreements listed in section 462 of the U.S.-FSM Compact, 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 (b) Republic of the Marshall Islands The Compact of Free Association, as amended with respect to the Republic of the Marshall Islands and signed by the United States and the Government of the Republic of the Marshall Islands and set forth in Title II (section 201(b)) of this joint resolution, is hereby approved, and Congress hereby consents to the subsidiary agreements and amended subsidiary agreements listed in section 462 of the U.S.-RMI Compact, 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 (c) References to the Compact, the U.S.-FSM Compact, and the U.S.-RMI Compact; References to subsidiary agreements or separate agreements (1) Any reference in this joint resolution (except references in Title II) to the Compact shall be treated as a reference to the Compact of Free Association set forth in title II of Public Law 99239 January 14, 1986 99 Stat. 1770 (2) Any reference to the term subsidiary agreements or separate agreements in this joint resolution shall be treated as a reference to agreements listed in section 462 of the U.S.-FSM Compact and the U.S.-RMI Compact, and any other agreements that the United States may from time to time enter into with either the Government of the Federated States of Micronesia or the Government of the Republic of the Marshall Islands, or with both such governments in accordance with the provisions of the U.S.-FSM Compact and the U.S.-RMI Compact. (d) Amendment, change, or termination in the U.S.-FSM compact and U.S.-RMI compact and certain agreements (1) Any amendment, change, or termination by mutual agreement or by unilateral action of the Government of the United States of all or any part of the U.S.-FSM Compact or U.S.-RMI Compact shall not enter into force until after Congress has incorporated it in an Act of Congress. (2) The provisions of paragraph (1) shall apply (A) to all actions of the Government of the United States under the U.S.-FSM Compact or U.S.-RMI Compact including, but not limited to, actions taken pursuant to sections 431, 441, or 442; (B) to any amendment, change, or termination in the Agreement Between the Government of the United States and the Government of the Federated States of Micronesia Regarding Friendship, Cooperation and Mutual Security Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association referred to in section 462(a)(2) of the U.S.-FSM Compact and the Agreement Between the Government of the United States and the Government of the Marshall Islands Regarding Mutual Security Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association referred to in section 462(a)(5) of the U.S.-RMI Compact; (C) to any amendment, change, or termination of the agreements concluded pursuant to Compact section 177, and section 215(a) of the U.S.-FSM Compact and section 216(a) of the U.S.-RMI Compact, the terms of which are incorporated by reference into the U.S.-FSM Compact and the U.S.-RMI Compact; and (D) to the following subsidiary agreements, or portions thereof: (i) Articles III, IV, and X of the agreement referred to in section 462(b)(6) of the U.S.-RMI Compact. (ii) Article III and IV of the agreement referred to in section 462(b)(6) of the U.S.-FSM Compact. (iii) Articles VI, XV, and XVII of the agreement referred to in section 462(b)(7) of the U.S.-FSM Compact and U.S.-RMI Compact. (e) Subsidiary agreements deemed bilateral For purposes of implementation of the U.S.-FSM Compact and the U.S.-RMI Compact and this joint resolution, the Agreement Concluded Pursuant to Section 234 of the Compact of Free Association and referred to in section 462(a)(1) of the U.S.-FSM Compact and section 462(a)(4) of the U.S.-RMI Compact shall be deemed to be a bilateral agreement between the United States and each other party to such subsidiary agreement. The consent or concurrence of any other party shall not be required for the effectiveness of any actions taken by the United States in conjunction with either the Federated States of Micronesia or the Republic of the Marshall Islands which are intended to affect the implementation, modification, suspension, or termination of such subsidiary agreement (or any provision thereof) as regards the mutual responsibilities of the United States and the party in conjunction with whom the actions are taken. (f) Entry into force of future amendments to subsidiary agreements No agreement between the United States and the government of either the Federated States of Micronesia or the Republic of the Marshall Islands which would amend, change, or terminate any subsidiary agreement or portion thereof, other than those set forth in subsection (d) of this section shall enter into force until 90 days after the President has transmitted such agreement to the President of the Senate and the Speaker of the House of Representatives together with an explanation of the agreement and the reasons therefor. In the case of the agreement referred to in section 462(b)(3) of the U.S.-FSM Compact and the U.S.-RMI Compact, such transmittal shall include a specific statement by the Secretary of Labor as to the necessity of such amendment, change, or termination, and the impact thereof. ( Pub. L. 108188, title I,  101 Dec. 17, 2003 117 Stat. 2723 Pub. L. 110229, title VIII,  801(a) May 8, 2008 122 Stat. 869  Editorial Notes  References in Text The Compact of Free Association, as amended with respect to the Federated States of Micronesia and signed by the United States and the Government of the Federated States of Micronesia and set forth in Title II (section 201(a)) of this joint resolution, referred to in subsecs. (a) and (c)(1), is contained in section 201(a) of Pub. L. 108188 This joint resolution, referred to in text, is Pub. L. 108188 Dec. 17, 2003 117 Stat. 2720 section 1901 of this title section 3101 of Title 5 section 1901 of this title The Compact of Free Association, as amended with respect to the Republic of the Marshall Islands and signed by the United States and the Government of the Republic of the Marshall Islands and set forth in Title II (section 201(b)) of this joint resolution, referred to in subsecs. (b) and (c)(1), is contained in section 201(b) of Pub. L. 108188 Amendments 2008Subsec. (a). Pub. L. 110229,  801(a)(1) June 30, 2004 Subsec. (b). Pub. L. 110229,  801(a)(2) June 18, 2004 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Pub. L. 110229, title VIII,  801(b) May 8, 2008 122 Stat. 870 The amendments made by this section [amending this section] shall be effective as of the date that is 180 days after the date of enactment of this Act [ May 8, 2008 Extension of Certain Provisions of Federal Programs and Services Agreements Pub. L. 11815, div. B, title I,  2101(b) Sept. 30, 2023 137 Stat. 81 During the period beginning on October 1, 2023 48 U.S.C. 1921 Public Law 108188 Pub. L. 108188 Clarification of Tax-Free Status of Trust Funds Pub. L. 110229, title VIII,  809 May 8, 2008 122 Stat. 874 In the U.S.RMI Compact [ section 201(b) of Pub. L. 108188 section 201(a) of Pub. L. 108188 Recital Clauses Pub. L. 108188 Dec. 17, 2003 117 Stat. 2723 section 3101 of Title 5 Whereas the United States (in accordance with the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the United Nations Charter, and the objectives of the international trusteeship system of the United Nations) fulfilled its obligations to promote the development of the people of the Trust Territory toward self-government or independence as appropriate to the particular circumstances of the Trust Territory and its peoples and the freely expressed wishes of the peoples concerned; Whereas the United States, the Federated States of Micronesia, and the Republic of the Marshall Islands entered into the Compact of Free Association set forth in title II of Public Law 99239 January 14, 1986 99 Stat. 1770 section 1901 of this title Whereas the United States, in accordance with section 231 of the Compact of Free Association entered into negotiations with the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands to provide continued United States assistance and to reaffirm its commitment to this close and beneficial relationship; and Whereas these negotiations, in accordance with section 431 of the Compact, resulted in 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 [set out below], and 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 [set out below], which, together with their related agreements, were signed by the Government of the United States and the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands on May 14, and April 30, 2003 Compact of Free Association, as Amended, Between the Government of the United States of America and the Government of the Federated States of Micronesia Pub. L. 108188, title II,  201(a) Dec. 17, 2003 117 Stat. 2757 Pub. L. 110229, title VIII,  806(b)(1) May 8, 2008 122 Stat. 871  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 is as follows: Preamble the government of the united states of america and the government of the federated states of micronesia Affirming that their Governments and their relationship as Governments are founded upon respect for human rights and fundamental freedoms for all, and that the people of the Federated States of Micronesia have the right to enjoy self-government; and Affirming the common interests of the United States of America and the Federated States of Micronesia in creating and maintaining their close and mutually beneficial relationship through the free and voluntary association of their respective Governments; and Affirming the interest of the Government of the United States in promoting the economic advancement and budgetary self-reliance of the Federated States of Micronesia; and Recognizing that their relationship until the entry into force on November 3, 1986 Recognizing that the Compact reflected their common desire to terminate the Trusteeship and establish a government-to-government relationship which was in accordance with the new political status based on the freely expressed wishes of the people of the Federated States of Micronesia and appropriate to their particular circumstances; and Recognizing that the people of the Federated States of Micronesia have and retain their sovereignty and their sovereign right to self-determination and the inherent right to adopt and amend their own Constitution and form of government and that the approval of the entry of the Government of the Federated States of Micronesia into the Compact by the people of the Federated States of Micronesia constituted an exercise of their sovereign right to self-determination; and Recognizing the common desire of the people of the United States and the people of the Federated States of Micronesia to maintain their close government-to-government relationship, the United States and the Federated States of Micronesia: NOW, THEREFORE, MUTUALLY AGREE to continue and strengthen their relationship of free association by amending the Compact, which continues to provide a full measure of self-government for the people of the Federated States of Micronesia; and FURTHER AGREE that the relationship of free association derives from and is as set forth in this Compact, as amended, by the Governments of the United States and the Federated States of Micronesia; and that, during such relationship of free association, the respective rights and responsibilities of the Government of the United States and the Government of the Federated States of Micronesia in regard to this relationship of free association derive from and are as set forth in this Compact, as amended. TITLE ONE GOVERNMENTAL RELATIONS Article I Self-Government Section 111 The people of the Federated States of Micronesia, acting through the Government established under their Constitution, are self-governing. Article II Foreign Affairs Section 121 (a) The Government of the Federated States of Micronesia has the capacity to conduct foreign affairs and shall do so in its own name and right, except as otherwise provided in this Compact, as amended. (b) The foreign affairs capacity of the Government of the Federated States of Micronesia includes: (1) the conduct of foreign affairs relating to law of the sea and marine resources matters, including the harvesting, conservation, exploration or exploitation of living and non-living resources from the sea, seabed or subsoil to the full extent recognized under international law; (2) the conduct of its commercial, diplomatic, consular, economic, trade, banking, postal, civil aviation, communications, and cultural relations, including negotiations for the receipt of developmental loans and grants and the conclusion of arrangements with other governments and international and intergovernmental organizations, including any matters specially benefiting its individual citizens. (c) The Government of the United States recognizes that the Government of the Federated States of Micronesia has the capacity to enter into, in its own name and right, treaties and other international agreements with governments and regional and international organizations. (d) In the conduct of its foreign affairs, the Government of the Federated States of Micronesia confirms that it shall act in accordance with principles of international law and shall settle its international disputes by peaceful means. Section 122 The Government of the United States shall support applications by the Government of the Federated States of Micronesia for membership or other participation in regional or international organizations as may be mutually agreed. Section 123 (a) In recognition of the authority and responsibility of the Government of the United States under Title Three, the Government of the Federated States of Micronesia shall consult, in the conduct of its foreign affairs, with the Government of the United States. (b) In recognition of the foreign affairs capacity of the Government of the Federated States of Micronesia, the Government of the United States, in the conduct of its foreign affairs, shall consult with the Government of the Federated States of Micronesia on matters that the Government of the United States regards as relating to or affecting the Government of the Federated States of Micronesia. Section 124 The Government of the United States may assist or act on behalf of the Government of the Federated States of Micronesia in the area of foreign affairs as may be requested and mutually agreed from time to time. The Government of the United States shall not be responsible to third parties for the actions of the Government of the Federated States of Micronesia undertaken with the assistance or through the agency of the Government of the United States pursuant to this section unless expressly agreed. Section 125 The Government of the United States shall not be responsible for nor obligated by any actions taken by the Government of the Federated States of Micronesia in the area of foreign affairs, except as may from time to time be expressly agreed. Section 126 At the request of the Government of the Federated States of Micronesia and subject to the consent of the receiving state, the Government of the United States shall extend consular assistance on the same basis as for citizens of the United States to citizens of the Federated States of Micronesia for travel outside the Federated States of Micronesia, the United States and its territories and possessions. Section 127 Except as otherwise provided in this Compact, as amended, or its related agreements, all obligations, responsibilities, rights and benefits of the Government of the United States as Administering Authority which resulted from the application pursuant to the Trusteeship Agreement of any treaty or other international agreement to the Trust Territory of the Pacific Islands on November 2, 1986 Article III Communications Section 131 (a) The Government of the Federated States of Micronesia has full authority and responsibility to regulate its domestic and foreign communications, and the Government of the United States shall provide communications assistance as mutually agreed. (b) On May 24, 1993 Section 132 The Government of the Federated States of Micronesia shall permit the Government of the United States to operate telecommunications services in the Federated States of Micronesia to the extent necessary to fulfill the obligations of the Government of the United States under this Compact, as amended, in accordance with the terms of separate agreements entered into pursuant to this section of the Compact, as amended. Article IV Immigration Section 141 (a) In furtherance of the special and unique relationship that exists between the United States and the Federated States of Micronesia, under the Compact, as amended, any person in the following categories may be admitted to, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions (the United States) without regard to paragraph (5) or (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1182(a)(5) (1) a person who, on November 2, 1986 January 1, 1979 (2) a person who acquires the citizenship of the Federated States of Micronesia at birth, on or after the effective date of the Constitution of the Federated States of Micronesia; (3) an immediate relative of a person referred to in paragraphs (1) or (2) of this section, provided that such immediate relative is a naturalized citizen of the Federated States of Micronesia who has been an actual resident there for not less than five years after attaining such naturalization and who holds a certificate of actual residence, and further provided, that, in the case of a spouse, such spouse has been married to the person referred to in paragraph (1) or (2) of this section for at least five years, and further provided, that the Government of the United States is satisfied that such naturalized citizen meets the requirement of subsection (b) of section 104 of Public Law 99239 (4) a naturalized citizen of the Federated States of Micronesia who was an actual resident there for not less than five years after attaining such naturalization and who satisfied these requirements as of April 30, 2003 section 104 of Public Law 99239 (5) an immediate relative of a citizen of the Federated States of Micronesia, regardless of the immediate relatives country of citizenship or period of residence in the Federated States of Micronesia, if the citizen of the Federated States of Micronesia is serving on active duty in any branch of the United States Armed Forces, or in the active reserves. (b) Notwithstanding subsection (a) of this section, a person who is coming to the United States pursuant to an adoption outside the United States, or for the purpose of adoption in the United States, is ineligible for admission under the Compact and the Compact, as amended. This subsection shall apply to any person who is or was an applicant for admission to the United States on or after March 1, 2003 March 1, 2003 (c) Notwithstanding subsection (a) of this section, no person who has been or is granted citizenship in the Federated States of Micronesia, or has been or is issued a Federated States of Micronesia passport pursuant to any investment, passport sale, or similar program has been or shall be eligible for admission to the United States under the Compact or the Compact, as amended. (d) A person admitted to the United States under the Compact, or the Compact, as amended, shall be considered to have the permission of the Government of the United States to accept employment in the United States. An unexpired Federated States of Micronesia passport with unexpired documentation issued by the Government of the United States evidencing admission under the Compact or the Compact, as amended, shall be considered to be documentation establishing identity and employment authorization under section 274A(b)(1)(B) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1324a(b)(1)(B) (e) For purposes of the Compact and the Compact, as amended: (1) the term residence with respect to a person means the persons principal, actual dwelling place in fact, without regard to intent, as provided in section 101(a)(33) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a)(33) (2) the term actual residence means physical presence in the Federated States of Micronesia during eighty-five percent of the five-year period of residency required by section 141(a)(3) and (4); (3) the term certificate of actual residence means a certificate issued to a naturalized citizen by the Government of the Federated States of Micronesia stating that the citizen has complied with the actual residence requirement of section 141(a)(3) or (4); (4) the term nonimmigrant means an alien who is not an immigrant as defined in section 101(a)(15) of such Act, 8 U.S.C. 1101(a)(15) (5) the term immediate relative means a spouse, or unmarried son or unmarried daughter less than 21 years of age. (f) The Immigration and Nationality Act, as amended, shall apply to any person admitted or seeking admission to the United States (other than a United States possession or territory where such Act does not apply) under the Compact or the Compact, as amended, and nothing in the Compact or the Compact, as amended, shall be construed to limit, preclude, or modify the applicability of, with respect to such person: (1) any ground of inadmissibility or deportability under such Act (except sections 212(a)(5) and 212(a)(7)(B)(i)(II) of such Act, as provided in subsection (a) of this section), and any defense thereto, provided that, section 237(a)(5) of such Act shall be construed and applied as if it reads as follows: any alien who has been admitted under the Compact, or the Compact, as amended, who cannot show that he or she has sufficient means of support in the United States, is deportable; (2) the authority of the Government of the United States under section 214(a)(1) of such Act to provide that admission as a nonimmigrant shall be for such time and under such conditions as the Government of the United States may by regulations prescribe; (3) except for the treatment of certain documentation for purposes of section 274A(b)(1)(B) of such Act as provided by subsection (d) of this section of the Compact, as amended, any requirement under section 274A, including but not limited to section 274A(b)(1)(E); (4) section 643 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104208 (5) the authority of the Government of the United States otherwise to administer and enforce the Immigration and Nationality Act, as amended, or other United States law. (g) Any authority possessed by the Government of the United States under this section of the Compact or the Compact, as amended, may also be exercised by the Government of a territory or possession of the United States where the Immigration and Nationality Act, as amended, does not apply, to the extent such exercise of authority is lawful under a statute or regulation of such territory or possession that is authorized by the laws of the United States. (h) Subsection (a) of this section does not confer on a citizen of the Federated States of Micronesia the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, as amended, or to petition for benefits for alien relatives under that Act. Subsection (a) of this section, however, shall not prevent a citizen of the Federated States of Micronesia from otherwise acquiring such rights or lawful permanent resident alien status in the United States. Section 142 (a) Any citizen or national of the United States may be admitted, to lawfully engage in occupations, and reside in the Federated States of Micronesia, subject to the rights of the Government of the Federated States of Micronesia to deny entry to or deport any such citizen or national as an undesirable alien. Any determination of inadmissibility or deportability shall be based on reasonable statutory grounds and shall be subject to appropriate administrative and judicial review within the Federated States of Micronesia. If a citizen or national of the United States is a spouse of a citizen of the Federated States of Micronesia, the Government of the Federated States of Micronesia shall allow the United States citizen spouse to establish residence. Should the Federated States of Micronesia citizen spouse predecease the United States citizen spouse during the marriage, the Government of the Federated States of Micronesia shall allow the United States citizen spouse to continue to reside in the Federated States of Micronesia. (b) In enacting any laws or imposing any requirements with respect to citizens and nationals of the United States entering the Federated States of Micronesia under subsection (a) of this section, including any grounds of inadmissibility or deportability, the Government of the Federated States of Micronesia shall accord to such citizens and nationals of the United States treatment no less favorable than that accorded to citizens of other countries. (c) Consistent with subsection (a) of this section, with respect to citizens and nationals of the United States seeking to engage in employment or invest in the Federated States of Micronesia, the Government of the Federated States of Micronesia shall adopt immigration-related procedures no less favorable than those adopted by the Government of the United States with respect to citizens of the Federated States of Micronesia seeking employment in the United States. Section 143 Any person who relinquishes, or otherwise loses, his United States nationality or citizenship, or his Federated States of Micronesia citizenship, shall be ineligible to receive the privileges set forth in sections 141 and 142. Any such person may apply for admission to the United States or the Federated States of Micronesia, as the case may be, in accordance with any other applicable laws of the United States or the Federated States of Micronesia relating to immigration of aliens from other countries. The laws of the Federated States of Micronesia or the United States, as the case may be, shall dictate the terms and conditions of any such persons stay. Article V Representation Section 151 Relations between the Government of the United States and the Government of the Federated States of Micronesia shall be conducted in accordance with the Vienna Convention on Diplomatic Relations. In addition to diplomatic missions and representation, the Governments may establish and maintain other offices and designate other representatives on terms and in locations as may be mutually agreed. Section 152 (a) Any citizen or national of the United States who, without authority of the United States, acts as the agent of the Government of the Federated States of Micronesia with regard to matters specified in the provisions of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 (b) Subsection (a) of this section shall not apply to a citizen or national of the United States employed by the Government of the Federated States of Micronesia with respect to whom the Government of the Federated States of Micronesia from time to time certifies to the Government of the United States that such citizen or national is an employee of the Federated States of Micronesia whose principal duties are other than those matters specified in the Foreign Agents Registration Act of 1938, as amended, that apply with respect to an agent of a foreign principal. The agency or officer of the United States receiving such certifications shall cause them to be filed with the Attorney General, who shall maintain a publicly available list of the persons so certified. Article VI Environmental Protection Section 161 The Governments of the United States and the Federated States of Micronesia declare that it is their policy to promote efforts to prevent or eliminate damage to the environment and biosphere and to enrich understanding of the natural resources of the Federated States of Micronesia. In order to carry out this policy, the Government of the United States and the Government of the Federated States of Micronesia agree to the following mutual and reciprocal undertakings. (a) The Government of the United States: (1) shall continue to apply the environmental controls in effect on November 2, 1986 (2) shall apply the National Environmental Policy Act of 1969, 83 Stat. 852 42 U.S.C. 4321 (3) shall comply also, in the conduct of any activity requiring the preparation of an Environmental Impact Statement under section 161(a)(2), with standards substantively similar to those required by the following laws of the United States, taking into account the particular environment of the Federated States of Micronesia: the Endangered Species Act of 1973, as amended, 87 Stat. 884 16 U.S.C. 1531 77 Stat. 392 86 Stat. 896 33 U.S.C. 1251 33 U.S.C. 1411 15 U.S.C. 2601 42 U.S.C. 6901 (4) shall develop, prior to conducting any activity requiring the preparation of an Environmental Impact Statement under section 161(a)(2), written standards and procedures, as agreed with the Government of the Federated States of Micronesia, to implement the substantive provisions of the laws made applicable to U.S. Government activities in the Federated States of Micronesia, pursuant to section 161(a)(3). (b) The Government of the Federated States of Micronesia shall continue to develop and implement standards and procedures to protect its environment. As a reciprocal obligation to the undertakings of the Government of the United States under this Article, the Federated States of Micronesia, taking into account its particular environment, shall continue to develop and implement standards for environmental protection substantively similar to those required of the Government of the United States by section 161(a)(3) prior to its conducting activities in the Federated States of Micronesia, substantively equivalent to activities conducted there by the Government of the United States and, as a further reciprocal obligation, shall enforce those standards. (c) Section 161(a), including any standard or procedure applicable thereunder, and section 161(b) may be modified or superseded in whole or in part by agreement of the Government of the United States and the Government of the Federated States of Micronesia. (d) In the event that an Environmental Impact Statement is no longer required under the laws of the United States for major Federal actions significantly affecting the quality of the human environment, the regulatory regime established under sections 161(a)(3) and 161(a)(4) shall continue to apply to such activities of the Government of the United States until amended by mutual agreement. (e) The President of the United States may exempt any of the activities of the Government of the United States under this Compact, as amended, and its related agreements from any environmental standard or procedure which may be applicable under sections 161(a)(3) and 161(a)(4) if the President determines it to be in the paramount interest of the Government of the United States to do so, consistent with Title Three of this Compact, as amended, and the obligations of the Government of the United States under international law. Prior to any decision pursuant to this subsection, the views of the Government of the Federated States of Micronesia shall be sought and considered to the extent practicable. If the President grants such an exemption, to the extent practicable, a report with his reasons for granting such exemption shall be given promptly to the Government of the Federated States of Micronesia. (f) The laws of the United States referred to in section 161(a)(3) shall apply to the activities of the Government of the United States under this Compact, as amended, and its related agreements only to the extent provided for in this section. Section 162 The Government of the Federated States of Micronesia may bring an action for judicial review of any administrative agency action or any activity of the Government of the United States pursuant to section 161(a) for enforcement of the obligations of the Government of the United States arising thereunder. The United States District Court for the District of Hawaii and the United States District Court for the District of Columbia shall have jurisdiction over such action or activity, and over actions brought under section 172(b) which relate to the activities of the Government of the United States and its officers and employees, governed by section 161, provided that: (a) Such actions may only be civil actions for any appropriate civil relief other than punitive damages against the Government of the United States or, where required by law, its officers in their official capacity; no criminal actions may arise under this section. (b) Actions brought pursuant to this section may be initiated only by the Government of the Federated States of Micronesia. (c) Administrative agency actions arising under section 161 shall be reviewed pursuant to the standard of judicial review set forth in 5 U.S.C. 706 (d) The United States District Court for the District of Hawaii and the United States District Court for the District of Columbia shall have jurisdiction to issue all necessary processes, and the Government of the United States agrees to submit itself to the jurisdiction of the court; decisions of the United States District Court shall be reviewable in the United States Court of Appeals for the Ninth Circuit or the United States Court of Appeals for the District of Columbia, respectively, or in the United States Supreme Court as provided by the laws of the United States. (e) The judicial remedy provided for in this section shall be the exclusive remedy for the judicial review or enforcement of the obligations of the Government of the United States under this Article and actions brought under section 172(b) which relate to the activities of the Government of the United States and its officers and employees governed by section 161. (f) In actions pursuant to this section, the Government of the Federated States of Micronesia shall be treated as if it were a United States citizen. Section 163 (a) For the purpose of gathering data necessary to study the environmental effects of activities of the Government of the United States subject to the requirements of this Article, the Government of the Federated States of Micronesia shall be granted access to facilities operated by the Government of the United States in the Federated States of Micronesia, to the extent necessary for this purpose, except to the extent such access would unreasonably interfere with the exercise of the authority and responsibility of the Government of the United States under Title Three. (b) The Government of the United States, in turn, shall be granted access to the Federated States of Micronesia for the purpose of gathering data necessary to discharge its obligations under this Article, except to the extent such access would unreasonably interfere with the exercise of the authority and responsibility of the Government of the Federated States of Micronesia under Title One, and to the extent necessary for this purpose shall be granted access to documents and other information to the same extent similar access is provided the Government of the Federated States of Micronesia under the Freedom of Information Act, 5 U.S.C. 552 (c) The Government of the Federated States of Micronesia shall not impede efforts by the Government of the United States to comply with applicable standards and procedures. Article VII General Legal Provisions Section 171 Except as provided in this Compact, as amended, or its related agreements, the application of the laws of the United States to the Trust Territory of the Pacific Islands by virtue of the Trusteeship Agreement ceased with respect to the Federated States of Micronesia on November 3, 1986 Section 172 (a) Every citizen of the Federated States of Micronesia who is not a resident of the United States shall enjoy the rights and remedies under the laws of the United States enjoyed by any non-resident alien. (b) The Government of the Federated States of Micronesia and every citizen of the Federated States of Micronesia shall be considered to be a person within the meaning of the Freedom of Information Act, 5 U.S.C. 552 5 U.S.C. 701706 Section 173 The Governments of the United States and the Federated States of Micronesia agree to adopt and enforce such measures, consistent with this Compact, as amended, and its related agreements, as may be necessary to protect the personnel, property, installations, services, programs and official archives and documents maintained by the Government of the United States in the Federated States of Micronesia pursuant to this Compact, as amended, and its related agreements and by the Government of the Federated States of Micronesia in the United States pursuant to this Compact, as amended, and its related agreements. Section 174 Except as otherwise provided in this Compact, as amended, and its related agreements: (a) The Government of the Federated States of Micronesia, and its agencies and officials, shall be immune from the jurisdiction of the court of the United States, and the Government of the United States, and its agencies and officials, shall be immune from the jurisdiction of the court of the Federated States of Micronesia. (b) The Government of the United States accepts responsibility for and shall pay: (1) any unpaid money judgment rendered by the High Court of the Trust Territory of the Pacific Islands against the Government of the United States with regard to any cause of action arising as a result of acts or omissions of the Government of the Trust Territory of the Pacific Islands or the Government of the United States prior to November 3, 1986 (2) any claim settled by the claimant and the Government of the Trust Territory of the Pacific Islands but not paid as of November 3, 1986 (3) settlement of any administrative claim or of any action before a court of the Trust Territory of the Pacific Islands or the Government of the United States, arising as a result of acts or omissions of the Government of the Trust Territory of the Pacific Islands or the Government of the United States. (c) Any claim not referred to in section 174(b) and arising from an act or omission of the Government of the Trust Territory of the Pacific Islands or the Government of the United States prior to the effective date of the Compact shall be adjudicated in the same manner as a claim adjudicated according to section 174(d). In any claim against the Government of the Trust Territory of the Pacific Islands, the Government of the United States shall stand in the place of the Government of the Trust Territory of the Pacific Islands. A judgment on any claim referred to in section 174(b) or this subsection, not otherwise satisfied by the Government of the United States, may be presented for certification to the United States Court of Appeals for the Federal Circuit, or its successor courts, which shall have jurisdiction therefore, notwithstanding the provisions of 28 U.S.C. 1502 (d) The Government of the Federated States of Micronesia shall not be immune from the jurisdiction of the courts of the United States, and the Government of the United States shall not be immune from the jurisdiction of the courts of the Federated States of Micronesia in any civil case in which an exception to foreign state immunity is set forth in the Foreign Sovereign Immunities Act ( 28 U.S.C. 1602 Pub. L. 110229, title VIII,  806(b)(1)(A) May 8, 2008 122 Stat. 871 Section 175 (a) A separate agreement, which shall come into effect simultaneously with this Compact, as amended, and shall have the force of law, shall govern mutual assistance and cooperation in law enforcement matters, including the pursuit, capture, imprisonment and extradition of fugitives from justice and the transfer of prisoners, as well as other law enforcement matters. In the United States, the laws of the United States governing international extradition, including 18 U.S.C. 3184 18 U.S.C. 410015 (b) A separate agreement, which shall come into effect simultaneously with this Compact, as amended, and shall have the force of law, shall govern requirements relating to labor recruitment practices, including registration, reporting, suspension or revocation of authorization to recruit persons for employment in the United States, and enforcement for violations of such requirements. Section 176 The Government of the Federated States of Micronesia confirms that final judgments in civil cases rendered by any court of the Trust Territory of the Pacific Islands shall continue in full force and effect, subject to the constitutional power of the courts of the Federated States of Micronesia to grant relief from judgments in appropriate cases. Section 177 Section 177 of the Compact entered into force with respect to the Federated States of Micronesia on November 3, 1986  (a) The Government of the United States accepts the responsibility for compensation owing to citizens of the Marshall Islands, or the Federated States of Micronesia (or Palau) for loss or damage to property and person of the citizens of the Marshall Islands, or the Federated States of Micronesia, resulting from the nuclear testing program which the Government of the United States conducted in the Northern Marshall Islands between June 30, 1946 August 18, 1958  (b) The Government of the United States and the Government of the Marshall Islands shall set forth in a separate agreement provisions for the just and adequate settlement of all such claims which have arisen in regard to the Marshall Islands and its citizens and which have not as yet been compensated or which in the future may arise, for the continued administration by the Government of the United States of direct radiation related medical surveillance and treatment programs and radiological monitoring activities and for such additional programs and activities as may be mutually agreed, and for the assumption by the Government of the Marshall Islands of responsibility for enforcement of limitations on the utilization of affected areas developed in cooperation with the Government of the United States and for the assistance by the Government of the United States in the exercise of such responsibility as may be mutually agreed. This separate agreement shall come into effect simultaneously with this Compact and shall remain in effect in accordance with its own terms.  (c) The Government of the United States shall provide to the Government of the Marshall Islands, on a grant basis, the amount of $150 million to be paid and distributed in accordance with the separate agreement referred to in this Section, and shall provide the services and programs set forth in this separate agreement, the language of which is incorporated into this Compact.. The Compact, as amended, makes no changes to, and has no effect upon, Section 177 of the Compact, nor does the Compact, as amended, change or affect the separate agreement referred to in Section 177 of the Compact including Articles IX and X of that separate agreement, and measures taken by the parties thereunder. [As amended Pub. L. 110229, title VIII,  806(b)(1)(B) May 8, 2008 122 Stat. 872 Section 178 (a) The Federal agencies of the Government of the United States that provide the services and related programs in the Federated States of Micronesia pursuant to Title Two are authorized to settle and pay tort claims arising in the Federated States of Micronesia from the activities of such agencies or from the acts or omissions of the employees of such agencies. Except as provided in section 178(b), the provisions of 28 U.S.C. 2672 31 U.S.C. 1304 (b) Claims under section 178(a) that cannot be settled under section 178(a) shall be disposed of exclusively in accordance with Article II of Title Four. Arbitration awards rendered pursuant to this subsection shall be paid out of funds under 31 U.S.C. 1304 (c) The Government of the United States and the Government of the Federated States of Micronesia shall, in the separate agreement referred to in section 231, provide for: (1) the administrative settlement of claims referred to in section 178(a), including designation of local agents in each State of the Federated States of Micronesia; such agents to be empowered to accept, investigate and settle such claims, in a timely manner, as provided in such separate agreements; and (2) arbitration, referred to in section 178(b), in a timely manner, at a site convenient to the claimant, in the event a claim is not otherwise settled pursuant to section 178(a). (d) The provisions of section 174(d) shall not apply to claims covered by this section. (e) Except as otherwise explicitly provided by law of the United States, neither the Government of the United States, its instrumentalities, nor any person acting on behalf of the Government of the United States, shall be named a party in any action based on, or arising out of, the activity or activities of a recipient of any grant or other assistance provided by the Government of the United States (or the activity or activities of the recipients agency or any other person or entity acting on behalf of the recipient). Section 179 (a) The courts of the Federated States of Micronesia shall not exercise criminal jurisdiction over the Government of the United States, or its instrumentalities. (b) The courts of the Federated States of Micronesia shall not exercise criminal jurisdiction over any person if the Government of the United States provides notification to the Government of the Federated States of Micronesia that such person was acting on behalf of the Government of the United States, for actions taken in furtherance of section 221 or 224 of this Compact, as amended,, [sic] or any other provision of law authorizing financial, program, or service assistance to the Federated States of Micronesia. [As amended Pub. L. 110229, title VIII,  806(b)(1)(C) May 8, 2008 122 Stat. 872 TITLE TWO ECONOMIC RELATIONS Article I Grant Assistance Section 211 - Sector Grants (a) In order to assist the Government of the Federated States of Micronesia in its efforts to promote the economic advancement, budgetary self-reliance, and economic self-sufficiency of its people, and in recognition of the special relationship that exists between the Federated States of Micronesia and the United States, the Government of the United States shall provide assistance on a sector grant basis for a period of twenty years in the amounts set forth in section 216, commencing on the effective date of this Compact, as amended. Such grants shall be used for assistance in the sectors of education, health care, private sector development, the environment, public sector capacity building, and public infrastructure, or for other sectors as mutually agreed, with priorities in the education and health care sectors. For each year such sector grant assistance is made available, the proposed division of this amount among these sectors shall be certified to the Government of the United States by the Government of the Federated States of Micronesia and shall be subject to the concurrence of the Government of the United States. In such case, the Government of the United States shall disburse the agreed upon amounts and monitor the use of such sector grants in accordance with the provisions of this Article and the Agreement Concerning Procedures for the Implementation of United States Economic Assistance Provided in 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 (Fiscal Procedures Agreement) which shall come into effect simultaneously with this Compact, as amended. The provision of any United States assistance under the Compact, as amended, the Fiscal Procedures Agreement, the 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), or any other subsidiary agreement to the Compact, as amended, shall constitute a particular distribution . . . required by the terms or special nature of the assistance for purposes of Article XII, section 1(b) of the Constitution of the Federated States of Micronesia. (1)  Education United States grant assistance shall be made available in accordance with the plan described in subsection (c) of this section to support and improve the educational system of the Federated States of Micronesia and develop the human, financial, and material resources necessary for the Government of the Federated States of Micronesia to perform these services. Emphasis should be placed on advancing a quality basic education system. (2)  Health United States grant assistance shall be made available in accordance with the plan described in subsection (c) of this section to support and improve the delivery of preventive, curative and environmental care and develop the human, financial, and material resources necessary for the Government of the Federated States of Micronesia to perform these services. (3)  Private sector development United States grant assistance shall be made available in accordance with the plan described in subsection (c) of this section to support the efforts of the Government of the Federated States of Micronesia to attract foreign investment and increase indigenous business activity by vitalizing the commercial environment, ensuring fair and equitable application of the law, promoting adherence to core labor standards, and maintaining progress toward privatization of state-owned and partially state-owned enterprises, and engaging in other reforms. (4)  Capacity building in the public sector United States grant assistance shall be made available in accordance with the plan described in subsection (c) of this section to support the efforts of the Government of the Federated States of Micronesia to build effective, accountable and transparent national, state, and local government and other public sector institutions and systems. (5)  Environment United States grant assistance shall be made available in accordance with the plan described in subsection (c) of this section to increase environmental protection; conserve and achieve sustainable use of natural resources; and engage in environmental infrastructure planning, design construction and operation. (6)  Public infrastructure. (i) U.S. annual grant assistance shall be made available in accordance with a list of specific projects included in the plan described in subsection (c) of this section to assist the Government of the Federated States of Micronesia in its efforts to provide adequate public infrastructure. (ii)  Infrastructure and maintenance Fund Five percent of the annual public infrastructure grant made available under paragraph (i) of this subsection shall be set aside, with an equal contribution from the Government of the Federated States of Micronesia, as a contribution to an Infrastructure Maintenance Fund (IMF). Administration of the Infrastructure Maintenance Fund shall be governed by the Fiscal Procedures Agreement. (b)  Humanitarian Assistance Federated States of Micronesia Program. In recognition of the special development needs of the Federated States of Micronesia, the Government of the United States shall make available to the Federated States of Micronesia, on its request and to be deducted from the grant amount made available under subsection (a) of this section, a Humanitarian Assistance - Federated States of Micronesia (HAFSM) Program with emphasis on health, education, and infrastructure (including transportation), projects. The terms and conditions of the HAFSM shall be set forth in the Agreement Regarding the Military Use and Operating Rights of the Government of the United States in the Government of the Federated States of Micronesia Concluded Pursuant to Sections 211(b), 321, and 323 of the Compact of Free Association, as amended, which shall come into effect simultaneously with the amendments to this Compact. (c)  Development Plan The Government of the Federated States of Micronesia shall prepare and maintain an official overall development plan. The plan shall be strategic in nature, shall be continuously reviewed and updated through the annual budget process, and shall make projections on a multi-year rolling basis. Each of the sectors named in subsection (a) of this section, or other sectors as mutually agreed, shall be accorded specific treatment in the plan. Insofar as grants funds are involved, the plan shall be subject to the concurrence of the Government of the United States. (d)  Disaster Assistance Emergency Fund An amount of two hundred thousand dollars ($200,000) shall be provided annually, with an equal contribution from the Government of the Federated States of Micronesia, as a contribution to a Disaster Assistance Emergency Fund (DAEF). Any funds from the DAEF may be used only for assistance and rehabilitation resulting from disasters and emergencies. The funds will be accessed upon declaration by the Government of the Federated States of Micronesia, with the concurrence of the United States Chief of Mission to the Federated States of Micronesia. The Administration of the DAEF shall be governed by the Fiscal Procedures Agreement and the Federal Programs and Services Agreement referred to in section 231. [As amended Pub. L. 110229, title VIII,  806(b)(1)(D) May 8, 2008 122 Stat. 872 Section 212 - Accountability (a) Regulations and policies normally applicable to United States financial assistance to its state and local governments, as reflected in the Fiscal Procedures Agreement, shall apply to each sector grant described in section 211, and to grants administered under section 221 below, except as modified in the separate agreements referred to in section 231 of this Compact, as amended, or by United States law. The Government of the United States, after annual consultations with the Federated States of Micronesia, may attach reasonable terms and conditions, including annual performance indicators that are necessary to ensure effective use of United States assistance and reasonable progress toward achieving program objectives. The Government of the United States may seek appropriate remedies for noncompliance with the terms and conditions attached to the assistance, or for failure to comply with section 234, including withholding assistance. (b) The Government of the United States shall, for each fiscal year of the twenty years during which assistance is to be provided on a sector grant basis under section 211, grant the Government of the Federated States of Micronesia an amount equal to the lesser of (i) one half of the reasonable, properly documented cost incurred during each fiscal year to conduct the annual audit required under Article VIII (2) of the Fiscal Procedures Agreement or (ii) $500,000. Such amount will not be adjusted for inflation under section 217 or otherwise. Section 213 - Joint Economic Management Committee The Governments of the United States and the Federated States of Micronesia shall establish a Joint Economic Management Committee, composed of a U.S. chair, two other members from the Government of the United States and two members from the Government of the Federated States of Micronesia. The Joint Economic Management Committee shall meet at least once each year to review the audits and reports required under this Title, evaluate the progress made by the Federated States of Micronesia in meeting the objectives identified in its plan described in subsection (c) of section 211, with particular focus on those parts of the plan dealing with the sectors identified in subsection (a) of section 211, identify problems encountered, and recommend ways to increase the effectiveness of U.S. assistance made available under this Title. The establishment and operations of the Joint Economic Management Committee shall be governed by the Fiscal Procedures Agreement. Section 214 - Annual Report The Government of the Federated States of Micronesia shall report annually to the President of the United States on the use of United States sector grant assistance and other assistance and progress in meeting mutually agreed program and economic goals. The Joint Economic Management Committee shall review and comment on the report and make appropriate recommendations based thereon. Section 215 - Trust Fund (a) The United States shall contribute annually for twenty years from the effective date of this Compact, as amended, in the amounts set forth in section 216 into a Trust Fund established in accordance with the 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). Upon termination of the annual financial assistance under section 211, the proceeds of the fund shall thereafter be used for the purposes described in section 211 or as otherwise mutually agreed. (b) The United States contribution into the Trust Fund described in subsection (a) of this section is conditioned on the Government of the Federated States of Micronesia contributing to the Trust Fund at least $30 million, prior to September 30, 2004 section 111(d) of Public Law 99239 January 14, 1986 (c) The terms regarding the investment and management of funds and use of the income of the Trust Fund shall be set forth in the separate Trust Fund Agreement described in subsection (a) of this section. Funds derived from United States investment shall not be subject to Federal or state taxes in the United States or the Federated States of Micronesia. The Trust Fund Agreement shall also provide for annual reports to the Government of the United States and to the Government of the Federated States of Micronesia. The Trust Fund Agreement shall provide for appropriate distributions of trust fund proceeds to the Federated States of Micronesia and for appropriate remedies for the failure of the Federated States of Micronesia to use income of the Trust Fund for the annual grant purposes set forth in section 211. These remedies may include the return to the United States of the present market value of its contributions to the Trust Fund and the present market value of any undistributed income on the contributions of the United States. If this Compact, as amended, is terminated, the provisions of sections 451 through 453 of this Compact, as amended, shall govern treatment of any U.S. contributions to the Trust Fund or accrued interest thereon. [As amended Pub. L. 110229, title VIII,  806(b)(1)(E) May 8, 2008 122 Stat. 872 Section 216 - Sector Grant Funding and Trust Fund Contributions The funds described in sections 211, 212(b) and 215 shall be made available as follows:      [In millions of dollars]  Fiscal year Annual Grants Section 211 Audit Grant Section 212(b) (amount up to) Trust Fund Section 215 Total  2004 76.2 .5 16 92.7 2005 76.2 .5 16 92.7 2006 76.2 .5 16 92.7 2007 75.4 .5 16.8 92.7 2008 74.6 .5 17.6 92.7 2009 73.8 .5 18.4 92.7 2010 73 .5 19.2 92.7 2011 72.2 .5 20 92.7 2012 71.4 .5 20.8 92.7 2013 70.6 .5 21.6 92.7 2014 69.8 .5 22.4 92.7 2015 69 .5 23.2 92.7 2016 68.2 .5 24 92.7 2017 67.4 .5 24.8 92.7 2018 66.6 .5 25.6 92.7 2019 65.8 .5 26.4 92.7 2020 65 .5 27.2 92.7 2021 64.2 .5 28 92.7 2022 63.4 .5 28.8 92.7 2023 62.6 .5 29.6 92.7 Section 217 - Inflation Adjustment Except for the amounts provided for audits under section 212(b), the amounts stated in this Title shall be adjusted for each United States Fiscal Year by the percent that equals two-thirds of the percent change in the United States Gross Domestic Product Implicit Price Deflator, or 5 percent, whichever is less in any one year, using the beginning of Fiscal Year 2004 as a base. Section 218 - Carry-Over of Unused Funds If in any year the funds made available by the Government of the United States for that year pursuant to this Article are not completely obligated by the Government of the Federated States of Micronesia, the unobligated balances shall remain available in addition to the funds to be provided in subsequent years. Article II Services and Program Assistance Section 221 (a)  Services The Government of the United States shall make available to the Federated States of Micronesia, in accordance with and to the extent provided in the Federal Programs and Services Agreement referred to in section 231, the services and related programs of: (1) the United States Weather Service; (2) the United States Postal Service; (3) the United States Federal Aviation Administration; (4) the United States Department of Transportation; (5) the Federal Deposit Insurance Corporation (for the benefit only of the Bank of the Federated States of Micronesia); and (6) the Department of Homeland Security (Federal Emergency Management Agency), and the United States Agency for International Development, Office of Foreign Disaster Assistance. Upon the effective date of this Compact, as amended, the United States Departments and Agencies named or having responsibility to provide these services and related programs shall have the authority to implement the relevant provisions of the Federal Programs and Services Agreement referred to in section 231. (b)  Programs. (1) With the exception of the services and programs covered by subsection (a) of this section, and unless the Congress of the United States provides otherwise, the Government of the United States shall make available to the Federated States of Micronesia the services and programs that were available to the Federated States of Micronesia on the effective date of this Compact, as amended, to the extent that such services and programs continue to be available to State and local governments of the United States. As set forth in the Fiscal Procedures Agreement, funds provided under subsection (a) of section 211 will be considered to be local revenues of the Government of the Federated States of Micronesia when used as the local share required to obtain Federal programs and services. (2) Unless provided otherwise by U.S. law, the services and programs described in paragraph (1) of this subsection shall be extended in accordance with the terms of the Federal Programs and Services Agreement referred to in section 231. (c) The Government of the United States shall have and exercise such authority as is necessary to carry out its responsibilities under this Title and the separate agreement referred to in amended section 231, including the authority to monitor and administer all service and program assistance provided by the United States to the Federated States of Micronesia. The Federal Programs and Services Agreement referred to in amended section 231 shall also set forth the extent to which services and programs shall be provided to the Federated States of Micronesia. (d) Except as provided elsewhere in this Compact, as amended, under any separate agreement entered into under this Compact, as amended, or otherwise under U.S. law, all Federal domestic programs extended to or operating in the Federated States of Micronesia shall be subject to all applicable criteria, standards, reporting requirements, auditing procedures, and other rules and regulations applicable to such programs and services when operating in the United States. (e) The Government of the United States shall make available to the Federated States of Micronesia alternate energy development projects, studies, and conservation measures to the extent provided for the Freely Associated States in the laws of the United States. [As amended Pub. L. 110229, title VIII,  806(b)(1)(F) May 8, 2008 122 Stat. 872 Section 222 The Government of the United States and the Government of the Federated States of Micronesia may agree from time to time to extend to the Federated States of Micronesia additional United States grant assistance, services and programs, as provided under the laws of the United States. Unless inconsistent with such laws, or otherwise specifically precluded by the Government of the United States at the time such additional grant assistance, services, or programs are extended, the Federal Programs and Services Agreement referred to in section 231 shall apply to any such assistance, services or programs. [As amended Pub. L. 110229, title VIII,  806(b)(1)(G) May 8, 2008 122 Stat. 872 Section 223 The Government of the Federated States of Micronesia shall make available to the Government of the United States at no cost such land as may be necessary for the operations of the services and programs provided pursuant to this Article, and such facilities as are provided by the Government of the Federated States of Micronesia at no cost to the Government of the United States as of the effective date of this Compact, as amended, or as may be mutually agreed thereafter. Section 224 The Government of the Federated States of Micronesia may request, from time to time, technical assistance from the Federal agencies and institutions of the Government of the United States, which are authorized to grant such technical assistance in accordance with its laws. If technical assistance is granted pursuant to such a request, the Government of the United States shall provide the technical assistance in a manner which gives priority consideration to the Federated States of Micronesia over other recipients not a part of the United States, its territories or possessions, and equivalent consideration to the Federated States of Micronesia with respect to other states in Free Association with the United States. Such assistance shall be made available on a reimbursable or non-reimbursable basis to the extent provided by United States law. Article III Administrative Provisions Section 231 The specific nature, extent and contractual arrangements of the services and programs provided for in section 221 of this Compact, as amended, as well as the legal status of agencies of the Government of the United States, their civilian employees and contractors, and the dependents of such personnel while present in the Federated States of Micronesia, and other arrangements in connection with the assistance, services, or programs furnished by the Government of the United States, are set forth in a Federal Programs and Services Agreement which shall come into effect simultaneously with this Compact, as amended. Section 232 The Government of the United States, in consultation with the Government of the Federated States of Micronesia, shall determine and implement procedures for the periodic audit of all grants and other assistance made under Article I of this Title and of all funds expended for the services and programs provided under Article II of this Title. Further, in accordance with the Fiscal Procedures Agreement described in subsection (a) of section 211, the Comptroller General of the United States shall have such powers and authorities as described in section 102(b) of Public Law 108188 117 Stat. 2726 December 17, 2003 Pub. L. 110229, title VIII,  806(b)(1)(H) May 8, 2008 122 Stat. 872 Section 233 Approval of this Compact, as amended, by the Government of the United States, in accordance with its constitutional processes, shall constitute a pledge by the United States that the sums and amounts specified as sector grants in section 211 of this Compact, as amended, shall be appropriated and paid to the Federated States of Micronesia for such period as those provisions of this Compact, as amended, remain in force, subject to the terms and conditions of this Title and related subsidiary agreements. Section 234 The Government of the Federated States of Micronesia pledges to cooperate with, permit, and assist if reasonably requested, designated and authorized representatives of the Government of the United States charged with investigating whether Compact funds, or any other assistance authorized under this Compact, as amended, have, or are being, used for purposes other than those set forth in this Compact, as amended, or its subsidiary agreements. In carrying out this investigative authority, such United States Government representatives may request that the Government of the Federated States of Micronesia subpoena documents and records and compel testimony in accordance with the laws and Constitution of the Federated States of Micronesia. Such assistance by the Government of the Federated States of Micronesia to the Government of the United States shall not be unreasonably withheld. The obligation of the Government of the Federated States of Micronesia to fulfill its pledge herein is a condition to its receiving payment of such funds or other assistance authorized under this Compact, as amended. The Government of the United States shall pay any reasonable costs for extraordinary services executed by the Government of the Federated States of Micronesia in carrying out the provisions of this section. Article IV Trade Section 241 The Federated States of Micronesia is not included in the customs territory of the United States. Section 242 The President shall proclaim the following tariff treatment for articles imported from the Federated States of Micronesia which shall apply during the period of effectiveness of this title: (a) Unless otherwise excluded, articles imported from the Federated States of Micronesia, subject to the limitations imposed under section 503(b) of title V of the Trade Act of 1974 ( 19 U.S.C. 2463(b) (b) Only tuna in airtight containers provided for in heading 1604.14.22 of the Harmonized Tariff Schedule of the United States that is imported from the Federated States of Micronesia and the Republic of the Marshall Islands during any calendar year not to exceed 10 percent of apparent United States consumption of tuna in airtight containers during the immediately preceding calendar year, as reported by the National Marine Fisheries Service, shall be exempt from duty; but the quantity of tuna given duty-free treatment under this paragraph for any calendar year shall be counted against the aggregated quantity of tuna in airtight containers that is dutiable under rate column numbered 1 of such heading 1604.14.22 for that calendar year. (c) The duty-free treatment provided under subsection (a) shall not apply to (1) watches, clocks, and timing apparatus provided for in Chapter 91, excluding heading 9113, of the Harmonized Tariff Schedule of the United States; (2) buttons (whether finished or not finished) provided for in items 9606.21.40 and 9606.29.20 of such Schedule; (3) textile and apparel articles which are subject to textile agreements; and (4) footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of title V of the Trade Act of 1974 ( 19 U.S.C. 2461 April 1, 1984 (d) If the cost or value of materials produced in the customs territory of the United States is included with respect to an eligible article which is a product of the Federated States of Micronesia, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied for duty assessment purposes toward determining the percentage referred to in section 503(a)(2) of title V of the Trade Act of 1974. Section 243 Articles imported from the Federated States of Micronesia which are not exempt from duty under subsections (a), (b), (c), and (d) of section 242 shall be subject to the rates of duty set forth in column numbered 1-general of the Harmonized Tariff Schedule of the United States (HTSUS). Section 244 (a) All products of the United States imported into the Federated States of Micronesia shall receive treatment no less favorable than that accorded like products of any foreign country with respect to customs duties or charges of a similar nature and with respect to laws and regulations relating to importation, exportation, taxation, sale, distribution, storage or use. (b) The provisions of subsection (a) shall not apply to advantages accorded by the Federated States of Micronesia by virtue of their full membership in the Pacific Island Countries Trade Agreement (PICTA), done on August 18, 2001 (c) Prior to entering into consultations on, or concluding, a free trade agreement with governments not listed in Article 26 of PICTA, the Federated States of Micronesia shall consult with the United States regarding whether or how subsection (a) of section 244 shall be applied. Article V Finance and Taxation Section 251 The currency of the United States is the official circulating legal tender of the Federated States of Micronesia. Should the Government of the Federated States of Micronesia act to institute another currency, the terms of an appropriate currency transitional period shall be as agreed with the Government of the United States. Section 252 The Government of the Federated States of Micronesia may, with respect to United States persons, tax income derived from sources within its respective jurisdiction, property situated therein, including transfers of such property by gift or at death, and products consumed therein, in such manner as the Government of the Federated States of Micronesia deems appropriate. The determination of the source of any income, or the situs of any property, shall for purposes of this Compact, as amended, be made according to the United States Internal Revenue Code. [As amended Pub. L. 110229, title VIII,  806(b)(1)(I) May 8, 2008 122 Stat. 872 Section 253 A citizen of the Federated States of Micronesia, domiciled therein, shall be exempt from estate, gift, and generation-skipping transfer taxes imposed by the Government of the United States, provided that such citizen of the Federated States of Micronesia is neither a citizen nor a resident of the United States. Section 254 (a) In determining any income tax imposed by the Government of the Federated States of Micronesia, the Government of the Federated States of Micronesia shall have authority to impose tax upon income derived by a resident of the Federated States of Micronesia from sources without the Federated States of Micronesia, in the same manner and to the same extent as the Government of the Federated States of Micronesia imposes tax upon income derived from within its own jurisdiction. If the Government of the Federated States of Micronesia exercises such authority as provided in this subsection, any individual resident of the Federated States of Micronesia who is subject to tax by the Government of the United States on income which is also taxed by the Government of the Federated States of Micronesia shall be relieved of liability to the Government of the United States for the tax which, but for this subsection, would otherwise be imposed by the Government of the United States on such income. However, the relief from liability to the United States Government referred to in the preceding sentence means only relief in the form of the foreign tax credit (or deduction in lieu thereof) available with respect to the income taxes of a possession of the United States, and relief in the form of the exclusion under section 911 of the Internal Revenue Code of 1986. For purposes of this section, the term resident of the Federated States of Micronesia shall be deemed to include any person who was physically present in the Federated States of Micronesia for a period of 183 or more days during any taxable year. (b) If the Government of the Federated States of Micronesia subjects income to taxation substantially similar to that imposed by the Trust Territory Code in effect on January 1, 1980 Section 255 For purposes of section 274(h)(3)(A) of the United States Internal Revenue Code of 1986, the term North American Area shall include the Federated States of Micronesia. TITLE THREE SECURITY AND DEFENSE RELATIONS Article I Authority and Responsibility Section 311 (a) The Government of the United States has full authority and responsibility for security and defense matters in or relating to the Federated States of Micronesia. (b) This authority and responsibility includes: (1) the obligation to defend the Federated States of Micronesia and its people from attack or threats thereof as the United States and its citizens are defended; (2) the option to foreclose access to or use of the Federated States of Micronesia by military personnel or for the military purposes of any third country; and (3) the option to establish and use military areas and facilities in the Federated States of Micronesia, subject to the terms of the separate agreements referred to in sections 321 and 323. (c) The Government of the United States confirms that it shall act in accordance with the principles of international law and the Charter of the United Nations in the exercise of this authority and responsibility. Section 312 Subject to the terms of any agreements negotiated in accordance with sections 321 and 323, the Government of the United States may conduct within the lands, waters and airspace of the Federated States of Micronesia the activities and operations necessary for the exercise of its authority and responsibility under this Title. Section 313 (a) The Government of the Federated States of Micronesia shall refrain from actions that the Government of the United States determines, after appropriate consultation with that Government, to be incompatible with its authority and responsibility for security and defense matters in or relating to the Federated States of Micronesia. (b) The consultations referred to in this section shall be conducted expeditiously at senior levels of the two Governments, and the subsequent determination by the Government of the United States referred to in this section shall be made only at senior interagency levels of the Government of the United States. (c) The Government of the Federated States of Micronesia shall be afforded, on an expeditious basis, an opportunity to raise its concerns with the United States Secretary of State personally and the United States Secretary of Defense personally regarding any determination made in accordance with this section. Section 314 (a) Unless otherwise agreed, the Government of the United States shall not, in the Federated States of Micronesia: (1) test by detonation or dispose of any nuclear weapon, nor test, dispose of, or discharge any toxic chemical or biological weapon; or (2) test, dispose of, or discharge any other radioactive, toxic chemical or biological materials in an amount or manner which would be hazardous to public health or safety. (b) Unless otherwise agreed, other than for transit or overflight purposes or during time of a national emergency declared by the President of the United States, a state of war declared by the Congress of the United States or as necessary to defend against an actual or impending armed attack on the United States, the Federated States of Micronesia or the Republic of the Marshall Islands, the Government of the United States shall not store in the Federated States of Micronesia or the Republic of the Marshall Islands any toxic chemical weapon, nor any radioactive materials nor any toxic chemical materials intended for weapons use. (c) Radioactive, toxic chemical, or biological materials not intended for weapons use shall not be affected by section 314(b). (d) No material or substance referred to in this section shall be stored in the Federated States of Micronesia except in an amount and manner which would not be hazardous to public health or safety. In determining what shall be an amount or manner which would be hazardous to public health or safety under this section, the Government of the United States shall comply with any applicable mutual agreement, international guidelines accepted by the Government of the United States, and the laws of the United States and their implementing regulations. (e) Any exercise of the exemption authority set forth in section 161(e) shall have no effect on the obligations of the Government of the United States under this section or on the application of this subsection. (f) The provisions of this section shall apply in the areas in which the Government of the Federated States of Micronesia exercises jurisdiction over the living resources of the seabed, subsoil or water column adjacent to its coasts. Section 315 The Government of the United States may invite members of the armed forces of other countries to use military areas and facilities in the Federated States of Micronesia, in conjunction with and under the control of United States Armed Forces. Use by units of the armed forces of other countries of such military areas and facilities, other than for transit and overflight purposes, shall be subject to consultation with and, in the case of major units, approval of the Government of the Federated States of Micronesia. Section 316 The authority and responsibility of the Government of the United States under this Title may not be transferred or otherwise assigned. Article II Defense Facilities and Operating Rights Section 321 (a) Specific arrangements for the establishment and use by the Government of the United States of military areas and facilities in the Federated States of Micronesia are set forth in separate agreements, which shall remain in effect in accordance with the terms of such agreements. (b) If, in the exercise of its authority and responsibility under this Title, the Government of the United States requires the use of areas within the Federated States of Micronesia in addition to those for which specific arrangements are concluded pursuant to section 321(a), it may request the Government of the Federated States of Micronesia to satisfy those requirements through leases or other arrangements. The Government of the Federated States of Micronesia shall sympathetically consider any such request and shall establish suitable procedures to discuss it with and provide a prompt response to the Government of the United States. (c) The Government of the United States recognizes and respects the scarcity and special importance of land in the Federated States of Micronesia. In making any requests pursuant to section 321(b), the Government of the United States shall follow the policy of requesting the minimum area necessary to accomplish the required security and defense purpose, of requesting only the minimum interest in real property necessary to support such purpose, and of requesting first to satisfy its requirement through public real property, where available, rather than through private real property. Section 322 The Government of the United States shall provide and maintain fixed and floating aids to navigation in the Federated States of Micronesia at least to the extent necessary for the exercise of its authority and responsibility under this Title. Section 323 The military operating rights of the Government of the United States and the legal status and contractual arrangements of the United States Armed Forces, their members, and associated civilians, while present in the Federated States of Micronesia are set forth in separate agreements, which shall remain in effect in accordance with the terms of such agreements. Article III Defense Treaties and International Security Agreements Section 331 Subject to the terms of this Compact, as amended, and its related agreements, the Government of the United States, exclusively, has assumed and enjoys, as to the Federated States of Micronesia, all obligations, responsibilities, rights and benefits of: (a) Any defense treaty or other international security agreement applied by the Government of the United States as Administering Authority of the Trust Territory of the Pacific Islands as of November 2, 1986 (b) Any defense treaty or other international security agreement to which the Government of the United States is or may become a party which it determines to be applicable in the Federated States of Micronesia. Such a determination by the Government of the United States shall be preceded by appropriate consultation with the Government of the Federated States of Micronesia. Article IV Service in Armed Forces of the United States Section 341 Any person entitled to the privileges set forth in section 141 (with the exception of any person described in section 141(a)(5) who is not a citizen of the Federated States of Micronesia) shall be eligible to volunteer for service in the Armed Forces of the United States, but shall not be subject to involuntary induction into military service of the United States as long as such person has resided in the United States for a period of less than one year, provided that no time shall count towards this one year while a person admitted to the United States under the Compact, or the Compact, as amended, is engaged in full-time study in the United States. Any person described in section 141(a)(5) who is not a citizen of the Federated States of Micronesia shall be subject to United States laws relating to selective service. [As amended Pub. L. 110229, title VIII,  806(b)(1)(J) May 8, 2008 122 Stat. 872 Section 342 The Government of the United States shall have enrolled, at any one time, at least one qualified student from the Federated States of Micronesia, as may be nominated by the Government of the Federated States of Micronesia, in each of: (a) The United States Coast Guard Academy pursuant to section 195 [now 1923] of title 14, United States Code. (b) The United States Merchant Marine Academy pursuant to section 1303(b)(6) of the Merchant Marine Act, 1936 ([former] 46 U.S.C. [App.] 1295b(b)(6)) [see 46 U.S.C. 51304 46 U.S.C. 51304(b)(2) Pub. L. 110229, title VIII,  806(b)(1)(K) May 8, 2008 122 Stat. 872 Article V General Provisions Section 351 (a) The Government of the United States and the Government of the Federated States of Micronesia shall continue to maintain a Joint Committee empowered to consider disputes arising under the implementation of this Title and its related agreements. (b) The membership of the Joint Committee shall comprise selected senior officials of the two Governments. The senior United States military commander in the Pacific area shall be the senior United States member of the Joint Committee. For the meetings of the Joint Committee, each of the two Governments may designate additional or alternate representatives as appropriate for the subject matter under consideration. (c) Unless otherwise mutually agreed, the Joint Committee shall meet annually at a time and place to be designated, after appropriate consultation, by the Government of the United States. The Joint Committee also shall meet promptly upon request of either of its members. The Joint Committee shall follow such procedures, including the establishment of functional subcommittees, as the members may from time to time agree. Upon notification by the Government of the United States, the Joint Committee of the United States and the Federated States of Micronesia shall meet promptly in a combined session with the Joint Committee established and maintained by the Government of the United States and the Republic of the Marshall Islands to consider matters within the jurisdiction of the two Joint Committees. (d) Unresolved issues in the Joint Committee shall be referred to the Governments for resolution, and the Government of the Federated States of Micronesia shall be afforded, on an expeditious basis, an opportunity to raise its concerns with the United States Secretary of Defense personally regarding any unresolved issue which threatens its continued association with the Government of the United States. Section 352 In the exercise of its authority and responsibility under Title Three, the Government of the United States shall accord due respect to the authority and responsibility of the Government of the Federated States of Micronesia under Titles One, Two and Four and to the responsibility of the Government of the Federated States of Micronesia to assure the well-being of its people. Section 353 (a) The Government of the United States shall not include the Government of the Federated States of Micronesia as a named party to a formal declaration of war, without that Governments consent. (b) Absent such consent, this Compact, as amended, is without prejudice, on the ground of belligerence or the existence of a state of war, to any claims for damages which are advanced by the citizens, nationals or Government of the Federated States of Micronesia, which arise out of armed conflict subsequent to November 3, 1986 (1) petitions to the Government of the United States for redress; or (2) claims in any manner against the government, citizens, nationals or entities of any third country. (c) Petitions under section 353(b)(1) shall be treated as if they were made by citizens of the United States. Section 354 (a) The Government of the United States and the Government of the Federated States of Micronesia are jointly committed to continue their security and defense relations, as set forth in this Title. Accordingly, it is the intention of the two countries that the provisions of this Title shall remain binding as long as this Compact, as amended, remains in effect, and thereafter as mutually agreed, unless earlier terminated by mutual agreement pursuant to section 441, or amended pursuant to Article III of Title Four. If at any time the Government of the United States, or the Government of the Federated States of Micronesia, acting unilaterally, terminates this Title, such unilateral termination shall be considered to be termination of the entire Compact, in which case the provisions of sections 442 and 452 (in the case of termination by the Government of the United States) or sections 443 and 453 (in the case of termination by the Government of the Federated States of Micronesia), with the exception of paragraph (3) of subsection (a) of section 452 or paragraph (3) of subsection (a) of section 453, as the case may be, shall apply. (b) The Government of the United States recognizes, in view of the special relationship between the Government of the United States and the Government of the Federated States of Micronesia, and in view of the existence of the separate agreement regarding mutual security concluded with the Government of the Federated States of Micronesia pursuant to sections 321 and 323, that, even if this Title should terminate, any attack on the Federated States of Micronesia during the period in which such separate agreement is in effect, would constitute a threat to the peace and security of the entire region and a danger to the United States. In the event of such an attack, the Government of the United States would take action to meet the danger to the United States and to the Federated States of Micronesia in accordance with its constitutional processes. (c) As reflected in Article 21(1)(b) of the Trust Fund Agreement, the Government of the United States and the Government of the Federated States of Micronesia further recognize, in view of the special relationship between their countries, that even if this Title should terminate, the Government of the Federated States of Micronesia shall refrain from actions which the Government of the United States determines, after appropriate consultation with that Government, to be incompatible with its authority and responsibility for security and defense matters in or relating to the Federated States of Micronesia or the Republic of the Marshall Islands. [As amended Pub. L. 110229, title VIII,  806(b)(1)(L) May 8, 2008 122 Stat. 873 TITLE FOUR GENERAL PROVISIONS Article I Approval and Effective Date Section 411 Pursuant to section 432 of the Compact and subject to subsection (e) of section 461 of the Compact, as amended, the Compact, as amended, shall come into effect upon mutual agreement between the Government of the United States and the Government of the Federated States of Micronesia subsequent to completion of the following: (a) Approval by the Government of the Federated States of Micronesia in accordance with its constitutional processes. (b) Approval by the Government of the United States in accordance with its constitutional processes. Article II Conference and Dispute Resolution Section 421 The Government of the United States shall confer promptly at the request of the Government of the Federated States of Micronesia and that Government shall confer promptly at the request of the Government of the United States on matters relating to the provisions of this Compact, as amended, or of its related agreements. Section 422 In the event the Government of the United States or the Government of the Federated States of Micronesia, after conferring pursuant to section 421, determines that there is a dispute and gives written notice thereof, the two Governments shall make a good faith effort to resolve the dispute between themselves. Section 423 If a dispute between the Government of the United States and the Government of the Federated States of Micronesia cannot be resolved within 90 days of written notification in the manner provided in section 422, either party to the dispute may refer it to arbitration in accordance with section 424. Section 424 Should a dispute be referred to arbitration as provided for in section 423, an Arbitration Board shall be established for the purpose of hearing the dispute and rendering a decision which shall be binding upon the two parties to the dispute unless the two parties mutually agree that the decision shall be advisory. Arbitration shall occur according to the following terms: (a) An Arbitration Board shall consist of a Chairman and two other members, each of whom shall be a citizen of a party to the dispute. Each of the two Governments which is a party to the dispute shall appoint one member to the Arbitration Board. If either party to the dispute does not fulfill the appointment requirements of this section within 30 days of referral of the dispute to arbitration pursuant to section 423, its member on the Arbitration Board shall be selected from its own standing list by the other party to the dispute. Each Government shall maintain a standing list of 10 candidates. The parties to the dispute shall jointly appoint a Chairman within 15 days after selection of the other members of the Arbitration Board. Failing agreement on a Chairman, the Chairman shall be chosen by lot from the standing lists of the parties to the dispute within 5 days after such failure. (b) Unless otherwise provided in this Compact, as amended, or its related agreements, the Arbitration Board shall have jurisdiction to hear and render its final determination on all disputes arising exclusively under Articles I, II, III, IV and V of Title One, Title Two, Title Four, and their related agreements. (c) Each member of the Arbitration Board shall have one vote. Each decision of the Arbitration Board shall be reached by majority vote. (d) In determining any legal issue, the Arbitration Board may have reference to international law and, in such reference, shall apply as guidelines the provisions set forth in Article 38 of the Statute of the International Court of Justice. (e) The Arbitration Board shall adopt such rules for its proceedings as it may deem appropriate and necessary, but such rules shall not contravene the provisions of this Compact, as amended. Unless the parties provide otherwise by mutual agreement, the Arbitration Board shall endeavor to render its decision within 30 days after the conclusion of arguments. The Arbitration Board shall make findings of fact and conclusions of law and its members may issue dissenting or individual opinions. Except as may be otherwise decided by the Arbitration Board, one-half of all costs of the arbitration shall be borne by the Government of the United States and the remainder shall be borne by the Government of the Federated States of Micronesia. Article III Amendment Section 431 The provisions of this Compact, as amended, may be further amended by mutual agreement of the Government of the United States and the Government of the Federated States of Micronesia, in accordance with their respective constitutional processes. Article IV Termination Section 441 This Compact, as amended, may be terminated by mutual agreement of the Government of the Federated States of Micronesia and the Government of the United States, in accordance with their respective constitutional processes. Such mutual termination of this Compact, as amended, shall be without prejudice to the continued application of section 451 of this Compact, as amended, and the provisions of the Compact, as amended, set forth therein. Section 442 Subject to section 452, this Compact, as amended, may be terminated by the Government of the United States in accordance with its constitutional processes. Such termination shall be effective on the date specified in the notice of termination by the Government of the United States but not earlier than six months following delivery of such notice. The time specified in the notice of termination may be extended. Such termination of this Compact, as amended, shall be without prejudice to the continued application of section 452 of this Compact, as amended, and the provisions of the Compact, as amended, set forth therein. Section 443 This Compact, as amended, shall be terminated by the Government of the Federated States of Micronesia, pursuant to its constitutional processes, subject to section 453 if the people represented by that Government vote in a plebiscite to terminate the Compact, as amended, or by another process permitted by the FSM constitution and mutually agreed between the Governments of the United States and the Federated States of Micronesia. The Government of the Federated States of Micronesia shall notify the Government of the United States of its intention to call such a plebiscite, or to pursue another mutually agreed and constitutional process, which plebiscite or process shall take place not earlier than three months after delivery of such notice. The plebiscite or other process shall be administered by the Government of the Federated States of Micronesia in accordance with its constitutional and legislative processes. If a majority of the valid ballots cast in the plebiscite or other process favors termination, the Government of the Federated States of Micronesia shall, upon certification of the results of the plebiscite or other process, give notice of termination to the Government of the United States, such termination to be effective on the date specified in such notice but not earlier than three months following the date of delivery of such notice. The time specified in the notice of termination may be extended. Article V Survivability Section 451 (a) Should termination occur pursuant to section 441, economic and other assistance by the Government of the United States shall continue only if and as mutually agreed by the Governments of the United States and the Federated States of Micronesia, and in accordance with the parties respective constitutional processes. (b) In view of the special relationship of the United States and the Federated States of Micronesia, as reflected in subsections (b) and (c) of section 354 of this Compact, as amended, and the separate agreement entered into consistent with those subsections, if termination occurs pursuant to section 441 prior to the twentieth anniversary of the effective date of this Compact, as amended, the United States shall continue to make contributions to the Trust Fund described in section 215 of this Compact, as amended. (c) In view of the special relationship of the United States and the Federated States of Micronesia described in subsection (b) of this section, if termination occurs pursuant to section 441 following the twentieth anniversary of the effective date of this Compact, as amended, the Federated States of Micronesia shall be entitled to receive proceeds from the Trust Fund described in section 215 of this Compact, as amended, in the manner described in those provisions and the Trust Fund Agreement governing the distribution of such proceeds. Section 452 (a) Should termination occur pursuant to section 442 prior to the twentieth anniversary of the effective date of this Compact, as amended, the following provisions of this Compact, as amended, shall remain in full force and effect until the twentieth anniversary of the effective date of this Compact, as amended, and thereafter as mutually agreed: (1) Article VI and sections 172, 173, 176 and 177 of Title One; (2) Sections 232 and 234 of Title Two; (3) Title Three; and (4) Articles II, III, V and VI of Title Four. (b) Should termination occur pursuant to section 442 before the twentieth anniversary of the effective date of the Compact, as amended: (1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, economic and other assistance by the United States shall continue only if and as mutually agreed by the Governments of the United States and the Federated States of Micronesia. (2) In view of the special relationship of the United States and the Federated States of Micronesia, as reflected in subsections (b) and (c) of section 354 of this Compact, as amended, and the separate agreement regarding mutual security, and the Trust Fund Agreement, the United States shall continue to make contributions to the Trust Fund described in section 215 of this Compact, as amended, in the manner described in the Trust Fund Agreement. (c) In view of the special relationship of the United States and the Federated States of Micronesia, as reflected in subsections 354(b) and (c) of this Compact, as amended, and the separate agreement regarding mutual security, and the Trust Fund Agreement, if termination occurs pursuant to section 442 following the twentieth anniversary of the effective date of this Compact, as amended, the Federated States of Micronesia shall continue to be eligible to receive proceeds from the Trust Fund described in section 215 of this Compact, as amended, in the manner described in those provisions and the Trust Fund Agreement. Section 453 (a) Should termination occur pursuant to section 443 prior to the twentieth anniversary of the effective date of this Compact, as amended, the following provisions of this Compact, as amended, shall remain in full force and effect until the twentieth anniversary of the effective date of this Compact, as amended, and thereafter as mutually agreed: (1) Article VI and sections 172, 173, 176 and 177 of Title One; (2) Sections 232 and 234 of Title Two; (3) Title Three; and (4) Articles II, III, V and VI of Title Four. (b) Upon receipt of notice of termination pursuant to section 443, the Government of the United States and the Government of the Federated States of Micronesia shall promptly consult with regard to their future relationship. Except as provided in subsection (c) and (d) of this section, these consultations shall determine the level of economic and other assistance, if any, which the Government of the United States shall provide to the Government of the Federated States of Micronesia for the period ending on the twentieth anniversary of the effective date of this Compact, as amended, and for any period thereafter, if mutually agreed. (c) In view of the special relationship of the United States and the Federated States of Micronesia, as reflected in subsections 354(b) and (c) of this Compact, as amended, and the separate agreement regarding mutual security, and the Trust Fund Agreement, if termination occurs pursuant to section 443 prior to the twentieth anniversary of the effective date of this Compact, as amended, the United States shall continue to make contributions to the Trust Fund described in section 215 of this Compact, as amended, in the manner described in the Trust Fund Agreement. (d) In view of the special relationship of the United States and the Federated States of Micronesia, as reflected in subsections 354(b) and (c) of this Compact, as amended, and the separate agreement regarding mutual security, and the Trust Fund Agreement, if termination occurs pursuant to section 443 following the twentieth anniversary of the effective date of this Compact, as amended, the Federated States of Micronesia shall continue to be eligible to receive proceeds from the Trust Fund described in section 215 of this Compact, as amended, in the manner described in those provisions and the Trust Fund Agreement. Section 454 Notwithstanding any other provision of this Compact, as amended: (a) The Government of the United States reaffirms its continuing interest in promoting the economic advancement and budgetary self-reliance of the people of the Federated States of Micronesia. (b) The separate agreements referred to in Article II of Title Three shall remain in effect in accordance with their terms. Article VI Definition of Terms Section 461 For the purpose of this Compact, as amended, only, and without prejudice to the views of the Government of the United States or the Government of the Federated States of Micronesia as to the nature and extent of the jurisdiction of either of them under international law, the following terms shall have the following meanings: (a) Trust Territory of the Pacific Islands means the area established in the Trusteeship Agreement consisting of the former administrative districts of Kosrae, Yap, Ponape, the Marshall Islands and Truk as described in Title One, Trust Territory Code, section 1, in force on January 1, 1979 (b) Trusteeship Agreement means the agreement setting forth the terms of trusteeship for the Trust Territory of the Pacific Islands, approved by the Security Council of the United Nations April 2, 1947 July 18, 1947 July 18, 1947 61 Stat. 3301 (c) The Federated States of Micronesia and the Republic of the Marshall Islands are used in a geographic sense and include the land and water areas to the outer limits of the territorial sea and the air space above such areas as now or hereafter recognized by the Government of the United States. (d) Compact means the Compact of Free Association Between the United States and the Federated States of Micronesia and the Marshall Islands, that was approved by the United States Congress in section 201 of Public Law 99239 Jan. 14, 1986 November 3, 1986 (e) Compact, as amended means the Compact of Free Association Between the United States and the Federated States of Micronesia, as amended. The effective date of the Compact, as amended, shall be on a date to be determined by the President of the United States, and agreed to by the Government of the Federated States of Micronesia, following formal approval of the Compact, as amended, in accordance with section 411 of this Compact, as amended. (f) Government of the Federated States of Micronesia means the Government established and organized by the Constitution of the Federated States of Micronesia including all the political subdivisions and entities comprising that Government. (g) Government of the Republic of the Marshall Islands means the Government established and organized by the Constitution of the Republic of the Marshall Islands including all the political subdivisions and entities comprising that Government. (h) The following terms shall be defined consistent with the 1998 Edition of the Radio Regulations of the International Telecommunication Union as follows: (1) Radiocommunication means telecommunication by means of radio waves. (2) Station means one or more transmitters or receivers or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying on a radiocommunication service, or the radio astronomy service. (3) Broadcasting Service means a radiocommunication service in which the transmissions are intended for direct reception by the general public. This service may include sound transmissions, television transmissions or other types of transmission. (4) Broadcasting Station means a station in the broadcasting service. (5) Assignment (of a radio frequency or radio frequency channel) means an authorization given by an administration for a radio station to use a radio frequency or radio frequency channel under specified conditions. (6) Telecommunication means any transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems. (i) Military Areas and Facilities means those areas and facilities in the Federated States of Micronesia reserved or acquired by the Government of the Federated States of Micronesia for use by the Government of the United States, as set forth in the separate agreements referred to in section 321. (j) Tariff Schedules of the United States means the Tariff Schedules of the United States as amended from time to time and as promulgated pursuant to United States law and includes the Tariff Schedules of the United States Annotated (TSUSA), as amended. (k) Vienna Convention on Diplomatic Relations means the Vienna Convention on Diplomatic Relations, done April 18, 1961 Pub. L. 110229, title VIII,  806(b)(1)(M) May 8, 2008 122 Stat. 873 Section 462 (a) The Government of the United States and the Government of the Federated States of Micronesia previously have concluded agreements pursuant to the Compact, which shall remain in effect and shall survive in accordance with their terms, as follows: (1) Agreement Concluded Pursuant to Section 234 of the Compact; (2) Agreement Between the Government of the United States and the Government of the Federated States of Micronesia Regarding Friendship, Cooperation and Mutual Security Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association; and (3) Agreement Between the Government of the United States of America and the Federated States of Micronesia Regarding Aspects of the Marine Sovereignty and Jurisdiction of the Federated States of Micronesia. (b) The Government of the United States and the Government of the Federated States of Micronesia shall conclude prior to the date of submission of this Compact, as amended, to the legislatures of the two countries, the following related agreements which shall come into effect on the effective date of this Compact, as amended, and shall survive in accordance with their terms, as follows: (1) Federal Programs and Services Agreement Between the Government of the United States of America and the Government of the Federated States of Micronesia Concluded Pursuant to Article III of Title One, Article II of Title Two (including Section 222), and Section 231 of the Compact of Free Association, as amended which includes: (i) Postal Services and Related Programs; (ii) Weather Services and Related Programs; (iii) Civil Aviation Safety Service and Related Programs; (iv) Civil Aviation Economic Services and Related Programs; (v) United States Disaster Preparedness and Response Services and Related Programs; (vi) Federal Deposit Insurance Corporation Services and Related Programs; and (vii) Telecommunications Services and Related Programs. (2) Agreement Between the Government of the United States of America and the Government of the Federated States of Micronesia on Extradition, Mutual Assistance in Law Enforcement Matters and Penal Sanctions Concluded Pursuant to Section 175(a) of the Compact of Free Association, as amended; (3) Agreement Between the Government of the United States of America and the Government of the Federated States of Micronesia on Labor Recruitment Concluded Pursuant to Section 175(b) of the Compact of Free Association, as amended; (4) Agreement Concerning Procedures for the Implementation of United States Economic Assistance Provided in the Compact of Free Association, as Amended, Between the Government of the United States of America and Government of the Federated States of Micronesia; (5) 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; (6) Agreement Regarding the Military Use and Operating Rights of the Government of the United States in the Federated States of Micronesia Concluded Pursuant to Sections 211(b), 321 and 323 of the Compact of Free Association, as Amended; and the (7) Status of Forces Agreement Between the Government of the United States of America and the Government of the Federated States of Micronesia Concluded Pursuant to Section 323 of the Compact of Free Association, as Amended. [As amended Pub. L. 110229, title VIII,  806(b)(1)(N) May 8, 2008 122 Stat. 873 Section 463 (a) Except as set forth in subsection (b) of this section, any reference in this Compact, as amended, to a provision of the United States Code or the Statutes at Large of the United States constitutes the incorporation of the language of such provision into this Compact, as amended, as such provision was in force on the effective date of this Compact, as amended. (b) Any reference in Article IV and Article VI of Title One and Sections 174, 175, 178 and 342 to a provision of the United States Code or the Statutes at Large of the United States or to the Privacy Act, the Freedom of Information Act, the Administrative Procedure Act or the Immigration and Nationality Act constitutes the incorporation of the language of such provision into this Compact, as amended, as such provision was in force on the effective date of this Compact, as amended, or as it may be amended thereafter on a non-discriminatory basis according to the constitutional processes of the United States. [As amended Pub. L. 110229, title VIII,  806(b)(1)(O) May 8, 2008 122 Stat. 873 Article VII Concluding Provisions Section 471 Both the Government of the United States and the Government of the Federated States of Micronesia shall take all necessary steps, of a general or particular character, to ensure, no later than the entry into force date of this Compact, as amended, the conformity of its laws, regulations and administrative procedures with the provisions of this Compact, as amended, or in the case of subsection (d) of section 141, as soon as reasonably possible thereafter. Section 472 This Compact, as amended, may be accepted, by signature or otherwise, by the Government of the United States and the Government of the Federated States of Micronesia. IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Compact of Free Association, as amended, which shall enter into force upon the exchange of diplomatic notes by which the Government of the United States of America and the Government of the Federated States of Micronesia inform each other about the fulfillment of their respective requirements for entry into force. DONE at Pohnpei, Federated States of Micronesia, in duplicate, this fourteenth (14) day of May, 2003, each text being equally authentic. Signed ( May 14, 2003 For the Government of the United States of America: Ambassador Larry M. Dinger U.S. Ambassador to the Federated States of Micronesia Signed ( May 14, 2003 For the Government of the Federated States of Micronesia: His Excellency Jesse B. Marehalau Ambassador Extraordinary and Plenipotentiary 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 Pub. L. 108188, title II,  201(b) Dec. 17, 2003 117 Stat. 2795 Pub. L. 110229, title VIII,  806(b)(2) May 8, 2008 122 Stat. 873  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 is as follows: Preamble the government of the united states of america and the government of the republic of the marshall islands Affirming that their Governments and their relationship as Governments are founded upon respect for human rights and fundamental freedoms for all, and that the people of the Republic of the Marshall Islands have the right to enjoy self-government; and Affirming the common interests of the United States of America and the Republic of the Marshall Islands in creating and maintaining their close and mutually beneficial relationship through the free and voluntary association of their respective Governments; and Affirming the interest of the Government of the United States in promoting the economic advancement and budgetary self-reliance of the Republic of the Marshall Islands; and Recognizing that their relationship until the entry into force on October 21, 1986 Recognizing that the Compact reflected their common desire to terminate the Trusteeship and establish a government-to-government relationship which was in accordance with the new political status based on the freely expressed wishes of the people of the Republic of the Marshall Islands and appropriate to their particular circumstances; and Recognizing that the people of the Republic of the Marshall Islands have and retain their sovereignty and their sovereign right to self-determination and the inherent right to adopt and amend their own Constitution and form of government and that the approval of the entry of the Government of the Republic of the Marshall Islands into the Compact by the people of the Republic of the Marshall Islands constituted an exercise of their sovereign right to self-determination; and Recognizing the common desire of the people of the United States and the people of the Republic of the Marshall Islands to maintain their close government-to-government relationship, the United States and the Republic of the Marshall Islands: NOW, THEREFORE, MUTUALLY AGREE to continue and strengthen their relationship of free association by amending the Compact, which continues to provide a full measure of self-government for the people of the Republic of the Marshall Islands; and FURTHER AGREE that the relationship of free association derives from and is as set forth in this Compact, as amended, by the Governments of the United States and the Republic of the Marshall Islands; and that, during such relationship of free association, the respective rights and responsibilities of the Government of the United States and the Government of the Republic of the Marshall Islands in regard to this relationship of free association derive from and are as set forth in this Compact, as amended. TITLE ONE GOVERNMENTAL RELATIONS Article I Self-Government Section 111 The people of the Republic of the Marshall Islands, acting through the Government established under their Constitution, are self-governing. Article II Foreign Affairs Section 121 (a) The Government of the Republic of the Marshall Islands has the capacity to conduct foreign affairs and shall do so in its own name and right, except as otherwise provided in this Compact, as amended. (b) The foreign affairs capacity of the Government of the Republic of the Marshall Islands includes: (1) the conduct of foreign affairs relating to law of the sea and marine resources matters, including the harvesting, conservation, exploration or exploitation of living and non-living resources from the sea, seabed or subsoil to the full extent recognized under international law; (2) the conduct of its commercial, diplomatic, consular, economic, trade, banking, postal, civil aviation, communications, and cultural relations, including negotiations for the receipt of developmental loans and grants and the conclusion of arrangements with other governments and international and intergovernmental organizations, including any matters specially benefiting its individual citizens. (c) The Government of the United States recognizes that the Government of the Republic of the Marshall Islands has the capacity to enter into, in its own name and right, treaties and other international agreements with governments and regional and international organizations. (d) In the conduct of its foreign affairs, the Government of the Republic of the Marshall Islands confirms that it shall act in accordance with principles of international law and shall settle its international disputes by peaceful means. Section 122 The Government of the United States shall support applications by the Government of the Republic of the Marshall Islands for membership or other participation in regional or international organizations as may be mutually agreed. Section 123 (a) In recognition of the authority and responsibility of the Government of the United States under Title Three, the Government of the Republic of the Marshall Islands shall consult, in the conduct of its foreign affairs, with the Government of the United States. (b) In recognition of the foreign affairs capacity of the Government of the Republic of the Marshall Islands, the Government of the United States, in the conduct of its foreign affairs, shall consult with the Government of the Republic of the Marshall Islands on matters that the Government of the United States regards as relating to or affecting the Government of the Republic of the Marshall Islands. Section 124 The Government of the United States may assist or act on behalf of the Government of the Republic of the Marshall Islands in the area of foreign affairs as may be requested and mutually agreed from time to time. The Government of the United States shall not be responsible to third parties for the actions of the Government of the Republic of the Marshall Islands undertaken with the assistance or through the agency of the Government of the United States pursuant to this section unless expressly agreed. Section 125 The Government of the United States shall not be responsible for nor obligated by any actions taken by the Government of the Republic of the Marshall Islands in the area of foreign affairs, except as may from time to time be expressly agreed. Section 126 At the request of the Government of the Republic of the Marshall Islands and subject to the consent of the receiving state, the Government of the United States shall extend consular assistance on the same basis as for citizens of the United States to citizens of the Republic of the Marshall Islands for travel outside the Republic of the Marshall Islands, the United States and its territories and possessions. Section 127 Except as otherwise provided in this Compact, as amended, or its related agreements, all obligations, responsibilities, rights and benefits of the Government of the United States as Administering Authority which resulted from the application pursuant to the Trusteeship Agreement of any treaty or other international agreement to the Trust Territory of the Pacific Islands on October 20, 1986 Article III Communications Section 131 (a) The Government of the Republic of the Marshall Islands has full authority and responsibility to regulate its domestic and foreign communications, and the Government of the United States shall provide communications assistance as mutually agreed. (b) The Government of the Republic of the Marshall Islands has elected to undertake all functions previously performed by the Government of the United States with respect to domestic and foreign communications, except for those functions set forth in a separate agreement entered into pursuant to this section of the Compact, as amended. Section 132 The Government of the Republic of the Marshall Islands shall permit the Government of the United States to operate telecommunications services in the Republic of the Marshall Islands to the extent necessary to fulfill the obligations of the Government of the United States under this Compact, as amended, in accordance with the terms of separate agreements entered into pursuant to this section of the Compact, as amended. Article IV Immigration Section 141 (a) In furtherance of the special and unique relationship that exists between the United States and the Republic of the Marshall Islands, under the Compact, as amended, any person in the following categories may be admitted to lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions (the United States) without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1182(a)(5) (1) a person who, on October 21, 1986 January 1, 1979 (2) a person who acquires the citizenship of the Republic of the Marshall Islands at birth, on or after the effective date of the Constitution of the Republic of the Marshall Islands; (3) an immediate relative of a person referred to in paragraphs (1) or (2) of this section, provided that such immediate relative is a naturalized citizen of the Republic of the Marshall Islands who has been an actual resident there for not less than five years after attaining such naturalization and who holds a certificate of actual residence, and further provided, that, in the case of a spouse, such spouse has been married to the person referred to in paragraph (1) or (2) of this section for at least five years, and further provided, that the Government of the United States is satisfied that such naturalized citizen meets the requirement of subsection (b) of section 104 of Public Law 99239 (4) a naturalized citizen of the Republic of the Marshall Islands who was an actual resident there for not less than five years after attaining such naturalization and who satisfied these requirements as of April 30, 2003 section 104 of Public Law 99239 (5) an immediate relative of a citizen of the Republic of the Marshall Islands, regardless of the immediate relatives country of citizenship or period of residence in the Republic of the Marshall Islands, if the citizen of the Republic of the Marshall Islands is serving on active duty in any branch of the United States Armed Forces, or in the active reserves. (b) Notwithstanding subsection (a) of this section, a person who is coming to the United States pursuant to an adoption outside the United States, or for the purpose of adoption in the United States, is ineligible for admission under the Compact and the Compact, as amended. This subsection shall apply to any person who is or was an applicant for admission to the United States on or after March 1, 2003 March 1, 2003 (c) Notwithstanding subsection (a) of this section, no person who has been or is granted citizenship in the Republic of the Marshall Islands, or has been or is issued a Republic of the Marshall Islands passport pursuant to any investment, passport sale, or similar program has been or shall be eligible for admission to the United States under the Compact or the Compact, as amended. (d) A person admitted to the United States under the Compact, or the Compact, as amended, shall be considered to have the permission of the Government of the United States to accept employment in the United States. An unexpired Republic of the Marshall Islands passport with unexpired documentation issued by the Government of the United States evidencing admission under the Compact or the Compact, as amended, shall be considered to be documentation establishing identity and employment authorization under section 274A(b)(1)(B) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1324a(b)(1)(B) (e) For purposes of the Compact and the Compact, as amended: (1) the term residence with respect to a person means the persons principal, actual dwelling place in fact, without regard to intent, as provided in section 101(a)(33) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a)(33) (2) the term actual residence means physical presence in the Republic of the Marshall Islands during eighty-five percent of the five-year period of residency required by section 141(a)(3) and (4); (3) the term certificate of actual residence means a certificate issued to a naturalized citizen by the Government of the Republic of the Marshall Islands stating that the citizen has complied with the actual residence requirement of section 141(a)(3) or (4); (4) the term nonimmigrant means an alien who is not an immigrant as defined in section 101(a)(15) of such Act, 8 U.S.C. 1101(a)(15) (5) the term immediate relative means a spouse, or unmarried son or unmarried daughter less than 21 years of age. (f) The Immigration and Nationality Act, as amended, shall apply to any person admitted or seeking admission to the United States (other than a United States possession or territory where such Act does not apply) under the Compact or the Compact, as amended, and nothing in the Compact or the Compact, as amended, shall be construed to limit, preclude, or modify the applicability of, with respect to such person: (1) any ground of inadmissibility or deportability under such Act (except sections 212(a)(5) and 212(a)(7)(B)(i)(II) of such Act, as provided in subsection (a) of this section), and any defense thereto, provided that, section 237(a)(5) of such Act shall be construed and applied as if it reads as follows: any alien who has been admitted under the Compact, or the Compact, as amended, who cannot show that he or she has sufficient means of support in the United States, is deportable; (2) the authority of the Government of the United States under section 214(a)(1) of such Act to provide that admission as a nonimmigrant shall be for such time and under such conditions as the Government of the United States may by regulations prescribe; (3) except for the treatment of certain documentation for purposes of section 274A(b)(1)(B) of such Act as provided by subsection (d) of this section of the Compact, as amended, any requirement under section 274A, including but not limited to section 274A(b)(1)(E); (4) section 643 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104208 (5) the authority of the Government of the United States otherwise to administer and enforce the Immigration and Nationality Act, as amended, or other United States law. (g) Any authority possessed by the Government of the United States under this section of the Compact or the Compact, as amended, may also be exercised by the Government of a territory or possession of the United States where the Immigration and Nationality Act, as amended, does not apply, to the extent such exercise of authority is lawful under a statute or regulation of such territory or possession that is authorized by the laws of the United States. (h) Subsection (a) of this section does not confer on a citizen of the Republic of the Marshall Islands the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, as amended, or to petition for benefits for alien relatives under that Act. Subsection (a) of this section, however, shall not prevent a citizen of the Republic of the Marshall Islands from otherwise acquiring such rights or lawful permanent resident alien status in the United States. Section 142 (a) Any citizen or national of the United States may be admitted to lawfully engage in occupations, and reside in the Republic of the Marshall Islands, subject to the rights of the Government of the Republic of the Marshall Islands to deny entry to or deport any such citizen or national as an undesirable alien. Any determination of inadmissibility or deportability shall be based on reasonable statutory grounds and shall be subject to appropriate administrative and judicial review within the Republic of the Marshall Islands. If a citizen or national of the United States is a spouse of a citizen of the Republic of the Marshall Islands, the Government of the Republic of the Marshall Islands shall allow the United States citizen spouse to establish residence. Should the Republic of the Marshall Islands citizen spouse predecease the United States citizen spouse during the marriage, the Government of the Republic of the Marshall Islands shall allow the United States citizen spouse to continue to reside in the Republic of the Marshall Islands. (b) In enacting any laws or imposing any requirements with respect to citizens and nationals of the United States entering the Republic of the Marshall Islands under subsection (a) of this section, including any grounds of inadmissibility or deportability, the Government of the Republic of the Marshall Islands shall accord to such citizens and nationals of the United States treatment no less favorable than that accorded to citizens of other countries. (c) Consistent with subsection (a) of this section, with respect to citizens and nationals of the United States seeking to engage in employment or invest in the Republic of the Marshall Islands, the Government of the Republic of the Marshall Islands shall adopt immigration-related procedures no less favorable than those adopted by the Government of the United States with respect to citizens of the Republic of the Marshall Islands seeking employment in the United States. Section 143 Any person who relinquishes, or otherwise loses, his United States nationality or citizenship, or his Republic of the Marshall Islands citizenship, shall be ineligible to receive the privileges set forth in sections 141 and 142. Any such person may apply for admission to the United States or the Republic of the Marshall Islands, as the case may be, in accordance with any other applicable laws of the United States or the Republic of the Marshall Islands relating to immigration of aliens from other countries. The laws of the Republic of the Marshall Islands or the United States, as the case may be, shall dictate the terms and conditions of any such persons stay. Article V Representation Section 151 Relations between the Government of the United States and the Government of the Republic of the Marshall Islands shall be conducted in accordance with the Vienna Convention on Diplomatic Relations. In addition to diplomatic missions and representation, the Governments may establish and maintain other offices and designate other representatives on terms and in locations as may be mutually agreed. Section 152 (a) Any citizen or national of the United States who, without authority of the United States, acts as the agent of the Government of the Republic of the Marshall Islands with regard to matters specified in the provisions of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 (b) Subsection (a) of this section shall not apply to a citizen or national of the United States employed by the Government of the Republic of the Marshall Islands with respect to whom the Government of the Republic of the Marshall Islands from time to time certifies to the Government of the United States that such citizen or national is an employee of the Republic of the Marshall Islands whose principal duties are other than those matters specified in the Foreign Agents Registration Act of 1938, as amended, that apply with respect to an agent of a foreign principal. The agency or officer of the United States receiving such certifications shall cause them to be filed with the Attorney General, who shall maintain a publicly available list of the persons so certified. Article VI Environmental Protection Section 161 The Governments of the United States and the Republic of the Marshall Islands declare that it is their policy to promote efforts to prevent or eliminate damage to the environment and biosphere and to enrich understanding of the natural resources of the Republic of the Marshall Islands. In order to carry out this policy, the Government of the United States and the Government of the Republic of the Marshall Islands agree to the following mutual and reciprocal undertakings: (a) The Government of the United States: (1) shall, for its activities controlled by the U.S. Army at Kwajalein Atoll and in the Mid-Atoll Corridor and for U.S. Army Kwajalein Atoll activities in the Republic of the Marshall Islands, continue to apply the Environmental Standards and Procedures for United States Army Kwajalein Atoll Activities in the Republic of the Marshall Islands, unless and until those Standards or Procedures are modified by mutual agreement of the Governments of the United States and the Republic of the Marshall Islands; (2) shall apply the National Environmental Policy Act of 1969, 83 Stat. 852 42 U.S.C. 4321 (3) in the conduct of any activity not described in section 161(a)(1) requiring the preparation of an Environmental Impact Statement under section 161(a)(2), shall comply with standards substantively similar to those required by the following laws of the United States, taking into account the particular environment of the Republic of the Marshall Islands; the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 42 U.S.C. 7401 33 U.S.C. 1251 33 U.S.C. 1411 15 U.S.C. 2601 42 U.S.C. 6901 (4) shall, prior to conducting any activity not described in section 161(a)(1) requiring the preparation of an Environmental Impact Statement under section 161(a)(2), develop, as agreed with the Government of the Republic of the Marshall Islands, written environmental standards and procedures to implement the substantive provisions of the laws made applicable to U.S. Government activities in the Republic of the Marshall Islands, pursuant to section 161(a)(3). (b) The Government of the Republic of the Marshall Islands shall continue to develop and implement standards and procedures to protect its environment. As a reciprocal obligation to the undertakings of the Government of the United States under this Article, the Republic of the Marshall Islands, taking into account its particular environment, shall continue to develop and implement standards for environmental protection substantively similar to those required of the Government of the United States by section 161(a)(3) prior to its conducting activities in the Republic of the Marshall Islands, substantively equivalent to activities conducted there by the Government of the United States and, as a further reciprocal obligation, shall enforce those standards. (c) Section 161(a), including any standard or procedure applicable thereunder, and section 161(b) may be modified or superseded in whole or in part by agreement of the Government of the United States and the Government of the Republic of the Marshall Islands. (d) In the event that an Environmental Impact Statement is no longer required under the laws of the United States for major Federal actions significantly affecting the quality of the human environment, the regulatory regime established under sections 161(a)(3) and 161(a)(4) shall continue to apply to such activities of the Government of the United States until amended by mutual agreement. (e) The President of the United States may exempt any of the activities of the Government of the United States under this Compact, as amended, and its related agreements from any environmental standard or procedure which may be applicable under sections 161(a)(3) and 161(a)(4) if the President determines it to be in the paramount interest of the Government of the United States to do so, consistent with Title Three of this Compact, as amended, and the obligations of the Government of the United States under international law. Prior to any decision pursuant to this subsection, the views of the Government of the Republic of the Marshall Islands shall be sought and considered to the extent practicable. If the President grants such an exemption, to the extent practicable, a report with his reasons for granting such exemption shall be given promptly to the Government of the Republic of the Marshall Islands. (f) The laws of the United States referred to in section 161(a)(3) shall apply to the activities of the Government of the United States under this Compact, as amended, and its related agreements only to the extent provided for in this section. Section 162 The Government of the Republic of the Marshall Islands may bring an action for judicial review of any administrative agency action or any activity of the Government of the United States pursuant to section 161(a) for enforcement of the obligations of the Government of the United States arising thereunder. The United States District Court for the District of Hawaii and the United States District Court for the District of Columbia shall have jurisdiction over such action or activity, and over actions brought under section 172(b) which relate to the activities of the Government of the United States and its officers and employees, governed by section 161, provided that: (a) Such actions may only be civil actions for any appropriate civil relief other than punitive damages against the Government of the United States or, where required by law, its officers in their official capacity; no criminal actions may arise under this section. (b) Actions brought pursuant to this section may be initiated only by the Government of the Republic of the Marshall Islands. (c) Administrative agency actions arising under section 161 shall be reviewed pursuant to the standard of judicial review set forth in 5 U.S.C. 706 (d) The United States District Court for the District of Hawaii and the United States District Court for the District of Columbia shall have jurisdiction to issue all necessary processes, and the Government of the United States agrees to submit itself to the jurisdiction of the court; decisions of the United States District Court shall be reviewable in the United States Court of Appeals for the Ninth Circuit or the United States Court of Appeals for the District of Columbia, respectively, or in the United States Supreme Court as provided by the laws of the United States. (e) The judicial remedy provided for in this section shall be the exclusive remedy for the judicial review or enforcement of the obligations of the Government of the United States under this Article and actions brought under section 172(b), which relate to the activities of the Government of the United States and its officers and employees governed by section 161. (f) In actions pursuant to this section, the Government of the Republic of the Marshall Islands shall be treated as if it were a United States citizen. Section 163 (a) For the purpose of gathering data necessary to study the environmental effects of activities of the Government of the United States subject to the requirements of this Article, the Government of the Republic of the Marshall Islands shall be granted access to facilities operated by the Government of the United States in the Republic of the Marshall Islands, to the extent necessary for this purpose, except to the extent such access would unreasonably interfere with the exercise of the authority and responsibility of the Government of the United States under Title Three. (b) The Government of the United States, in turn, shall be granted access to the Republic of the Marshall Islands for the purpose of gathering data necessary to discharge its obligations under this Article, except to the extent such access would unreasonably interfere with the exercise of the authority and responsibility of the Government of the Republic of the Marshall Islands under Title One, and to the extent necessary for this purpose shall be granted access to documents and other information to the same extent similar access is provided the Government of the Republic of the Marshall Islands under the Freedom of Information Act, 5 U.S.C. 552 (c) The Government of the Republic of the Marshall Islands shall not impede efforts by the Government of the United States to comply with applicable standards and procedures. Article VII General Legal Provisions Section 171 Except as provided in this Compact, as amended, or its related agreements, the application of the laws of the United States to the Trust Territory of the Pacific Islands by virtue of the Trusteeship Agreement ceased with respect to the Marshall Islands on October 21, 1986 Section 172 (a) Every citizen of the Republic of the Marshall Islands who is not a resident of the United States shall enjoy the rights and remedies under the laws of the United States enjoyed by any non-resident alien. (b) The Government of the Republic of the Marshall Islands and every citizen of the Republic of the Marshall Islands shall be considered to be a person within the meaning of the Freedom of Information Act, 5 U.S.C. 552 5 U.S.C. 701706 Section 173 The Governments of the United States and the Republic of the Marshall Islands agree to adopt and enforce such measures, consistent with this Compact, as amended, and its related agreements, as may be necessary to protect the personnel, property, installations, services, programs and official archives and documents maintained by the Government of the United States in the Republic of the Marshall Islands pursuant to this Compact, as amended, and its related agreements and by the Government of the Republic of the Marshall Islands in the United States pursuant to this Compact, Compact, as amended, and its related agreements. Section 174 Except as otherwise provided in this Compact, as amended, and its related agreements: (a) The Government of the Republic of the Marshall Islands, and its agencies and officials, shall be immune from the jurisdiction of the courts of the United States, and the Government of the United States, and its agencies and officials, shall be immune from the jurisdiction of the courts of the Republic of the Marshall Islands. (b) The Government of the United States accepts responsibility for and shall pay: (1) any unpaid money judgment rendered by the High Court of the Trust Territory of the Pacific Islands against the Government of the United States with regard to any cause of action arising as a result of acts or omissions of the Government of the Trust Territory of the Pacific Islands or the Government of the United States prior to October 21, 1986 (2) any claim settled by the claimant and the Government of the Trust Territory of the Pacific Islands but not paid as of October 21, 1986 (3) settlement of any administrative claim or of any action before a court of the Trust Territory of the Pacific Islands or the Government of the United States, arising as a result of acts or omissions of the Government of the Trust Territory of the Pacific Islands or the Government of the United States. (c) Any claim not referred to in section 174(b) and arising from an act or omission of the Government of the Trust Territory of the Pacific Islands or the Government of the United States prior to the effective date of the Compact shall be adjudicated in the same manner as a claim adjudicated according to section 174(d). In any claim against the Government of the Trust Territory of the Pacific Islands, the Government of the United States shall stand in the place of the Government of the Trust Territory of the Pacific Islands. A judgment on any claim referred to in section 174(b) or this subsection, not otherwise satisfied by the Government of the United States, may be presented for certification to the United States Court of Appeals for the Federal Circuit, or its successor courts, which shall have jurisdiction therefore, notwithstanding the provisions of 28 U.S.C. 1502 (d) The Government of the Republic of the Marshall Islands shall not be immune from the jurisdiction of the courts of the United States, and the Government of the United States shall not be immune from the jurisdiction of the courts of the Republic of the Marshall Islands in any civil case in which an exception to foreign state immunity is set forth in the Foreign Sovereign Immunities Act ( 28 U.S.C. 1602 Pub. L. 110229, title VIII,  806(b)(2)(A) May 8, 2008 122 Stat. 873 Section 175 (a) A separate agreement, which shall come into effect simultaneously with this Compact, as amended, and shall have the force of law, shall govern mutual assistance and cooperation in law enforcement matters, including the pursuit, capture, imprisonment and extradition of fugitives from justice and the transfer of prisoners, as well as other law enforcement matters. In the United States, the laws of the United States governing international extradition, including 18 U.S.C. 3184 18 U.S.C. 410015 (b) A separate agreement, which shall come into effect simultaneously with this Compact, as amended, and shall have the force of law, shall govern requirements relating to labor recruitment practices, including registration, reporting, suspension or revocation of authorization to recruit persons for employment in the United States, and enforcement for violations of such requirements. Section 176 The Government of the Republic of the Marshall Islands confirms that final judgments in civil cases rendered by any court of the Trust Territory of the Pacific Islands shall continue in full force and effect, subject to the constitutional power of the courts of the Republic of the Marshall Islands to grant relief from judgments in appropriate cases. Section 177 Section 177 of the Compact entered into force with respect to the Marshall Islands on October 21, 1986  (a) The Government of the United States accepts the responsibility for compensation owing to citizens of the Marshall Islands, or the Federated States of Micronesia (or Palau) for loss or damage to property and person of the citizens of the Marshall Islands, or the Federated States of Micronesia, resulting from the nuclear testing program which the Government of the United States conducted in the Northern Marshall Islands between June 30, 1946 August 18, 1958  (b) The Government of the United States and the Government of the Marshall Islands shall set forth in a separate agreement provisions for the just and adequate settlement of all such claims which have arisen in regard to the Marshall Islands and its citizens and which have not as yet been compensated or which in the future may arise, for the continued administration by the Government of the United States of direct radiation related medical surveillance and treatment programs and radiological monitoring activities and for such additional programs and activities as may be mutually agreed, and for the assumption by the Government of the Marshall Islands of responsibility for enforcement of limitations on the utilization of affected areas developed in cooperation with the Government of the United States and for the assistance by the Government of the United States in the exercise of such responsibility as may be mutually agreed. This separate agreement shall come into effect simultaneously with this Compact and shall remain in effect in accordance with its own terms.  (c) The Government of the United States shall provide to the Government of the Marshall Islands, on a grant basis, the amount of $150 million to be paid and distributed in accordance with the separate agreement referred to in this Section, and shall provide the services and programs set forth in this separate agreement, the language of which is incorporated into this Compact.. The Compact, as amended, makes no changes to, and has no effect upon, Section 177 of the Compact, nor does the Compact, as amended, change or affect the separate agreement referred to in Section 177 of the Compact including Articles IX and X of that separate agreement, and measures taken by the parties thereunder. [As amended Pub. L. 110229, title VIII,  806(b)(2)(B) May 8, 2008 122 Stat. 873 Section 178 (a) The Federal agencies of the Government of the United States that provide services and related programs in the Republic of the Marshall Islands pursuant to Title Two are authorized to settle and pay tort claims arising in the Republic of the Marshall Islands from the activities of such agencies or from the acts or omissions of the employees of such agencies. Except as provided in section 178(b), the provisions of 28 U.S.C. 2672 31 U.S.C. 1304 (b) Claims under section 178(a) that cannot be settled under section 178(a) shall be disposed of exclusively in accordance with Article II of Title Four. Arbitration awards rendered pursuant to this subsection shall be paid out of funds under 31 U.S.C. 1304 (c) The Government of the United States and the Government of the Republic of the Marshall Islands shall, in the separate agreement referred to in section 231, provide for: (1) the administrative settlement of claims referred to in section 178(a), including designation of local agents in each State of the Republic of the Marshall Islands; such agents to be empowered to accept, investigate and settle such claims, in a timely manner, as provided in such separate agreements; and (2) arbitration, referred to in section 178(b), in a timely manner, at a site convenient to the claimant, in the event a claim is not otherwise settled pursuant to section 178(a). (d) The provisions of section 174(d) shall not apply to claims covered by this section. (e) Except as otherwise explicitly provided by law of the United States, this Compact, as amended, or its related agreements, neither the Government of the United States, its instrumentalities, nor any person acting on behalf of the Government of the United States, shall be named a party in any action based on, or arising out of, the activity or activities of a recipient of any grant or other assistance provided by the Government of the United States (or the activity or activities of the recipients agency or any other person or entity acting on behalf of the recipient). Section 179 (a) The courts of the Republic of the Marshall Islands shall not exercise criminal jurisdiction over the Government of the United States, or its instrumentalities. (b) The courts of the Republic of the Marshall Islands shall not exercise criminal jurisdiction over any person if the Government of the United States provides notification to the Government of the Republic of the Marshall Islands that such person was acting on behalf of the Government of the United States, for actions taken in furtherance of section 221 or 224 of this Compact, as amended, or any other provision of law authorizing financial, program, or service assistance to the Republic of the Marshall Islands. [As amended Pub. L. 110229, title VIII,  806(b)(2)(C) May 8, 2008 122 Stat. 873 TITLE TWO ECONOMIC RELATIONS Article I Grant Assistance Section 211 - Annual Grant Assistance (a) In order to assist the Government of the Republic of the Marshall Islands in its efforts to promote the economic advancement and budgetary self-reliance of its people, and in recognition of the special relationship that exists between the Republic of the Marshall Islands and the United States, the Government of the United States shall provide assistance on a grant basis for a period of twenty years in the amounts set forth in section 217, commencing on the effective date of this Compact, as amended. Such grants shall be used for assistance in education, health care, the environment, public sector capacity building, and private sector development, or for other areas as mutually agreed, with priorities in the education and health care sectors. Consistent with the medium-term budget and investment framework described in subsection (f) of this section, the proposed division of this amount among the identified areas shall require the concurrence of both the Government of the United States and the Government of the Republic of the Marshall Islands, through the Joint Economic Management and Financial Accountability Committee described in section 214. The Government of the United States shall disburse the grant assistance and monitor the use of such grant assistance in accordance with the provisions of this Article and an Agreement Concerning Procedures for the Implementation of United States Economic Assistance Provided in 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 (Fiscal Procedures Agreement) which shall come into effect simultaneously with this Compact, as amended. (1)  Education United States grant assistance shall be made available in accordance with the strategic framework described in subsection (f) of this section to support and improve the educational system of the Republic of the Marshall Islands and develop the human, financial, and material resources necessary for the Republic of the Marshall Islands to perform these services. Emphasis should be placed on advancing a quality basic education system. (2)  Health United States grant assistance shall be made available in accordance with the strategic framework described in subsection (f) of this section to support and improve the delivery of preventive, curative and environmental care and develop the human, financial, and material resources necessary for the Republic of the Marshall Islands to perform these services. (3)  Private sector development United States grant assistance shall be made available in accordance with the strategic framework described in subsection (f) of this section to support the efforts of the Republic of the Marshall Islands to attract foreign investment and increase indigenous business activity by vitalizing the commercial environment, ensuring fair and equitable application of the law, promoting adherence to core labor standards, maintaining progress toward privatization of state-owned and partially state-owned enterprises, and engaging in other reforms. (4)  Capacity building in the public sector United States grant assistance shall be made available in accordance with the strategic framework described in subsection (f) of this section to support the efforts of the Republic of the Marshall Islands to build effective, accountable and transparent national and local government and other public sector institutions and systems. (5)  Environment United States grant assistance shall be made available in accordance with the strategic framework described in subsection (f) of this section to increase environmental protection; establish and manage conservation areas; engage in environmental infrastructure planning, design construction and operation; and to involve the citizens of the Republic of the Marshall Islands in the process of conserving their countrys natural resources. (b)  Kwajalein Atoll. (1) Of the total grant assistance made available under subsection (a) of this section, the amount specified herein shall be allocated annually from fiscal year 2004 through fiscal year 2023 (and thereafter in accordance with the 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)) to advance the objectives and specific priorities set forth in subsections (a) and (d) of this section and the Fiscal Procedures Agreement, to address the special needs of the community at Ebeye, Kwajalein Atoll and other Marshallese communities within Kwajalein Atoll. This United States grant assistance shall be made available, in accordance with the medium-term budget and investment framework described in subsection (f) of this section, to support and improve the infrastructure and delivery of services and develop the human and material resources necessary for the Republic of the Marshall Islands to carry out its responsibility to maintain such infrastructure and deliver such services. The amount of this assistance shall be $3,100,000, with an inflation adjustment as provided in section 218, from fiscal year 2004 through fiscal year 2013 and the fiscal year 2013 level of funding, with an inflation adjustment as provided in section 218, will be increased by $2 million for fiscal year 2014. The fiscal year 2014 level of funding, with an inflation adjustment as provided in section 218, will be made available from fiscal year 2015 through fiscal year 2023 (and thereafter as noted above). (2) The Government of the United States shall also provide to the Government of the Republic of the Marshall Islands, in conjunction with section 321(a) of this Compact, as amended, an annual payment from fiscal year 2004 through fiscal year 2023 (and thereafter in accordance with the Agreement between the Government of the United States and the Government of the Republic of the Marshall Islands Regarding Military Use and Operating Rights) of $1.9 million. This grant assistance will be subject to the Fiscal Procedures Agreement and will be adjusted for inflation under section 218 and used to address the special needs of the community at Ebeye, Kwajalein Atoll and other Marshallese communities within Kwajalein Atoll with emphasis on the Kwajalein landowners, as described in the Fiscal Procedures Agreement. (3) Of the total grant assistance made available under subsection (a) of this section, and in conjunction with section 321(a) of the Compact, as amended, $200,000, with an inflation adjustment as provided in section 218, shall be allocated annually from fiscal year 2004 through fiscal year 2023 (and thereafter as provided in the Agreement between the Government of the United States and the Government of the Republic of the Marshall Islands Regarding Military Use and Operating Rights) for a grant to support increased participation of the Government of the Republic of the Marshall Islands Environmental Protection Authority in the annual U.S. Army Kwajalein Atoll Environmental Standards Survey and to promote a greater Government of the Republic of the Marshall Islands capacity for independent analysis of the Surveys findings and conclusions. (c)  Humanitarian AssistanceRepublic of the Marshall Islands Program In recognition of the special development needs of the Republic of the Marshall Islands, the Government of the United States shall make available to the Government of the Republic of the Marshall Islands, on its request and to be deducted from the grant amount made available under subsection (a) of this section, a Humanitarian AssistanceRepublic of the Marshall Islands (HARMI) Program with emphasis on health, education, and infrastructure (including transportation), projects and such other projects as mutually agreed. The terms and conditions of the HARMI shall be set forth in the 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, which shall come into effect simultaneously with the amendments to this Compact. (d)  Public Infrastructure. (1) Unless otherwise agreed, not less than 30 percent and not more than 50 percent of U.S. annual grant assistance provided under this section shall be made available in accordance with a list of specific projects included in the infrastructure improvement and maintenance plan prepared by the Government of the Republic of the Marshall Islands as part of the strategic framework described in subsection (f) of this section. (2)  Infrastructure maintenance fund Five percent of the annual public infrastructure grant made available under paragraph (1) of this subsection shall be set aside, with an equal contribution from the Government of the Republic of the Marshall Islands, as a contribution to an Infrastructure Maintenance Fund. Administration of the Infrastructure Maintenance Fund shall be governed by the Fiscal Procedures Agreement. (e)  Disaster Assistance Emergency Fund Of the total grant assistance made available under subsection (a) of this section, an amount of two hundred thousand dollars ($200,000) shall be provided annually, with an equal contribution from the Government of the Republic of the Marshall Islands, as a contribution to a Disaster Assistance Emergency Fund (DAEF). Any funds from the DAEF may be used only for assistance and rehabilitation resulting from disasters and emergencies. The funds will be accessed upon declaration of a State of Emergency by the Government of the Republic of the Marshall Islands, with the concurrence of the United States Chief of Mission to the Republic of the Marshall Islands. Administration of the DAEF shall be governed by the Fiscal Procedures Agreement and the Federal Programs and Services Agreement referred to in section 231. (f)  Budget and Investment Framework The Government of the Republic of the Marshall Islands shall prepare and maintain an official medium-term budget and investment framework. The framework shall be strategic in nature, shall be continuously reviewed and updated through the annual budget process, and shall make projections on a multi-year rolling basis. Each of the sectors and areas named in subsections (a), (b), and (d) of this section, or other sectors and areas as mutually agreed, shall be accorded specific treatment in the framework. Those portions of the framework that contemplate the use of United States grant funds shall require the concurrence of both the Government of the United States and the Government of the Republic of the Marshall Islands. [As amended Pub. L. 110229, title VIII,  806(b)(2)(D) May 8, 2008 122 Stat. 873 Section 212 - Kwajalein Impact and Use The Government of the United States shall provide to the Government of the Republic of the Marshall Islands in conjunction with section 321(a) of the Compact, as amended, and the agreement between the Government of the United States and the Government of the Republic of the Marshall Islands regarding military use and operating rights, a payment in fiscal year 2004 of $15,000,000, with no adjustment for inflation. In fiscal year 2005 and through fiscal year 2013, the annual payment will be the fiscal year 2004 amount ($15,000,000) with an inflation adjustment as provided under section 218. In fiscal year 2014, the annual payment will be $18,000,000 (with no adjustment for inflation) or the fiscal year 2013 amount with an inflation adjustment under section 218, whichever is greater. For fiscal year 2015 through fiscal year 2023 (and thereafter in accordance with the Agreement between the Government of the United States and the Government of the Republic of the Marshall Islands Regarding Military Use and Operating Rights) the annual payment will be the fiscal year 2014 amount, with an inflation adjustment as provided under section 218. Section 213 - Accountability (a) Regulations and policies normally applicable to United States financial assistance to its state and local governments, as set forth in the Fiscal Procedures Agreement, shall apply to each grant described in section 211, and to grants administered under section 221 below, except as modified in the separate agreements referred to in section 231 of this Compact, as amended, or by U.S. law. As set forth in the Fiscal Procedures Agreement, reasonable terms and conditions, including annual performance indicators that are necessary to ensure effective use of United States assistance and reasonable progress toward achieving program objectives may be attached. In addition, the United States may seek appropriate remedies for noncompliance with the terms and conditions attached to the assistance, or for failure to comply with section 234, including withholding assistance. (b) The Government of the United States shall, for each fiscal year of the twenty years during which assistance is to be provided on a sector grant basis under section 211 (a), grant the Government of the Republic of the Marshall Islands an amount equal to the lesser of (i) one half of the reasonable, properly documented cost incurred during such fiscal year to conduct the annual audit required under Article VIII (2) of the Fiscal Procedures Agreement or (ii) $500,000. Such amount will not be adjusted for inflation under section 218 or otherwise. Section 214 - Joint Economic Management and Financial Accountability Committee The Governments of the United States and the Republic of the Marshall Islands shall establish a Joint Economic Management and Financial Accountability Committee, composed of a U.S. chair, two other members from the Government of the United States and two members from the Government of the Republic of the Marshall Islands. The Joint Economic Management and Financial Accountability Committee shall meet at least once each year to review the audits and reports required under this Title and the Fiscal Procedures Agreement, evaluate the progress made by the Republic of the Marshall Islands in meeting the objectives identified in its framework described in subsection (f) of section 211, with particular focus on those parts of the framework dealing with the sectors and areas identified in subsection (a) of section 211, identify problems encountered, and recommend ways to increase the effectiveness of U.S. assistance made available under this Title. The establishment and operations of the Joint Economic Management and Financial Accountability Committee shall be governed by the Fiscal Procedures Agreement. Section 215 - Annual Report The Government of the Republic of the Marshall Islands shall report annually to the President of the United States on the use of United States sector grant assistance and other assistance and progress in meeting mutually agreed program and economic goals. The Joint Economic Management and Financial Accountability Committee shall review and comment on the report and make appropriate recommendations based thereon. Section 216 - Trust Fund (a) The United States shall contribute annually for twenty years from the effective date of the Compact, as amended, in the amounts set forth in section 217 into a trust fund established in accordance with the Agreement Between the Government of the United States of America and the Government of the Republic of the Marshall Islands Implementing Section 216 and Section 217 of the Compact, as Amended, Regarding a Trust Fund (Trust Fund Agreement), which shall come into effect simultaneously with this Compact, as amended. Upon termination of the annual grant assistance under section 211 (a), (d) and (e), the earnings of the fund shall thereafter be used for the purposes described in section 211 or as otherwise mutually agreed. (b) The United States contribution into the Trust Fund described in subsection (a) of this section is conditioned on the Government of the Republic of the Marshall Islands contributing to the Trust Fund at least $25,000,000, on the effective date of the Trust Fund Agreement or on October 1, 2003 October 1, 2004 October 1, 2005 section 111(d) of Public Law 99239 January 14, 1986 (c) The terms regarding the investment and management of funds and use of the income of the Trust Fund shall be governed by the Trust Fund Agreement. Funds derived from United States investment shall not be subject to Federal or state taxes in the United States or any taxes in the Republic of the Marshall Islands. The Trust Fund Agreement shall also provide for annual reports to the Government of the United States and to the Government of the Republic of the Marshall Islands. The Trust Fund Agreement shall provide for appropriate distributions of trust fund proceeds to the Republic of the Marshall Islands and for appropriate remedies for the failure of the Republic of the Marshall Islands to use income of the Trust Fund for the annual grant purposes set forth in section 211. These remedies may include the return to the United States of the present market value of its contributions to the Trust Fund and the present market value of any undistributed income on the contributions of the United States. If this Compact, as amended, is terminated, the provisions of sections 451453 of the Compact, as amended, and the Trust Fund Agreement shall govern treatment of any U.S. contributions to the Trust Fund or accrued income thereon. Section 217 - Annual Grant Funding and Trust Fund Contributions The funds described in sections 211, 212, 213(b), and 216 shall be made available as follows:      [In millions of dollars]  Fiscal year Annual Grants Section 211 Audit Grant Section 213(b) Trust Fund Section 216 (a&c) Kwajalein Impact Section 212 Total  2004 35.2 .5 7 15.0 57.7 2005 34.7 .5 7.5 15.0 57.7 2006 34.2 .5 8 15.0 57.7 2007 33.7 .5 8.5 15.0 57.7 2008 33.2 .5 9 15.0 57.7 2009 32.7 .5 9.5 15.0 57.7 2010 32.2 .5 10 15.0 57.7 2011 31.7 .5 10.5 15.0 57.7 2012 31.2 .5 11 15.0 57.7 2013 30.7 .5 11.5 15.0 57.7 2014 32.2 .5 12 18.0 62.7 2015 31.7 .5 12.5 18.0 62.7 2016 31.2 .5 13 18.0 62.7 2017 30.7 .5 13.5 18.0 62.7 2018 30.2 .5 14 18.0 62.7 2019 29.7 .5 14.5 18.0 62.7 2020 29.2 .5 15 18.0 62.7 2021 28.7 .5 15.5 18.0 62.7 2022 28.2 .5 16 18.0 62.7 2023 27.7 .5 16.5 18.0 62.7 Section 218 - Inflation Adjustment Except as otherwise provided, the amounts stated in this Title shall be adjusted for each United States Fiscal Year by the percent that equals two-thirds of the percent change in the United States Gross Domestic Product Implicit Price Deflator, or 5 percent, whichever is less in any one year, using the beginning of Fiscal Year 2004 as a base. Section 219 - Carry-Over of Unused Funds If in any year the funds made available by the Government of the United States for that year pursuant to this Article are not completely obligated by the Government of the Republic of the Marshall Islands, the unobligated balances shall remain available in addition to the funds to be provided in subsequent years. Article II Services and Program Assistance Section 221 (a)  Services The Government of the United States shall make available to the Republic of the Marshall Islands, in accordance with and to the extent provided in the Federal Programs and Services Agreement referred to in section 231, the services and related programs of: (1) the United States Weather Service; (2) the United States Postal Service; (3) the United States Federal Aviation Administration; (4) the United States Department of Transportation; and (5) the Department of Homeland Security (Federal Emergency Management Agency), and the United States Agency for International Development, Office of Foreign Disaster Assistance. Upon the effective date of this Compact, as amended, the United States Departments and Agencies named or having responsibility to provide these services and related programs shall have the authority to implement the relevant provisions of the Federal Programs and Services Agreement referred to in section 231. (b)  Programs. (1) Other than the services and programs covered by subsection (a) of this section, and to the extent authorized by the Congress of the United States, the Government of the United States shall make available to the Republic of the Marshall Islands the services and programs that were available to the Republic of the Marshall Islands on the effective date of this Compact, as amended, to the extent that such services and programs continue to be available to State and local governments of the United States. As set forth in the Fiscal Procedures Agreement, funds provided under subsection (a) of section 211 shall be considered to be local revenues of the Government of the Republic of the Marshall Islands when used as the local share required to obtain Federal programs and services. (2) Unless provided otherwise by U.S. law, the services and programs described in paragraph (1) of this subsection shall be extended in accordance with the terms of the Federal Programs and Services Agreement. (c) The Government of the United States shall have and exercise such authority as is necessary to carry out its responsibilities under this Title and the Federal Programs and Services Agreement, including the authority to monitor and administer all service and program assistance provided by the United States to the Republic of the Marshall Islands. The Federal Programs and Services Agreement shall also set forth the extent to which services and programs shall be provided to the Republic of the Marshall Islands. (d) Except as provided elsewhere in this Compact, as amended, under any separate agreement entered into under this Compact, as amended, or otherwise under U.S. law, all Federal domestic programs extended to or operating in the Republic of the Marshall Islands shall be subject to all applicable criteria, standards, reporting requirements, auditing procedures, and other rules and regulations applicable to such programs and services when operating in the United States. (e) The Government of the United States shall make available to the Republic of the Marshall Islands alternate energy development projects, studies, and conservation measures to the extent provided for the Freely Associated States in the laws of the United States. [As amended Pub. L. 110229, title VIII,  806(b)(2)(E) May 8, 2008 122 Stat. 873 Section 222 The Government of the United States and the Government of the Republic of the Marshall Islands may agree from time to time to extend to the Republic of the Marshall Islands additional United States grant assistance, services and programs, as provided under the laws of the United States. Unless inconsistent with such laws, or otherwise specifically precluded by the Government of the United States at the time such additional grant assistance, services, or programs are extended, the Federal Programs and Services Agreement shall apply to any such assistance, services or programs. Section 223 The Government of the Republic of the Marshall Islands shall make available to the Government of the United States at no cost such land as may be necessary for the operations of the services and programs provided pursuant to this Article, and such facilities as are provided by the Government of the Republic of the Marshall Islands at no cost to the Government of the United States as of the effective date of this Compact, as amended, or as may be mutually agreed thereafter. Section 224 The Government of the Republic of the Marshall Islands may request, from the time to time, technical assistance from the Federal agencies and institutions of the Government of the United States, which are authorized to grant such technical assistance in accordance with its laws. If technical assistance is granted pursuant to such a request, the Government of the United States shall provide the technical assistance in a manner which gives priority consideration to the Republic of the Marshall Islands over other recipients not a part of the United States, its territories or possessions, and equivalent consideration to the Republic of the Marshall Islands with respect to other states in Free Association with the United States. Such assistance shall be made available on a reimbursable or non-reimbursable basis to the extent provided by United States law. Article III Administrative Provisions Section 231 The specific nature, extent and contractual arrangements of the services and programs provided for in section 221 of this Compact, as amended, as well as the legal status of agencies of the Government of the United States, their civilian employees and contractors, and the dependents of such personnel while present in the Republic of the Marshall Islands, and other arrangements in connection with the assistance, services, or programs furnished by the Government of the United States, are set forth in a Federal Programs and Services Agreement which shall come into effect simultaneously with this Compact, as amended. Section 232 The Government of the United States, in consultation with the Government of the Republic of the Marshall Islands, shall determine and implement procedures for the periodic audit of all grants and other assistance made under Article I of this Title and of all funds expended for the services and programs provided under Article II of this Title. Further, in accordance with the Fiscal Procedures Agreement described in subsection (a) of section 211, the Comptroller General of the United States shall have such powers and authorities as described in section 103(k) of Public Law 108188 117 Stat. 2734 December 17, 2003 Pub. L. 110229, title VIII,  806(b)(2)(F) May 8, 2008 122 Stat. 873 Section 233 Approval of this Compact, as amended, by the Government of the United States, in accordance with its constitutional processes, shall constitute a pledge by the United States that the sums and amounts specified as grants in section 211 of this Compact, as amended, shall be appropriated and paid to the Republic of the Marshall Islands for such period as those provisions of this Compact, as amended, remain in force, provided that the Republic of the Marshall Islands complies with the terms and conditions of this Title and related subsidiary agreements. Section 234 The Government of the Republic of the Marshall Islands pledges to cooperate with, permit, and assist if reasonably requested, designated and authorized representatives of the Government of the United States charged with investigating whether Compact funds, or any other assistance authorized under this Compact, as amended, have, or are being, used for purposes other than those set forth in this Compact, as amended, or its subsidiary agreements. In carrying out this investigative authority, such United States Government representatives may request that the Government of the Republic of the Marshall Islands subpoena documents and records and compel testimony in accordance with the laws and Constitution of the Republic of the Marshall Islands. Such assistance by the Government of the Republic of the Marshall Islands to the Government of the United States shall not be unreasonably withheld. The obligation of the Government of the Marshall Islands to fulfill its pledge herein is a condition to its receiving payment of such funds or other assistance authorized under this Compact, as amended. The Government of the United States shall pay any reasonable costs for extraordinary services executed by the Government of the Marshall Islands in carrying out the provisions of this section. Article IV Trade Section 241 The Republic of the Marshall Islands is not included in the customs territory of the United States. Section 242 The President shall proclaim the following tariff treatment for articles imported from the Republic of the Marshall Islands which shall apply during the period of effectiveness of this title: (a) Unless otherwise excluded, articles imported from the Republic of the Marshall Islands, subject to the limitations imposed under section 503(b) of title V of the Trade Act of 1974 ( 19 U.S.C. 2463(b) (b) Only tuna in airtight containers provided for in heading 1604.14.22 of the Harmonized Tariff Schedule of the United States that is imported from the Republic of the Marshall Islands and the Federated States of Micronesia during any calendar year not to exceed 10 percent of apparent United States consumption of tuna in airtight containers during the immediately preceding calendar year, as reported by the National Marine Fisheries Service, shall be exempt from duty; but the quantity of tuna given duty-free treatment under this paragraph for any calendar year shall be counted against the aggregated quantity of tuna in airtight containers that is dutiable under rate column numbered 1 of such heading 1604.14.22 for that calendar year. (c) The duty-free treatment provided under subsection (a) shall not apply to: (1) watches, clocks, and timing apparatus provided for in Chapter 91, excluding heading 9113, of the Harmonized Tariff Schedule of the United States; (2) buttons (whether finished or not finished) provided for in items 9606.21.40 and 9606.29.20 of such Schedule; (3) textile and apparel articles which are subject to textile agreements; and (4) footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of title V of the Trade Act of 1974 ( 19 U.S.C. 2461 April 1, 1984 (d) If the cost or value of materials produced in the customs territory of the United States is included with respect to an eligible article which is a product of the Republic of the Marshall Islands, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied for duty assessment purposes toward determining the percentage referred to in section 503(a)(2) of title V of the Trade Act of 1974. Section 243 Articles imported from the Republic of the Marshall Islands which are not exempt from duty under subsections (a), (b), (c), and (d) of section 242 shall be subject to the rates of duty set forth in column numbered 1-general of the Harmonized Tariff Schedule of the United States (HTSUS). Section 244 (a) All products of the United States imported into the Republic of the Marshall Islands shall receive treatment no less favorable than that accorded like products of any foreign country with respect to customs duties or charges of a similar nature and with respect to laws and regulations relating to importation, exportation, taxation, sale, distribution, storage or use. (b) The provisions of subsection (a) shall not apply to advantages accorded by the Republic of the Marshall Islands by virtue of their full membership in the Pacific Island Countries Trade Agreement (PICTA), done on August 18, 2001 (c) Prior to entering into consultations on, or concluding, a free trade agreement with governments not listed in Article 26 of PICTA, the Republic of the Marshall Islands shall consult with the United States regarding whether or how subsection (a) of section 244 shall be applied. Article V Finance and Taxation Section 251 The currency of the United States is the official circulating legal tender of the Republic of the Marshall Islands. Should the Government of the Republic of the Marshall Islands act to institute another currency, the terms of an appropriate currency transitional period shall be as agreed with the Government of the United States. Section 252 The Government of the Republic of the Marshall Islands may, with respect to United States persons, tax income derived from sources within its respective jurisdiction, property situated therein, including transfers of such property by gift or at death, and products consumed therein, in such manner as the Government of the Republic of the Marshall Islands deems appropriate. The determination of the source of any income, or the situs of any property, shall for purposes of this Compact, as amended, be made according to the United States Internal Revenue Code. Section 253 A citizen of the Republic of the Marshall Islands, domiciled therein, shall be exempt from estate, gift, and generation-skipping transfer taxes imposed by the Government of the United States, provided that such citizen of the Republic of the Marshall Islands is neither a citizen nor a resident of the United States. Section 254 (a) In determining any income tax imposed by the Government of the Republic of the Marshall Islands, the Government of the Republic of the Marshall Islands shall have authority to impose tax upon income derived by a resident of the Republic of the Marshall Islands from sources without the Republic of the Marshall Islands, in the same manner and to the same extent as the Government of the Republic of the Marshall Islands imposes tax upon income derived from within its own jurisdiction. If the Government of the Republic of the Marshall Islands exercises such authority as provided in this subsection, any individual resident of the Republic of the Marshall Islands who is subject to tax by the Government of the United States on income which is also taxed by the Government of the Republic of the Marshall Islands shall be relieved of liability to the Government of the United States for the tax which, but for this subsection, would otherwise be imposed by the Government of the United States on such income. However, the relief from liability to the United States Government referred to in the preceding sentence means only relief in the form of the foreign tax credit (or deduction in lieu thereof) available with respect to the income taxes of a possession of the United States, and relief in the form of the exclusion under section 911 of the Internal Revenue Code of 1986. For purposes of this section, the term resident of the Republic of the Marshall Islands shall be deemed to include any person who was physically present in the Republic of the Marshall Islands for a period of 183 or more days during any taxable year. (b) If the Government of the Republic of the Marshall Islands subjects income to taxation substantially similar to that which was imposed by the Trust Territory Code in effect on January 1, 1980 Section 255 For purposes of section 274(h)(3)(A) of the U.S. Internal Revenue Code of 1986, the term North American Area shall include the Republic of the Marshall Islands. TITLE THREE SECURITY AND DEFENSE RELATIONS Article I Authority and Responsibility Section 311 (a) The Government of the United States has full authority and responsibility for security and defense matters in or relating to the Republic of the Marshall Islands. (b) This authority and responsibility includes: (1) the obligation to defend the Republic of the Marshall Islands and its people from attack or threats thereof as the United States and its citizens are defended; (2) the option to foreclose access to or use of the Republic of the Marshall Islands by military personnel or for the military purposes of any third country; and (3) the option to establish and use military areas and facilities in the Republic of the Marshall Islands, subject to the terms of the separate agreements referred to in sections 321 and 323. (c) The Government of the United States confirms that it shall act in accordance with the principles of international law and the Charter of the United Nations in the exercise of this authority and responsibility. Section 312 Subject to the terms of any agreements negotiated in accordance with sections 321 and 323, the Government of the United States may conduct within the lands, waters and airspace of the Republic of the Marshall Islands the activities and operations necessary for the exercise of its authority and responsibility under this Title. Section 313 (a) The Government of the Republic of the Marshall Islands shall refrain from actions that the Government of the United States determines, after appropriate consultation with that Government, to be incompatible with its authority and responsibility for security and defense matters in or relating to the Republic of the Marshall Islands. (b) The consultations referred to in this section shall be conducted expeditiously at senior levels of the two Governments, and the subsequent determination by the Government of the United States referred to in this section shall be made only at senior interagency levels of the Government of the United States. (c) The Government of the Republic of the Marshall Islands shall be afforded, on an expeditious basis, an opportunity to raise its concerns with the United States Secretary of State personally and the United States Secretary of Defense personally regarding any determination made in accordance with this section. Section 314 (a) Unless otherwise agreed, the Government of the United States shall not, in the Republic of the Marshall Islands: (1) test by detonation or dispose of any nuclear weapon, nor test, dispose of, or discharge any toxic chemical or biological weapon; or (2) test, dispose of, or discharge any other radioactive, toxic chemical or biological materials in an amount or manner that would be hazardous to public health or safety. (b) Unless otherwise agreed, other than for transit or overflight purposes or during time of a national emergency declared by the President of the United States, a state of war declared by the Congress of the United States or as necessary to defend against an actual or impending armed attack on the United States, the Republic of the Marshall Islands or the Federated States of Micronesia, the Government of the United States shall not store in the Republic of the Marshall Islands or the Federated States of Micronesia any toxic chemical weapon, nor any radioactive materials nor any toxic chemical materials intended for weapons use. (c) Radioactive, toxic chemical, or biological materials not intended for weapons use shall not be affected by section 314(b). (d) No material or substance referred to in this section shall be stored in the Republic of the Marshall Islands except in an amount and manner which would not be hazardous to public health or safety. In determining what shall be an amount or manner which would be hazardous to public health or safety under this section, the Government of the United States shall comply with any applicable mutual agreement, international guidelines accepted by the Government of the United States, and the laws of the United States and their implementing regulations. (e) Any exercise of the exemption authority set forth in section 161(e) shall have no effect on the obligations of the Government of the United States under this section or on the application of this subsection. (f) The provisions of this section shall apply in the areas in which the Government of the Republic of the Marshall Islands exercises jurisdiction over the living resources of the seabed, subsoil or water column adjacent to its coasts. Section 315 The Government of the United States may invite members of the armed forces of other countries to use military areas and facilities in the Republic of the Marshall Islands, in conjunction with and under the control of United States Armed Forces. Use by units of the armed forces of other countries of such military areas and facilities, other than for transit and overflight purposes, shall be subject to consultation with and, in the case of major units, approval of the Government of the Republic of the Marshall Islands. Section 316 The authority and responsibility of the Government of the United States under this Title may not be transferred or otherwise assigned. Article II Defense Facilities and Operating Rights Section 321 (a) Specific arrangements for the establishment and use by the Government of the United States of military areas and facilities in the Republic of the Marshall Islands are set forth in separate agreements, which shall remain in effect in accordance with the terms of such agreements. (b) If, in the exercise of its authority and responsibility under this Title, the Government of the United States requires the use of areas within the Republic of the Marshall Islands in addition to those for which specific arrangements are concluded pursuant to section 321(a), it may request the Government of the Republic of the Marshall Islands to satisfy those requirements through leases or other arrangements. The Government of the Republic of the Marshall Islands shall sympathetically consider any such request and shall establish suitable procedures to discuss it with and provide a prompt response to the Government of the United States. (c) The Government of the United States recognizes and respects the scarcity and special importance of land in the Republic of the Marshall Islands. In making any requests pursuant to section 321(b), the Government of the United States shall follow the policy of requesting the minimum area necessary to accomplish the required security and defense purpose, of requesting only the minimum interest in real property necessary to support such purpose, and of requesting first to satisfy its requirement through public real property, where available, rather than through private real property. Section 322 The Government of the United States shall provide and maintain fixed and floating aids to navigation in the Republic of the Marshall Islands at least to the extent necessary for the exercise of its authority and responsibility under this Title. Section 323 The military operating rights of the Government of the United States and the legal status and contractual arrangements of the United States Armed Forces, their members, and associated civilians, while present in the Republic of the Marshall Islands are set forth in separate agreements, which shall remain in effect in accordance with the terms of such agreements. Article III Defense Treaties and International Security Agreements Section 331 Subject to the terms of this Compact, as amended, and its related agreements, the Government of the United States, exclusively, has assumed and enjoys, as to the Republic of the Marshall Islands, all obligations, responsibilities, rights and benefits of: (a) Any defense treaty or other international security agreement applied by the Government of the United States as Administering Authority of the Trust Territory of the Pacific Islands as of October 20, 1986 (b) Any defense treaty or other international security agreement to which the Government of the United States is or may become a party which it determines to be applicable in the Republic of the Marshall Islands. Such a determination by the Government of the United States shall be preceded by appropriate consultation with the Government of the Republic of the Marshall Islands. Article IV Service in Armed Forces of the United States Section 341 Any person entitled to the privileges set forth in section 141 (with the exception of any person described in section 141(a)(5) who is not a citizen of the Republic of the Marshall Islands) shall be eligible to volunteer for service in the Armed Forces of the United States, but shall not be subject to involuntary induction into military service of the United States as long as such person has resided in the United States for a period of less than one year, provided that no time shall count towards this one year while a person admitted to the United States under the Compact, or the Compact, as amended, is engaged in full-time study in the United States. Any person described in section 141(a)(5) who is not a citizen of the Republic of the Marshall Islands shall be subject to United States laws relating to selective service. [As amended Pub. L. 110229, title VIII,  806(b)(2)(G) May 8, 2008 122 Stat. 874 Section 342 The Government of the United States shall have enrolled, at any one time, at least one qualified student from the Republic of the Marshall Islands, as may be nominated by the Government of the Republic of the Marshall Islands, in each of: (a) The United States Coast Guard Academy pursuant to section 195 [now 1923] of title 14, United States Code. (b) The United States Merchant Marine Academy pursuant to section 1303(b)(6) of the Merchant Marine Act, 1936 ([former] 46 U.S.C. [App.] 1295b(b)(6)) [see 46 U.S.C. 51304 46 U.S.C. 51304(b)(2) Pub. L. 110229, title VIII,  806(b)(2)(H) May 8, 2008 122 Stat. 874 Article V General Provisions Section 351 (a) The Government of the United States and the Government of the Republic of the Marshall Islands shall continue to maintain a Joint Committee empowered to consider disputes arising under the implementation of this Title and its related agreements. (b) The membership of the Joint Committee shall comprise selected senior officials of the two Governments. The senior United States military commander in the Pacific area shall be the senior United States member of the Joint Committee. For the meetings of the Joint Committee, each of the two Governments may designate additional or alternate representatives as appropriate for the subject matter under consideration. (c) Unless otherwise mutually agreed, the Joint Committee shall meet annually at a time and place to be designated, after appropriate consultation, by the Government of the United States. The Joint Committee also shall meet promptly upon request of either of its members. The Joint Committee shall follow such procedures, including the establishment of functional subcommittees, as the members may from time to time agree. Upon notification by the Government of the United States, the Joint Committee of the United States and the Republic of the Marshall Islands shall meet promptly in a combined session with the Joint Committee established and maintained by the Government of the United States and the Government of the Federated States of Micronesia to consider matters within the jurisdiction of the two Joint Committees. (d) Unresolved issues in the Joint Committee shall be referred to the Governments for resolution, and the Government of the Republic of the Marshall Islands shall be afforded, on an expeditious basis, an opportunity to raise its concerns with the United States Secretary of Defense personally regarding any unresolved issue which threatens its continued association with the Government of the United States. Section 352 In the exercise of its authority and responsibility under Title Three, the Government of the United States shall accord due respect to the authority and responsibility of the Government of the Republic of the Marshall Islands under Titles One, Two and Four and to the responsibility of the Government of the Republic of the Marshall Islands to assure the well-being of its people. Section 353 (a) The Government of the United States shall not include the Government of the Republic of the Marshall Islands as a named party to a formal declaration of war, without that Governments consent. (b) Absent such consent, this Compact, as amended, is without prejudice, on the ground of belligerence or the existence of a state of war, to any claims for damages which are advanced by the citizens, nationals or Government of the Republic of the Marshall Islands, which arise out of armed conflict subsequent to October 21, 1986 (1) petitions to the Government of the United States for redress; or (2) claims in any manner against the government, citizens, nationals or entities of any third country. (c) Petitions under section 353(b)(1) shall be treated as if they were made by citizens of the United States. Section 354 (a) The Government of the United States and the Government of the Republic of the Marshall Islands are jointly committed to continue their security and defense relations, as set forth in this Title. Accordingly, it is the intention of the two countries that the provisions of this Title shall remain binding as long as this Compact, as amended, remains in effect, and thereafter as mutually agreed, unless earlier terminated by mutual agreement pursuant to section 441, or amended pursuant to Article III of Title Four. If at any time the Government of the United States, or the Government of the Republic of the Marshall Islands, acting unilaterally, terminates this Title, such unilateral termination shall be considered to be termination of the entire Compact, as amended, in which case the provisions of sections 442 and 452 (in the case of termination by the Government of the United States) or sections 443 and 453 (in the case of termination by the Government of the Republic of the Marshall Islands), with the exception of paragraph (3) of subsection (a) of section 452 or paragraph (3) of subsection (a) of section 453, as the case may be, shall apply. (b) The Government of the United States recognizes, in view of the special relationship between the Government of the United States and the Government of the Republic of the Marshall Islands, and in view of the existence of the separate agreement regarding mutual security concluded with the Government of the Republic of the Marshall Islands pursuant to sections 321 and 323, that, even if this Title should terminate, any attack on the Republic of the Marshall Islands during the period in which such separate agreement is in effect, would constitute a threat to the peace and security of the entire region and a danger to the United States. In the event of such an attack, the Government of the United States would take action to meet the danger to the United States and to the Republic of the Marshall Islands in accordance with its constitutional processes. (c) As reflected in Article 21(1)(b) of the Trust Fund Agreement, the Government of the United States and the Government of the Republic of the Marshall Islands further recognize, in view of the special relationship between their countries, that even if this Title should terminate, the Government of Republic of the Marshall Islands shall refrain from actions which the Government of the United States determines, after appropriate consultation with that Government, to be incompatible with its authority and responsibility for security and defense matters in or relating to the Republic of the Marshall Islands or the Federated States of Micronesia. [As amended Pub. L. 110229, title VIII,  806(b)(2)(I) May 8, 2008 122 Stat. 874 TITLE FOUR GENERAL PROVISIONS Article I Approval and Effective Date Section 411 Pursuant to section 432 of the Compact and subject to subsection (e) of section 461 of the Compact, as amended, the Compact, as amended, shall come into effect upon mutual agreement between the Government of the United States and the Government of the Republic of the Marshall Islands subsequent to completion of the following: (a) Approval by the Government of the Republic of the Marshall Islands in accordance with its constitutional processes. (b) Approval by the Government of the United States in accordance with its constitutional processes. Article II Conference and Dispute Resolution Section 421 The Government of the United States shall confer promptly at the request of the Government of the Republic of the Marshall Islands and that Government shall confer promptly at the request of the Government of the United States on matters relating to the provisions of this Compact, as amended, or of its related agreements. Section 422 In the event the Government of the United States or the Government of the Republic of the Marshall Islands, after conferring pursuant to section 421, determines that there is a dispute and gives written notice thereof, the two Governments shall make a good faith effort to resolve the dispute between themselves. Section 423 If a dispute between the Government of the United States and the Government of the Republic of the Marshall Islands cannot be resolved within 90 days of written notification in the manner provided in section 422, either party to the dispute may refer it to arbitration in accordance with section 424. Section 424 Should a dispute be referred to arbitration as provided for in section 423, an Arbitration Board shall be established for the purpose of hearing the dispute and rendering a decision which shall be binding upon the two parties to the dispute unless the two parties mutually agree that the decision shall be advisory. Arbitration shall occur according to the following terms: (a) An Arbitration Board shall consist of a Chairman and two other members, each of whom shall be a citizen of a party to the dispute. Each of the two Governments that is a party to the dispute shall appoint one member to the Arbitration Board. If either party to the dispute does not fulfill the appointment requirements of this section within 30 days of referral of the dispute to arbitration pursuant to section 423, its member on the Arbitration Board shall be selected from its own standing list by the other party to the dispute. Each Government shall maintain a standing list of 10 candidates. The parties to the dispute shall jointly appoint a Chairman within 15 days after selection of the other members of the Arbitration Board. Failing agreement on a Chairman, the Chairman shall be chosen by lot from the standing lists of the parties to the dispute within 5 days after such failure. (b) Unless otherwise provided in this Compact, as amended, or its related agreements, the Arbitration Board shall have jurisdiction to hear and render its final determination on all disputes arising exclusively under Articles I, II, III, IV and V of Title One, Title Two, Title Four, and their related agreements. (c) Each member of the Arbitration Board shall have one vote. Each decision of the Arbitration Board shall be reached by majority vote. (d) In determining any legal issue, the Arbitration Board may have reference to international law and, in such reference, shall apply as guidelines the provisions set forth in Article 38 of the Statute of the International Court of Justice. (e) The Arbitration Board shall adopt such rules for its proceedings as it may deem appropriate and necessary, but such rules shall not contravene the provisions of this Compact, as amended. Unless the parties provide otherwise by mutual agreement, the Arbitration Board shall endeavor to render its decision within 30 days after the conclusion of arguments. The Arbitration Board shall make findings of fact and conclusions of law and its members may issue dissenting or individual opinions. Except as may be otherwise decided by the Arbitration Board, one-half of all costs of the arbitration shall be borne by the Government of the United States and the remainder shall be borne by the Government of the Republic of the Marshall Islands. Article III Amendment Section 431 The provisions of this Compact, as amended, may be further amended by mutual agreement of the Government of the United States and the Government of the Republic of the Marshall Islands, in accordance with their respective constitutional processes. Article IV Termination Section 441 This Compact, as amended, may be terminated by mutual agreement of the Government of the Republic of the Marshall Islands and the Government of the United States, in accordance with their respective constitutional processes. Such mutual termination of this Compact, as amended, shall be without prejudice to the continued application of section 451 of this Compact, as amended, and the provisions of the Compact, as amended, set forth therein. Section 442 Subject to section 452, this Compact, as amended, may be terminated by the Government of the United States in accordance with its constitutional processes. Such termination shall be effective on the date specified in the notice of termination by the Government of the United States but not earlier than six months following delivery of such notice. The time specified in the notice of termination may be extended. Such termination of this Compact, as amended, shall be without prejudice to the continued application of section 452 of this Compact, as amended, and the provisions of the Compact, as amended, set forth therein. Section 443 This Compact, as amended, shall be terminated by the Government of the Republic of the Marshall Islands, pursuant to its constitutional processes, subject to section 453 if the people represented by that Government vote in a plebiscite to terminate the Compact, as amended.. [sic] The Government of the Republic of the Marshall Islands shall notify the Government of the United States of its intention to call such a plebiscite, which shall take place not earlier than three months after delivery of such notice. The plebiscite shall be administered by the Government of the Republic of the Marshall Islands in accordance with its constitutional and legislative processes, but the Government of the United States may send its own observers and invite observers from a mutually agreed party. If a majority of the valid ballots cast in the plebiscite favors termination, the Government of the Republic of the Marshall Islands shall, upon certification of the results of the plebiscite, give notice of termination to the Government of the United States, such termination to be effective on the date specified in such notice but not earlier than three months following the date of delivery of such notice. The time specified in the notice of termination may be extended. [As amended Pub. L. 110229, title VIII,  806(b)(2)(J) May 8, 2008 122 Stat. 874 Article V Survivability Section 451 (a) Should termination occur pursuant to section 441, economic and other assistance by the Government of the United States shall continue only if and as mutually agreed by the Governments of the United States and the Republic of the Marshall Islands, and in accordance with the countries respective constitutional processes. (b) In view of the special relationship of the United States and the Republic of the Marshall Islands, as reflected in subsections (b) and (c) of section 354 of this Compact, as amended, and the separate agreement entered into consistent with those subsections, if termination occurs pursuant to section 441 prior to the twentieth anniversary of the effective date of this Compact, as amended, the United States shall continue to make contributions to the Trust Fund described in section 216 of this Compact, as amended. (c) In view of the special relationship of the United States and the Republic of the Marshall Islands described in subsection (b) of this section, if termination occurs pursuant to section 441 following the twentieth anniversary of the effective date of this Compact, as amended, the Republic of the Marshall Islands shall be entitled to receive proceeds from the Trust Fund described in section 216 of this Compact, as amended, in the manner described in those provisions and the Trust Fund Agreement. Section 452 (a) Should termination occur pursuant to section 442 prior to the twentieth anniversary of the effective date of this Compact, as amended, the following provisions of this amended Compact shall remain in full force and effect until the twentieth anniversary of the effective date of this Compact, as amended, and thereafter as mutually agreed: (1) Article VI and sections 172, 173, 176 and 177 of Title One; (2) Article One and sections 232 and 234 of Title Two; (3) Title Three; and (4) Articles II, III, V and VI of Title Four. (b) Should termination occur pursuant to section 442 before the twentieth anniversary of the effective date of this Compact, as amended: (1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, economic and other assistance by the United States shall continue only if and as mutually agreed by the Governments of the United States and the Republic of the Marshall Islands. (2) In view of the special relationship of the United States and the Republic of the Marshall Islands, as reflected in subsections (b) and (c) of section 354 of this Compact, as amended, and the separate agreement regarding mutual security, and the Trust Fund Agreement, the United States shall continue to make contributions to the Trust Fund described in section 216 of this Compact, as amended, in the manner described in the Trust Fund Agreement. (c) In view of the special relationship of the United States and the Republic of the Marshall Islands, as reflected in subsections 354(b) and (c) of this Compact, as amended, and the separate agreement regarding mutual security, and the Trust Fund Agreement, if termination occurs pursuant to section 442 following the twentieth anniversary of the effective date of this Compact, as amended, the Republic of the Marshall Islands shall continue to be eligible to receive proceeds from the Trust Fund described in section 216 of this Compact, as amended, in the manner described in those provisions and the Trust Fund Agreement. Section 453 (a) Should termination occur pursuant to section 443 prior to the twentieth anniversary of the effective date of this Compact, as amended, the following provisions of this Compact, as amended, shall remain in full force and effect until the twentieth anniversary of the effective date of this Compact, as amended, and thereafter as mutually agreed: (1) Article VI and sections 172, 173, 176 and 177 of Title One; (2) Sections 232 and 234 of Title Two; (3) Title Three; and (4) Articles II, III, V and VI of Title Four. (b) Upon receipt of notice of termination pursuant to section 443, the Government of the United States and the Government of the Republic of the Marshall Islands shall promptly consult with regard to their future relationship. Except as provided in subsections (c) and (d) of this section, these consultations shall determine the level of economic and other assistance, if any, which the Government of the United States shall provide to the Government of the Republic of the Marshall Islands for the period ending on the twentieth anniversary of the effective date of this Compact, as amended, and for any period thereafter, if mutually agreed. (c) In view of the special relationship of the United States and the Republic of the Marshall Islands, as reflected in subsections 354(b) and (c) of this Compact, as amended, and the separate agreement regarding mutual security, and the Trust Fund Agreement, if termination occurs pursuant to section 443 prior to the twentieth anniversary of the effective date of this Compact, as amended, the United States shall continue to make contributions to the Trust Fund described in section 216 of this Compact, as amended. (d) In view of the special relationship of the United States and the Republic of the Marshall Islands, as reflected in subsections 354(b) and (c) of this Compact, as amended, and the separate agreement regarding mutual security, and the Trust Fund Agreement, if termination occurs pursuant to section 443 following the twentieth anniversary of the effective date of this Compact, as amended, the Republic of the Marshall Islands shall continue to be eligible to receive proceeds from the Trust Fund described in section 216 of this Compact, as amended, in the manner described in those provisions and the Trust Fund Agreement. Section 454 Notwithstanding any other provision of this Compact, as amended: (a) The Government of the United States reaffirms its continuing interest in promoting the economic advancement and budgetary self-reliance of the people of the Republic of the Marshall Islands. (b) The separate agreements referred to in Article II of Title Three shall remain in effect in accordance with their terms. Article VI Definition of Terms Section 461 For the purpose of this Compact, as amended, only, and without prejudice to the views of the Government of the United States or the Government of the Republic of the Marshall Islands as to the nature and extent of the jurisdiction of either of them under international law, the following terms shall have the following meanings: (a) Trust Territory of the Pacific Islands means the area established in the Trusteeship Agreement consisting of the former administrative districts of Kosrae, Yap, Ponape, the Marshall Islands and Truk as described in Title One, Trust Territory Code, section 1, in force on January 1, 1979 (b) Trusteeship Agreement means the agreement setting forth the terms of trusteeship for the Trust Territory of the Pacific Islands, approved by the Security Council of the United Nations April 2, 1947 July 18, 1947 July 18, 1947 61 Stat. 3301 (c) The Republic of the Marshall Islands and the Federated States of Micronesia are used in a geographic sense and include the land and water areas to the outer limits of the territorial sea and the air space above such areas as now or hereafter recognized by the Government of the United States. (d) Compact means the Compact of Free Association Between the United States and the Federated States of Micronesia and the Marshall Islands, that was approved by the United States Congress in section 201 of Public Law 99239 Jan. 14, 1986 October 21, 1986 (e) Compact, as amended means the Compact of Free Association Between the United States and the Republic of the Marshall Islands, as amended. The effective date of the Compact, as amended, shall be on a date to be determined by the President of the United States, and agreed to by the Government of the Republic of the Marshall Islands, following formal approval of the Compact, as amended, in accordance with section 411 of this Compact, as amended. (f) Government of the Republic of the Marshall Islands means the Government established and organized by the Constitution of the Republic of the Marshall Islands including all the political subdivisions and entities comprising that Government. (g) Government of the Federated States of Micronesia means the Government established and organized by the Constitution of the Federated States of Micronesia including all the political subdivisions and entities comprising that Government. (h) The following terms shall be defined consistent with the 1998 Edition of the Radio Regulations of the International Telecommunication Union as follows: (1) Radiocommunication means telecommunication by means of radio waves. (2) Station means one or more transmitters or receivers or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying on a radiocommunication service, or the radio astronomy service. (3) Broadcasting Service means a radiocommunication service in which the transmissions are intended for direct reception by the general public. This service may include sound transmissions, television transmissions or other types of transmission. (4) Broadcasting Station means a station in the broadcasting service. (5) Assignment (of a radio frequency or radio frequency channel) means an authorization given by an administration for a radio station to use a radio frequency or radio frequency channel under specified conditions. (6) Telecommunication means any transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems. (i) Military Areas and Facilities means those areas and facilities in the Republic of the Marshall Islands reserved or acquired by the Government of the Republic of the Marshall Islands for use by the Government of the United States, as set forth in the separate agreements referred to in section 321. (j) Tariff Schedules of the United States means the Tariff Schedules of the United States as amended from time to time and as promulgated pursuant to United States law and includes the Tariff Schedules of the United States Annotated (TSUSA), as amended. (k) Vienna Convention on Diplomatic Relations means the Vienna Convention on Diplomatic Relations, done April 18, 1961 Pub. L. 110229, title VIII,  806(b)(2)(K) May 8, 2008 122 Stat. 874 Section 462 (a) The Government of the United States and the Government of the Republic of the Marshall Islands previously have concluded agreements, which shall remain in effect and shall survive in accordance with their terms, as follows: (1) Agreement Between the Government of the United States and the Government of the Marshall Islands for the Implementation of Section 177 of the Compact of Free Association; (2) Agreement Between the Government of the United States and the Government of the Marshall Islands by Persons Displaced as a Result of the United States Nuclear Testing Program in the Marshall Islands; (3) Agreement Between the Government of the United States and the Government of the Marshall Islands Regarding the Resettlement of Enjebi Island; (4) Agreement Concluded Pursuant to Section 234 of the Compact; and (5) Agreement Between the Government of the United States and the Government of the Marshall Islands Regarding Mutual Security Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association. (b) The Government of the United States and the Government of the Republic of the Marshall Islands shall conclude prior to the date of submission of this Compact to the legislatures of the two countries, the following related agreements which shall come into effect on the effective date of this Compact, as amended, and shall survive in accordance with their terms, as follows: (1) Federal Programs and Services Agreement Between the Government of the United States of America and the Government of the Republic of the Marshall Islands Concluded Pursuant to Article III of Title One, Article II of Title Two (including Section 222), and Section 231 of the Compact of Free Association, as Amended, which include: (i) Postal Services and Related Programs; (ii) Weather Services and Related Programs; (iii) Civil Aviation Safety Service and Related Programs; (iv) Civil Aviation Economic Services and Related Programs; (v) United States Disaster Preparedness and Response Services and Related Programs; and (vi) Telecommunications Services and Related Programs. (2) Agreement Between the Government of the United States of America and the Government of the Republic of the Marshall Islands on Extradition, Mutual Assistance in Law Enforcement Matters and Penal Sanctions Concluded Pursuant to Section 175 (a) of the Compact of Free Association, as Amended; (3) Agreement Between the Government of the United States of America and the Government of the Republic of the Marshall Islands on Labor Recruitment Concluded Pursuant to Section 175 (b) of the Compact of Free Association, as Amended; (4) Agreement Concerning Procedures for the Implementation of United States Economic Assistance Provided in the Compact, as Amended, of Free Association Between the Government of the United States of America and the Government of the Republic of the Marshall Islands; (5) Agreement Between the Government of the United States of America and the Government of the Republic of the Marshall Islands Implementing Section 216 and Section 217 of the Compact, as Amended, Regarding a Trust Fund; (6) 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; and (7) Status of Forces Agreement Between the Government of the United States of America and the Government of the Republic of the Marshall Islands Concluded Pursuant to Section 323 of the Compact of Free Association, as Amended. Section 463 (a) Except as set forth in subsection (b) of this section, any reference in this Compact, as amended, to a provision of the United States Code or the Statutes at Large of the United States constitutes the incorporation of the language of such provision into this Compact, as amended, as such provision was in force on the effective date of this Compact, as amended. (b) Any reference in Articles IV and VI of Title One, and Sections 174, 175, 178 and 342 to a provision of the United States Code or the Statutes at Large of the United States or to the Privacy Act, the Freedom of Information Act, the Administrative Procedure Act or the Immigration and Nationality Act constitutes the incorporation of the language of such provision into this Compact, as amended, as such provision was in force on the effective date of this Compact, as amended, or as it may be amended thereafter on a non-discriminatory basis according to the constitutional processes of the United States. [As amended Pub. L. 110229, title VIII,  806(b)(2)(L) May 8, 2008 122 Stat. 874 Article VII Concluding Provisions Section 471 Both the Government of the United States and the Government of the Republic of the Marshall Islands shall take all necessary steps, of a general or particular character, to ensure, no later than the entry into force date of this Compact, as amended, the conformity of its laws, regulations and administrative procedures with the provisions of this Compact, as amended, or, in the case of subsection (d) of section 141, as soon as reasonably possible thereafter. Section 472 This Compact, as amended, may be accepted, by signature or otherwise, by the Government of the United States and the Government of the Republic of the Marshall Islands. IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Compact of Free Association, as amended, which shall enter into force upon the exchange of diplomatic notes by which the Government of the United States of America and the Government of the Republic of the Marshall Islands inform each other about the fulfillment of their respective requirements for entry into force. DONE at Majuro, Republic of the Marshall Islands, in duplicate, this thirtieth (30) day of April, 2003, each text being equally authentic. Signed ( April 30, 2003 For the Government of the United States of America: Ambassador Michael J. Senko U.S. Ambassador to the Republic of the Marshall Islands Signed ( April 30, 2003 For the Government of the Republic of the Marshall Islands: His Excellency Banny deBrum Ambassador Extraordinary and Plenipotentiary [ Pub. L. 110229, title VIII,  806(b)(2)(D)(ii) May 8, 2008 122 Stat. 873  1921a. Agreements with Federated States of Micronesia (a) Law enforcement assistance Pursuant to sections 222 and 224 of the U.S.-FSM Compact, the United States shall provide non-reimbursable technical and training assistance as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Federated States of Micronesia to develop and adequately enforce laws of the Federated States of Micronesia and to cooperate with the United States in the enforcement of criminal laws of the United States. Funds appropriated pursuant to section 1921d(j) of this title (b) Agreement on audits The Comptroller General (and his duly authorized representatives) shall have the authorities necessary to carry out his responsibilities under section 232 of the U.S.-FSM Compact and the agreement referred to in section 462(b)(4) of the U.S.-FSM Compact, including the following authorities: (1) General authority of the Comptroller General to audit (A) The Comptroller General of the United States (and his duly authorized representatives) shall have the authority to audit (i) all grants, program assistance, and other assistance provided to the Government of the Federated States of Micronesia under Articles I and II of Title Two of the U.S.-FSM Compact; and (ii) any other assistance provided by the Government of the United States to the Government of the Federated States of Micronesia. Such authority shall include authority for the Comptroller General to conduct or cause to be conducted any of the audits provided for in section 232 of the U.S.-FSM Compact. The authority provided in this paragraph shall continue for at least three years after the last such grant has been made or assistance has been provided. (B) The Comptroller General (and his duly authorized representatives) shall also have authority to review any audit conducted by or on behalf of the Government of the United States. In this connection, the Comptroller General shall have access to such personnel and to such records, documents, working papers, automated data and files, and other information relevant to such review. (2) Comptroller General access to records (A) In carrying out paragraph (1), the Comptroller General (and his duly authorized representatives) shall have such access to the personnel and (without cost) to records, documents, working papers, automated data and files, and other information relevant to such audits. The Comptroller General may duplicate any such records, documents, working papers, automated data and files, or other information relevant to such audits. (B) Such records, documents, working papers, automated data and files, and other information regarding each such grant or other assistance shall be maintained for at least five years after the date such grant or assistance was provided and in a manner that permits such grants, assistance, and payments to be accounted for distinct from any other funds of the Government of the Federated States of Micronesia. (3) Status of Comptroller General representatives The Comptroller General and his duly authorized representatives shall be immune from civil and criminal process relating to words spoken or written and all acts performed by them in their official capacity and falling within their functions, except insofar as such immunity may be expressly waived by the Government of the United States. The Comptroller General and his duly authorized representatives shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by a competent judicial authority, and such persons shall enjoy immunity from seizure of personal property, immigration restrictions, and laws relating to alien registration, fingerprinting, and the registration of foreign agents. Such persons shall enjoy the same taxation exemptions as are set forth in Article 34 of the Vienna Convention on Diplomatic Relations. The privileges, exemptions and immunities accorded under this paragraph are not for the personal benefit of the individuals concerned but are to safeguard the independent exercise of their official functions. Without prejudice to those privileges, exemptions and immunities, it is the duty of all such persons to respect the laws and regulations of the Government of the Federated States of Micronesia. (4) Audits defined As used in this subsection, the term audits includes financial, program, and management audits, including determining (A) whether the Government of the Federated States of Micronesia has met the requirements set forth in the U.S.-FSM Compact, or any related agreement entered into under the U.S.-FSM Compact, regarding the purposes for which such grants and other assistance are to be used; and (B) the propriety of the financial transactions of the Government of the Federated States of Micronesia pursuant to such grants or assistance. (5) Cooperation by Federated States of Micronesia The Government of the Federated States of Micronesia will cooperate fully with the Comptroller General of the United States in the conduct of such audits as the Comptroller General determines necessary to enable the Comptroller General to fully discharge his responsibilities under this joint resolution. ( Pub. L. 108188, title I,  102 Dec. 17, 2003 117 Stat. 2725  Editorial Notes  References in Text This joint resolution, referred to in subsec. (b)(5), is Pub. L. 108188 Dec. 17, 2003 117 Stat. 2720 section 3101 of Title 5 section 1901 of this title  1921b. Agreements with and other provisions related to the Republic of the Marshall Islands (a) Law enforcement assistance Pursuant to sections 222 and 224 of the U.S.-RMI Compact, the United States shall provide non-reimbursable technical and training assistance as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Marshall Islands to develop and adequately enforce laws of the Marshall Islands and to cooperate with the United States in the enforcement of criminal laws of the United States. Funds appropriated pursuant to section 1921d(j) of this title (b) Ejit (1) In the joint resolution of January 14, 1986 Public Law 99239 January 1, 1985 (2) In the joint resolution of January 14, 1986 Public Law 99239 (3) In the joint resolution of January 14, 1986 Public Law 99239 (c) Section 177 Agreement (1) In the joint resolution of January 14, 1986 Public Law 99239 (2) In the joint resolution of January 14, 1986 Public Law 99239 (3) In the joint resolution of January 14, 1986 Public Law 99239 (4) In the joint resolution of January 14, 1986 Public Law 99239 (d) Nuclear test effects In the joint resolution of January 14, 1986 Public Law 99239 (e) Espousal provisions (1) In the joint resolution of January 14, 1986 Public Law 99239 (2) In the joint resolution of January 14, 1986 Public Law 99239 (f) DOE radiological health care program; USDA agricultural and food programs (1) Marshall Islands program (A) In general Notwithstanding any other provision of law, upon the request of the Government of the Republic of the Marshall Islands, the President (either through an appropriate department or agency of the United States or by contract with a United States firm) shall continue to provide special medical care and logistical support thereto for the remaining members of the population of Rongelap and Utrik who were exposed to radiation resulting from the 1954 United States thermo-nuclear Bravo test, pursuant to Public Laws 95134 and 96205. (B) Continued monitoring on Runit Island (i) Cactus Crater containment and groundwater monitoring Effective beginning January 1, 2012 (I) a visual study of the concrete exterior of the Cactus Crater containment structure on Runit Island; and (II) a radiochemical analysis of the groundwater surrounding and in the Cactus Crater containment structure on Runit Island. (ii) Report The Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives, a report that contains (I) a description of (aa) the results of each visual survey conducted under clause (i)(I); and (bb) the results of the radiochemical analysis conducted under clause (i)(II); and (II) a determination on whether the surveys and analyses indicate any significant change in the health risks to the people of Enewetak from the contaminants within the Cactus Crater containment structure. (iii) Funding for groundwater monitoring The Secretary of the Interior shall make available to the Department of Energy, Marshall Islands Program, from funds available for the Technical Assistance Program of the Office of Insular Affairs, the amounts necessary to conduct the radiochemical analysis of groundwater under clause(i)(II). (2) Agricultural and food programs (A) In general In the joint resolution of January 14, 1986 Public Law 99239 (i) without reimbursement, to continue the planting and agricultural maintenance program on Enewetak, as provided in subparagraph (C); and (ii) without reimbursement, to continue the food programs of the Bikini and Enewetak people described in section 1(d) of Article II of the Subsidiary Agreement for the Implementation of Section 177 of the Compact and for continued waterborne transportation of agricultural products to Enewetak including operations and maintenance of the vessel used for such purposes. (B) Population changes The President shall ensure the assistance provided under these programs reflects the changes in the population since the inception of such programs. (C) Planting and agricultural maintenance program (i) In general The planting and agricultural maintenance program on Enewetak shall be funded at a level of not less than $1,300,000 per year, as adjusted for inflation under section 218 of the U.S.-RMI Compact. (ii) Authorization and continuing appropriation There is hereby authorized and appropriated to the Secretary of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, for each fiscal year from 2004 through 2023, $1,300,000, as adjusted for inflation under section 218 of the U.S.-RMI Compact, for grants to carry out the planting and agricultural maintenance program. (3) Payments In the joint resolution of January 14, 1986 Public Law 99239 (g) Rongelap (1) In the joint resolution of January 14, 1986 Public Law 99239 (2) In the joint resolution of January 14, 1986 Public Law 99239 (3) In the joint resolution of January 14, 1986 Public Law 99239 (4) There are hereby authorized and appropriated to the Secretary of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, for fiscal year 2005, $1,780,000; for fiscal year 2006, $1,760,000; and for fiscal year 2007, $1,760,000, as the final contributions of the United States to the Rongelap Resettlement Trust Fund as established pursuant to Public Law 102154 105 Stat. 1009 (h) Four atoll health care program (1) In the joint resolution of January 14, 1986 Public Law 99239 Public Law 95134 91 Stat. 1159 Public Law 96205 94 Stat. 84 (2) In the joint resolution of January 14, 1986 Public Law 99239 (3) In the joint resolution of January 14, 1986 Public Law 99239 (i) Enjebi Community Trust Fund In the joint resolution of January 14, 1986 Public Law 99239 (1) Enjebi trust agreement In the joint resolution of January 14, 1986 Public Law 99239 (2) Monitor conditions In the joint resolution of January 14, 1986 Public Law 99239 (3) Resettlement of Enjebi In the joint resolution of January 14, 1986 Public Law 99239 January 14, 1986 (A) Establish a community on Enjebi Island for the use of the people of Enjebi. (B) Replant Enjebi with appropriate food-bearing and other vegetation. (4) Resettlement of other location In the joint resolution of January 14, 1986 Public Law 99239 January 14, 1986 (5) Interest from Fund In the joint resolution of January 14, 1986 Public Law 99239 (6) Disclaimer of liability In the joint resolution of January 14, 1986 Public Law 99239 (j) Bikini Atoll cleanup (1) Declaration of policy In the joint resolution of January 14, 1986 Public Law 99239 (2) Cleanup funds The joint resolution of January 14, 1986 Public Law 99239 March 15, 1985 (3) Conditions of funding In the joint resolution of January 14, 1986 Public Law 99239 (k) Agreement on audits The Comptroller General (and his duly authorized representatives) shall have the authorities necessary to carry out his responsibilities under section 232 of the U.S.-RMI Compact and the agreement referred to in section 462(b)(4) of the U.S.-RMI Compact, including the following authorities: (1) General authority of the Comptroller General to audit (A) The Comptroller General of the United States (and his duly authorized representatives) shall have the authority to audit (i) all grants, program assistance, and other assistance provided to the Government of the Republic of the Marshall Islands under Articles I and II of Title Two of the U.S.-RMI Compact; and (ii) any other assistance provided by the Government of the United States to the Government of the Republic of the Marshall Islands. Such authority shall include authority for the Comptroller General to conduct or cause to be conducted any of the audits provided for in section 232 of the U.S.-RMI Compact. The authority provided in this paragraph shall continue for at least three years after the last such grant has been made or assistance has been provided. (B) The Comptroller General (and his duly authorized representatives) shall also have authority to review any audit conducted by or on behalf of the Government of the United States. In this connection, the Comptroller General shall have access to such personnel and to such records, documents, working papers, automated data and files, and other information relevant to such review. (2) Comptroller General access to records (A) In carrying out paragraph (1), the Comptroller General (and his duly authorized representatives) shall have such access to the personnel and (without cost) to records, documents, working papers, automated data and files, and other information relevant to such audits. The Comptroller General may duplicate any such records, documents, working papers, automated data and files, or other information relevant to such audits. (B) Such records, documents, working papers, automated data and files, and other information regarding each such grant or other assistance shall be maintained for at least five years after the date such grant or assistance was provided and in a manner that permits such grants, assistance and payments to be accounted for distinct from any other funds of the Government of the Republic of the Marshall Islands. (3) Status of Comptroller General representatives The Comptroller General and his duly authorized representatives shall be immune from civil and criminal process relating to words spoken or written and all acts performed by them in their official capacity and falling within their functions, except insofar as such immunity may be expressly waived by the Government of the United States. The Comptroller General and his duly authorized representatives shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by a competent judicial authority, and such persons shall enjoy immunity from seizure of personal property, immigration restrictions, and laws relating to alien registration, fingerprinting, and the registration of foreign agents. Such persons shall enjoy the same taxation exemptions as are set forth in Article 34 of the Vienna Convention on Diplomatic Relations. The privileges, exemptions and immunities accorded under this paragraph are not for the personal benefit of the individuals concerned but are to safeguard the independent exercise of their official functions. Without prejudice to those privileges, exemptions and immunities, it is the duty of all such persons to respect the laws and regulations of the Government of the Republic of the Marshall Islands. (4) Audits defined As used in this subsection, the term audits includes financial, program, and management audits, including determining (A) whether the Government of the Republic of the Marshall Islands has met the requirements set forth in the U.S.-RMI Compact, or any related agreement entered into under the U.S.-RMI Compact, regarding the purposes for which such grants and other assistance are to be used; and (B) the propriety of the financial transactions of the Government of the Republic of the Marshall Islands pursuant to such grants or assistance. (5) Cooperation by the Republic of the Marshall Islands The Government of the Republic of the Marshall Islands will cooperate fully with the Comptroller General of the United States in the conduct of such audits as the Comptroller General determines necessary to enable the Comptroller General to fully discharge his responsibilities under this joint resolution. (l) Kwajalein (1) Statement of policy It is the policy of the United States that payment of funds by the Government of the Marshall Islands to the landowners of Kwajalein Atoll in accordance with the land use agreement dated October 19, 1982 (2) Failure to pay (A) In general If the Government of the Marshall Islands fails to make payments in accordance with paragraph (1), the Government of the United States shall initiate procedures under section 313 of the U.S.-RMI Compact and consult with the Government of the Marshall Islands with respect to the basis for the nonpayment of funds. (B) Resolution The United States shall expeditiously resolve the matter of any nonpayment of funds required under paragraph (1) pursuant to section 313 of the U.S.-RMI Compact and the authority and responsibility of the Government of the United States for security and defense matters in or relating to the Marshall Islands. This paragraph shall be enforced, as may be necessary, in accordance with section 1921d(e) of this title (3) Disposition of increased payments pending new land use agreement Until such time as the Government of the Marshall Islands and the landowners of Kwajalein Atoll have concluded an agreement amending or superseding the land use agreement reflecting the terms of and consistent with the Military Use Operating Rights Agreement dated October 19, 1982 October 19, 1982 December 17, 2003 (4) Notifications and report (A) The Government of the Republic of the Marshall Islands shall notify the Government of the United States of America when an agreement amending or superseding the land use agreement dated October 19, 1982 (B) If no agreement amending or superseding the land use agreement dated October 19, 1982 December 17, 2003 (5) Assistance The President is authorized to make loans and grants to the Government of the Marshall Islands to address the special needs of the community at Ebeye, Kwajalein Atoll, and other Marshallese communities within the Kwajalein Atoll, pursuant to development plans adopted in accordance with applicable laws of the Marshall Islands. The loans and grants shall be subject to such other terms and conditions as the President, in the discretion of the President, may determine are appropriate. ( Pub. L. 108188, title I,  103 Dec. 17, 2003 117 Stat. 2727 Pub. L. 110229, title VIII,  806(a)(1) May 8, 2008 122 Stat. 871 Pub. L. 112149,  2 July 26, 2012 126 Stat. 1144  Editorial Notes  References in Text The joint resolution of January 14, 1986 Public Law 99239 Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title Public Law 95134 Pub. L. 95134 Oct. 15, 1977 91 Stat. 1159 Public Law 96205 Pub. L. 96205 Mar. 12, 1980 94 Stat. 84 Public Law 102154 Pub. L. 102154 Nov. 13, 1991 105 Stat. 990 This joint resolution, referred to in subsecs. (i) and (k)(5), is Pub. L. 108188 Dec. 17, 2003 117 Stat. 2720 section 3101 of Title 5 section 1901 of this title Amendments 2012Subsec. (f)(1). Pub. L. 112149 2008Subsec. (c)(1). Pub. L. 110229  1921c. Interpretation of and United States policy regarding U.S.-FSM Compact and U.S.-RMI Compact (a) Human rights In approving the U.S.-FSM Compact and the U.S.-RMI Compact, Congress notes the conclusion in the Statement of Intent of the Report of The Future Political Status Commission of the Congress of Micronesia in July, 1969, that our recommendation of a free associated state is indissolubly linked to our desire for such a democratic, representative, constitutional government and notes that such desire and intention are reaffirmed and embodied in the Constitutions of the Federated States of Micronesia and the Republic of the Marshall Islands. Congress also notes and specifically endorses the preamble to the U.S.-FSM Compact and the U.S.-RMI Compact, which affirms that the governments of the parties to the U.S.-FSM Compact and the U.S.-RMI Compact are founded upon respect for human rights and fundamental freedoms for all. The Secretary of State shall include in the annual reports on the status of internationally recognized human rights in foreign countries, which are submitted to Congress pursuant to sections 2151n and 2304 of title 22, a full and complete report regarding the status of internationally recognized human rights in the Federated States of Micronesia and the Republic of the Marshall Islands. (b) Immigration and passport security (1) Naturalized citizens The rights of a bona fide naturalized citizen of the Federated States of Micronesia or the Republic of the Marshall Islands to enter the United States, to lawfully engage therein in occupations, and to establish residence therein as a nonimmigrant, to the extent such rights are provided under section 141 of the U.S.-FSM Compact and the U.S.-RMI Compact, shall not be deemed to extend to any such naturalized citizen with respect to whom circumstances associated with the acquisition of the status of a naturalized citizen are such as to allow a reasonable inference, on the part of appropriate officials of the United States and subject to United States procedural requirements, that such naturalized status was acquired primarily in order to obtain such rights. (2) Passports It is the sense of Congress that up to $250,000 of the grant assistance provided to the Federated States of Micronesia pursuant to section 211(a)(4) of the U.S.-FSM Compact, and up to $250,000 of the grant assistance provided to the Republic of the Marshall Islands pursuant to section 211(a)(4) of the U.S.-RMI Compact (or a greater amount of the section 211(a)(4) grant, if mutually agreed between the Government of the United States and the government of the Federated States of Micronesia or the government of the Republic of the Marshall Islands), be used for the purpose of increasing the machine-readability and security of passports issued by such jurisdictions. It is further the sense of Congress that such funds be obligated by September 30, 2004 (3) Information-sharing It is the sense of Congress that the governments of the Federated States of Micronesia and the Republic of the Marshall Islands develop, prior to October 1, 2004 8 U.S.C. 1101 (4) Transition; construction of sections 141(a)(3) and 141(a)(4) of the U.S.-FSM Compact and U.S.-RMI Compact The words the effective date of this Compact, as amended in sections 141(a)(3) and 141(a)(4) of the U.S.-FSM Compact and the U.S.-RMI Compact shall be construed to read, on the day prior to the enactment by the United States Congress of the Compact of Free Association Amendments Act of 2003.. (c) Nonalienation of lands Congress endorses and encourages the maintenance of the policies of the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands to regulate, in accordance with their Constitutions and laws, the alienation of permanent interests in real property so as to restrict the acquisition of such interests to persons of Federated States of Micronesia citizenship and the Republic of the Marshall Islands citizenship, respectively. (d) Nuclear waste disposal In approving the U.S.-FSM Compact and the U.S.-RMI Compact, Congress understands that the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands will not permit any other government or any nongovernmental party to conduct, in the Republic of the Marshall Islands or in the Federated States of Micronesia, any of the activities specified in subsection (a) of section 314 of the U.S.-FSM Compact and the U.S.-RMI Compact. (e) Impact of the U.S.-FSM Compact and the U.S.-RMI Compact on the State of Hawaii, Guam, the Commonwealth of the Northern Mariana Islands and American Samoa; related authorization and continuing appropriation (1) Statement of congressional intent In reauthorizing the U.S.-FSM Compact and the U.S.-RMI Compact, it is not the intent of Congress to cause any adverse consequences for an affected jurisdiction. (2) Definitions For the purposes of this part (A) the term affected jurisdiction means American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii; and (B) the term qualified nonimmigrant means a person, or their children under the age of 18, admitted or resident pursuant to section 141 of the U.S.-RMI or U.S.-FSM Compact, or section 141 of the Palau Compact who, as of a date referenced in the most recently published enumeration is a resident of an affected jurisdiction. As used in this subsection, the term resident shall be a person who has a residence, as that term is defined in section 101(a)(33) of the Immigration and Nationality Act, as amended [ 8 U.S.C. 1101(a)(33) (3) Authorization and continuing appropriation There is hereby authorized and appropriated to the Secretary of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, for each fiscal year from 2004 through 2023, $30,000,000 for grants to affected jurisdictions to aid in defraying costs incurred by affected jurisdictions as a result of increased demands placed on health, educational, social, or public safety services or infrastructure related to such services due to the residence in affected jurisdictions of qualified nonimmigrants from the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. The grants shall be (A) awarded and administered by the Department of the Interior, Office of Insular Affairs, or any successor thereto, in accordance with regulations, policies and procedures applicable to grants so awarded and administered; and (B) used only for health, educational, social, or public safety services, or infrastructure related to such services, specifically affected by qualified nonimmigrants. (4) Enumeration The Secretary of the Interior shall conduct periodic enumerations of qualified nonimmigrants in each affected jurisdiction. The enumerations (A) shall be conducted at such intervals as the Secretary of the Interior shall determine, but no less frequently than every five years, beginning in fiscal year 2003; (B) shall be supervised by the United States Bureau of the Census or such other organization as the Secretary of the Interior may select; and (C) after fiscal year 2003, shall be funded by the Secretary of the Interior by deducting such sums as are necessary, but not to exceed $300,000 as adjusted for inflation pursuant to section 217 of the U.S.-FSM Compact with fiscal year 2003 as the base year, per enumeration, from funds appropriated pursuant to the authorization contained in paragraph (3) of this subsection. (5) Allocation The Secretary of the Interior shall allocate to the government of each affected jurisdiction, on the basis of the results of the most recent enumeration, grants in an aggregate amount equal to the total amount of funds appropriated under paragraph (3) of this subsection, as reduced by any deductions authorized by subparagraph (C) of paragraph (4) of this subsection, multiplied by a ratio derived by dividing the number of qualified nonimmigrants in such affected jurisdiction by the total number of qualified nonimmigrants in all affected jurisdictions. (6) Authorization for health care reimbursement There are hereby authorized to be appropriated to the Secretary of the Interior such sums as may be necessary to reimburse health care institutions in the affected jurisdictions for costs resulting from the migration of citizens of the Republic of the Marshall Islands, the Federated States of Micronesia and the Republic of Palau to the affected jurisdictions as a result of the implementation of the Compact of Free Association, approved by Public Law 99239 (7) Use of DOD medical facilities and National Health Service Corps (A) DOD medical facilities The Secretary of Defense shall make available, on a space available and reimbursable basis, the medical facilities of the Department of Defense for use by citizens of the Federated States of Micronesia and the Republic of the Marshall Islands who are properly referred to the facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau and the affected jurisdictions. (B) National Health Service Corps The Secretary of Health and Human Services shall continue to make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia and the Republic of the Marshall Islands to the same extent and for so long as such services are authorized to be provided to persons residing in any other areas within or outside the United States. (C) Authorization of appropriations There are authorized to be appropriated to carry out this paragraph such sums as are necessary for each fiscal year. (8) Reporting requirement Not later than one year after December 17, 2003 (A) The Governors comments on the impacts of the Compacts as well as the Administrations analysis of such impact. (B) The Administration views on any recommendations for corrective action to eliminate those consequences as proposed by such Governors. (C) With regard to immigration, statistics concerning the number of persons availing themselves of the rights described in section 141(a) of the Compact during the year covered by each report. (D) With regard to trade, an analysis of the impact on the economy of American Samoa resulting from imports of canned tuna into the United States from the Federated States of Micronesia, and the Republic of the Marshall Islands. (9) Reconciliation of unreimbursed impact expenses (A) In general Notwithstanding any other provision of law, the President, to address previously accrued and unreimbursed impact expenses, may, at the request of the Governor of Guam or the Governor of the Commonwealth of the Northern Mariana Islands, reduce, release, or waive all or part of any amounts owed by the Government of Guam or the Government of the Commonwealth of the Northern Mariana Islands (or either governments autonomous agencies or instrumentalities), respectively, to any department, agency, independent agency, office, or instrumentality of the United States. (B) Terms and conditions (i) Substantiation of impact costs Not later than 120 days after December 17, 2003 January 14, 1986 September 30, 2003 (ii) Congressional notification The President shall notify Congress of his intent to exercise the authority granted in subparagraph (A). (iii) Congressional review and comment Any reduction, release, or waiver under this Act shall not take effect until 60 days after the President notifies Congress of his intent to approve a request of the Governor of Guam or the Governor of the Commonwealth of the Northern Mariana Islands. In exercising his authority under this section and in determining whether to give final approval to a request, the President shall take into consideration comments he may receive after Congressional review. (iv) Expiration The authority granted in subparagraph (A) shall expire on February 28, 2005 (10) Authorization of appropriations for grants There are hereby authorized to the Secretary of the Interior for each of fiscal years 2004 through 2023 such sums as may be necessary for grants to the governments of Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa, as a result of increased demands placed on educational, social, or public safety services or infrastructure related to such services due to the presence in Guam, Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa of qualified nonimmigrants from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (f) Foreign loans Congress hereby reaffirms the United States position that the United States Government is not responsible for foreign loans or debt obtained by the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands. (g) Sense of Congress concerning funding of public infrastructure It is the sense of Congress that not less than 30 percent of the United States annual grant assistance provided under section 211 of 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, and not less than 30 percent of the total amount of section 211 funds allocated to each of the States of the Federated States of Micronesia, shall be invested in infrastructure improvements and maintenance in accordance with section 211(a)(6). It is further the sense of Congress that not less than 30 percent of the United States annual grant assistance provided under section 211 of 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, shall be invested in infrastructure improvements and maintenance in accordance with section 211(d). (h) Reports and reviews (1) Report by the President Not later than the end of the first full calendar year following enactment of this resolution, and not later than December 31 of each year thereafter, the President shall report to Congress regarding the Federated States of Micronesia and the Republic of the Marshall Islands, including but not limited to (A) general social, political, and economic conditions, including estimates of economic growth, per capita income, and migration rates; (B) the use and effectiveness of United States financial, program, and technical assistance; (C) the status of economic policy reforms including but not limited to progress toward establishing self-sufficient tax rates; (D) the status of the efforts to increase investment including: the rate of infrastructure investment of U.S. financial assistance under the U.S.-FSM Compact and the U.S.-RMI Compact; non-U.S. contributions to the trust funds, and the level of private investment; and (E) recommendations on ways to increase the effectiveness of United States assistance and to meet overall economic performance objectives, including, if appropriate, recommendations to Congress to adjust the inflation rate or to adjust the contributions to the Trust Funds based on non-U.S. contributions. (2) Review During the year of the fifth, tenth, and fifteenth anniversaries of December 17, 2003 (i) Construction of section 141(f) Section 141(f)(2) of 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 and of 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, shall be construed as though, after may by regulations prescribe, there were included the following: , except that any such regulations that would have a significant effect on the admission, stay and employment privileges provided under this section shall not become effective until 90 days after the date of transmission of the regulations to the Committee on Energy and Natural Resources and the Committee on the Judiciary of the Senate and the Committee on Resources, the Committee on International Relations, and the Committee on the Judiciary of the House of Representatives. (j) Inflation adjustment As of Fiscal Year 2015, if the United States Gross Domestic Product Implicit Price Deflator average for Fiscal Years 2009 through 2013 is greater than United States Gross Domestic Product Implicit Price Deflator average for Fiscal Years 2004 through 2008 (as reported in the Survey of Current Business or subsequent publication and compiled by the Department of the Interior), then section 217 of the U.S.-FSM Compact, paragraph 5 of Article II of the U.S.-FSM Fiscal Procedures Agreement, section 218 of the U.S.-RMI Compact, and paragraph 5 of Article II of the U.S.-RMI Fiscal Procedures Agreement shall be construed as if the full appeared in place of two-thirds of the each place those words appear. If an inflation adjustment is made under this subsection, the base year for calculating the inflation adjustment shall be fiscal year 2014. (k) Participation by secondary schools in the Armed Services Vocational Aptitude Battery (ASVAB) Student Testing Program In furtherance of the provisions of Title Three, Article IV, Section 341 of the U.S.-FSM and the U.S.-RMI Compacts, the purpose of which is to establish the privilege to volunteer for service in the U.S. Armed Forces, it is the sense of Congress that, to facilitate eligibility of FSM and RMI secondary school students to qualify for such service, the Department of Defense may extend the Armed Services Vocational Aptitude Battery (ASVAB) Student Testing Program (STP) and the ASVAB Career Exploration Program to selected secondary Schools in the FSM and the RMI to the extent such programs are available to Department of Defense Dependent Schools located in foreign jurisdictions. ( Pub. L. 108188, title I,  104 Dec. 17, 2003 117 Stat. 2737 Pub. L. 110229, title VIII,  806(a)(2) May 8, 2008 122 Stat. 871 Pub. L. 11168, div. A, title I,  1501(c) Oct. 1, 2009 123 Stat. 2041  Editorial Notes  References in Text The Immigration and Nationality Act, referred to in subsec. (b)(3), is act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of Title 8 The enactment by the United States Congress of the Compact of Free Association Amendments Act of 2003, referred to in subsec. (b)(4), is the enactment of Pub. L. 108188 Dec. 17, 2003 The Palau Compact, referred to in subsec. (e)(2)(B), probably means the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658 section 1931 of this title The Compact of Free Association, approved by Public Law 99239 section 201 of Pub. L. 99239 section 1901 of this title This resolution, referred to in subsec. (e)(6), and this Act, referred to in subsec. (e)(9)(B)(iii), are references to Pub. L. 108188 Dec. 17, 2003 117 Stat. 2720 section 3101 of Title 5 section 1901 of this title 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, referred to in subsecs. (g) and (i), is contained in section 201(a) of Pub. L. 108188 section 1921 of this title The Compact of Free Association, between the Government of the United States of America and the Government of the Republic of the Marshall Islands, referred to in subsecs. (g) and (i), is contained in section 201(b) of Pub. L. 108188 section 1921 of this title The enactment of this resolution, referred to in subsec. (h)(1), is the enactment of Pub. L. 108188 Dec. 17, 2003 Amendments 2009Subsec. (h)(3). Pub. L. 11168 December 17, 2003 2008Subsec. (b)(1). Pub. L. 110229,  806(a)(2)(A) Subsec. (e)(8). Pub. L. 110229,  806(a)(2)(B)(i) Subsec. (e)(9)(A). Pub. L. 110229,  806(a)(2)(B)(ii) Subsec. (e)(10). Pub. L. 110229,  806(a)(2)(B)(iii) Subsec. (j). Pub. L. 110229,  806(a)(2)(C) Statutory Notes and Related Subsidiaries  Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives and Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007  Assignment of Reporting Functions Memorandum of President of the United States, July 21, 2005 Memorandum for the Secretary of the Interior By virtue of the authority vested in me by the Constitution and the laws of the United States, including section 301 of title 3 Public Law 108188 48 U.S.C. 1921c(h) You are authorized and directed to publish this memorandum in the Federal Register.  George W. Bush.  1921d. Supplemental provisions (a) Domestic program requirements Except as may otherwise be provided in this joint resolution, all United States Federal programs and services extended to or operated in the Federated States of Micronesia or the Republic of the Marshall Islands are and shall remain subject to all applicable criteria, standards, reporting requirements, auditing procedures, and other rules and regulations applicable to such programs when operating in the United States (including its territories and commonwealths). (b) Relations with the Federated States of Micronesia and the Republic of the Marshall Islands (1) Appropriations made pursuant to Article I of Title Two and subsection (a)(2) of section 221 of article II of Title Two of the U.S.-FSM Compact and the U.S.-RMI Compact shall be made to the Secretary of the Interior, who shall have the authority necessary to fulfill his responsibilities for monitoring and managing the funds so appropriated consistent with the U.S.-FSM Compact and the U.S.-RMI Compact, including the agreements referred to in section 462(b)(4) of the U.S.-FSM Compact and U.S.-RMI Compact (relating to Fiscal Procedures) and the agreements referred to in section 462(b)(5) of the U.S.-FSM Compact and the U.S.-RMI Compact (regarding the Trust Funds). (2) Appropriations made pursuant to subsections (a)(1) and (a)(3) through (6) of section 221 of Article II of Title Two of the U.S.-FSM Compact and subsection (a)(1) and (a)(3) through (5) of the U.S.-RMI Compact shall be made directly to the agencies named in those subsections. (3) Appropriations for services and programs referred to in subsection (b) of section 221 of Article II of Title Two of the U.S.-FSM Compact or U.S.-RMI Compact and appropriations for services and programs referred to in subsection (f) and section 1921g(a) of this title (4) Federal agencies providing programs and services to the Federated States of Micronesia and the Republic of the Marshall Islands shall coordinate with the Secretaries of the Interior and State regarding provision of such programs and services. The Secretaries of the Interior and State shall consult with appropriate officials of the Asian Development Bank and with the Secretary of the Treasury regarding overall economic conditions in the Federated States of Micronesia and the Republic of the Marshall Islands and regarding the activities of other donors of assistance to the Federated States of Micronesia and the Republic of the Marshall Islands. (5) United States Government employees in either the Federated States of Micronesia or the Republic of the Marshall Islands are subject to the authority of the United States Chief of Mission, including as elaborated in section 3927 of title 22 (6)  Interagency group on freely associated states affairs. (A)  In general The President is hereby authorized to appoint an Interagency Group on Freely Associated States Affairs to provide policy guidance and recommendations on implementation of the U.S.-FSM Compact and the U.S.-RMI Compact to Federal departments and agencies. (B)  Secretaries It is the sense of Congress that the Secretary of State and the Secretary of the Interior shall be represented on the Interagency Group. (7)  United states appointees to joint committees. (A)  Joint economic management committee. (i)  In general The three United States appointees (United States chair plus two members) to the Joint Economic Management Committee provided for in section 213 of the U.S.-FSM Compact and Article III of the U.S.-FSM Fiscal Procedures Agreement referred to in section 462(b)(4) of the U.S.-FSM Compact shall be United States Government officers or employees. (ii)  Departments It is the sense of Congress that 2 of the 3 appointees should be designated from the Department of State and the Department of the Interior, and that U.S. officials of the Asian Development Bank shall be consulted in order to properly coordinate U.S. and Asian Development Bank financial, program, and technical assistance. (iii)  Additional scope Section 213 of the U.S.-FSM Compact shall be construed to read as though the phrase, the implementation of economic policy reforms to encourage investment and to achieve self-sufficient tax rates, were inserted after with particular focus on those parts of the plan dealing with the sectors identified in subsection (a) of section 211. (B)  Joint economic management and financial accountability committee. (i)  In general The three United States appointees (United States chair plus two members) to the Joint Economic Management and Financial Accountability Committee provided for in section 214 of the U.S.-RMI Compact and Article III of the U.S.-RMI Fiscal Procedures Agreement referred to in section 462(b)(4) of the U.S.-RMI Compact shall be United States Government officers or employees. (ii)  Departments It is the sense of Congress that 2 of the 3 appointees should be designated from the Department of State and the Department of the Interior, and that U.S. officials of the Asian Development Bank shall be consulted in order to properly coordinate U.S. and Asian Development Bank financial, program, and technical assistance. (iii)  Additional scope Section 214 of the U.S.-RMI Compact shall be construed to read as though the phrase, the implementation of economic policy reforms to encourage investment and to achieve self-sufficient tax rates, were inserted after with particular focus on those parts of the framework dealing with the sectors and areas identified in subsection (a) of section 211. (8)  Oversight and coordination It is the sense of Congress that the Secretary of State and the Secretary of the Interior shall ensure that there are personnel resources committed in the appropriate numbers and locations to ensure effective oversight of United States assistance, and effective coordination of assistance among United States agencies and with other international donors such as the Asian Development Bank. (9) The United States voting members (United States chair plus two or more members) of the Trust Fund Committee appointed by the Government of the United States pursuant to Article 7 of the Trust Fund Agreement implementing section 215 of the U.S.-FSM Compact and referred to in section 462(b)(5) of the U.S.-FSM Compact and any alternates designated by the Government of the United States shall be United States Government officers or employees. The United States voting members (United States chair plus two or more members) of the Trust Fund Committee appointed by the Government of the United States pursuant to Article 7 of the Trust Fund Agreement implementing section 216 of the U.S.-RMI Compact and referred to in section 462(b)(5) of the U.S.-RMI Compact and any alternates designated by the Government of the United States shall be United States Government officers or employees. It is the sense of Congress that the appointees should be designated from the Department of State, the Department of the Interior, and the Department of the Treasury. (10) The Trust Fund Committee provided for in Article 7 of the U.S.-FSM Trust Fund Agreement implementing section 215 of the U.S.-FSM Compact shall be a nonprofit corporation incorporated under the laws of the District of Columbia. To the extent that any law, rule, regulation or ordinance of the District of Columbia, or of any State or political subdivision thereof in which the Trust Fund Committee is incorporated or doing business, impedes or otherwise interferes with the performance of the functions of the Trust Fund Committee pursuant to this joint resolution, such law, rule, regulation, or ordinance shall be deemed to be preempted by this joint resolution. The Trust Fund Committee provided for in Article 7 of the U.S.-RMI Trust Fund Agreement implementing section 216 of the U.S.-RMI Compact shall be a non-profit corporation incorporated under the laws of the District of Columbia. To the extent that any law, rule, regulation or ordinance of the District of Columbia, or of any State or political subdivision thereof in which the Trust Fund Committee is incorporated or doing business, impedes or otherwise interferes with the performance of the functions of the Trust Fund Committee pursuant to this joint resolution, such law, rule, regulation, or ordinance shall be deemed to be preempted by this joint resolution. (c) Continuing Trust Territory authorization The authorization provided by the Act of June 30, 1954 68 Stat. 330 (1) Prior to October 1, 1986 January 14, 1986 Public Law 99239 (2) Transition purposes, including but not limited to, completion of projects and fulfillment of commitments or obligations; termination of the Trust Territory Government and termination of the High Court; health and education as a result of exceptional circumstances; ex gratia contributions for the populations of Bikini, Enewetak, Rongelap, and Utrik; and technical assistance and training in financial management, program administration, and maintenance of infrastructure. (d) Survivability In furtherance of the provisions of Title Four, Article V, sections 452 and 453 of the U.S.-FSM Compact and the U.S.-RMI Compact, any provisions of the U.S.-FSM Compact or the U.S.-RMI Compact which remain effective after the termination of the U.S.-FSM Compact or U.S.-RMI Compact by the act of any party thereto and which are affected in any manner by provisions of this part shall remain subject to such provisions. (e) Noncompliance sanctions; actions incompatible with United States authority Congress expresses its understanding that the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands will not act in a manner incompatible with the authority and responsibility of the United States for security and defense matters in or related to the Federated States of Micronesia or the Republic of the Marshall Islands pursuant to the U.S.-FSM Compact or the U.S.-RMI Compact, including the agreements referred to in sections 462(a)(2) of the U.S.-FSM Compact and 462(a)(5) of the U.S.-RMI Compact. Congress further expresses its intention that any such act on the part of either such Government will be viewed by the United States as a material breach of the U.S.-FSM Compact or U.S.-RMI Compact. The Government of the United States reserves the right in the event of such a material breach of the U.S.-FSM Compact by the Government of the Federated States of Micronesia or the U.S.-RMI Compact by the Government of the Republic of the Marshall Islands to take action, including (but not limited to) the suspension in whole or in part of the obligations of the Government of the United States to that Government. (f) Continuing programs and laws (1) Federated States of Micronesia and Republic of the Marshall Islands In addition to the programs and services set forth in section 221 of the Compact, and pursuant to section 222 of the Compact, the programs and services of the following agencies shall be made available to the Federated States of Micronesia and to the Republic of the Marshall Islands: (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 June 18, 2004 (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) Treatment of additional programs (i) Consultation The United States appointees to the committees established pursuant to section 213 of the U.S.-FSM Compact and section 214 of the U.S.-RMI Compact shall consult with the Secretary of Education regarding the objectives, use, and monitoring of United States financial, program, and technical assistance made available for educational purposes. (ii) Continuing programs The Government of the United States (I) shall continue to make available to the Federated States of Micronesia and the Republic of the Marshall Islands for fiscal years 2004 through 2023, the services to individuals eligible for such services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 (II) shall continue to make available to eligible institutions in the Federated States of Micronesia and the Republic of the Marshall Islands, and to students enrolled in such institutions, and in institutions in the United States, its territories, and the Republic of Palau, for fiscal years 2004 through 2023, grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a (iii) Supplemental education grants In lieu of eligibility for appropriations under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 29 U.S.C. 3111 29 U.S.C. 3191 29 U.S.C. 3271 20 U.S.C. 2321 42 U.S.C. 9831 20 U.S.C. 1070b 42 U.S.C. 2751 1 1 (I) $12,230,000 for the Federated States of Micronesia for fiscal year 2005 and an equivalent amount, as adjusted for inflation under section 217 of the U.S.-FSM Compact, for each of fiscal years 2005 through 2023; and (II) $6,100,000 for the Republic of the Marshall Islands for fiscal year 2005 and an equivalent amount, as adjusted for inflation under section 218 of the U.S.-RMI Compact, for each of fiscal years 2005 through 2023, except that citizens of the Federated States of Micronesia and the Republic of the Marshall Islands who attend an institution of higher education in the United States or its territories, the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau on December 17, 2003 (iv) Fiscal procedures Appropriations made pursuant to clause (iii) shall be used and monitored in accordance with an agreement between the Secretary of Education, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Interior, and in accordance with the respective Fiscal Procedures Agreements referred to in section 462(b)(4) of the U.S.-FSM Compact and section 462(b)(4) of the U.S.-RMI Compact. The agreement between the Secretary of Education, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Interior shall provide for the transfer, not later than 60 days after the appropriations made pursuant to clause (iii) become available to the Secretary of Education, the Secretary of Labor, and the Secretary of Health and Human Services, from the Secretary of Education, the Secretary of Labor, and the Secretary of Health and Human Services, to the Secretary of the Interior for disbursement. (v) Formula education grants For fiscal years 2005 through 2023, except as provided in clause (ii) and the exception provided under clause (iii), the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands shall not receive any grant under any formula-grant program administered by the Secretary of Education or the Secretary of Labor, nor any grant provided through the Head Start Act ( 42 U.S.C. 9831 (vi) Transition For fiscal year 2004, the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands shall continue to be eligible for appropriations and to receive grants under the provisions of law specified in clauses (ii) and (iii). (vii) Technical assistance The Federated States of Micronesia and the Republic of the Marshall Islands may request technical assistance from the Secretary of Education, the Secretary of Health and Human Services, or the Secretary of Labor the terms of which, including reimbursement, shall be negotiated with the participation of the appropriate cabinet officer for inclusion in the Federal Programs and Services Agreement. (viii) Continued eligibility for competitive grants The Governments of the Federated States of Micronesia and the Republic of the Marshall Islands shall continue to be eligible for competitive grants administered by the Secretary of Education, the Secretary of Health and Human Services, and the Secretary of Labor to the extent that such grants continue to be available to State and local governments in the United States. (ix) Applicability The government, institutions, and people of Palau shall remain eligible for appropriations and to receive grants under the provisions of law specified in clauses (ii) and (iii) until the end of fiscal year 2024, to the extent the government, institutions, and people of Palau were so eligible under such provisions in fiscal year 2003. (C) The Legal Services Corporation, 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). (D) The Public Health Service. (E) The Rural Housing Service (formerly, the Farmers Home Administration) in the Marshall Islands and each of the four States of the Federated States of Micronesia: Provided (2) Tort claims The provisions of section 178 of the U.S.-FSM Compact and the U.S.-RMI Compact regarding settlement and payment of tort claims shall apply to employees of any Federal agency of the Government of the United States (and to any other person employed on behalf of any Federal agency of the Government of the United States on the basis of a contractual, cooperative, or similar agreement) which provides any service or carries out any other function pursuant to or in furtherance of any provisions of the U.S.-FSM Compact or the U.S.-RMI Compact or this joint resolution, except for provisions of Title Three of the Compact and of the subsidiary agreements related to such Title, in such area to which such Agreement formerly applied. (3) PCB cleanup The programs and services of the Environmental Protection Agency regarding PCBs shall, to the extent applicable, as appropriate, and in accordance with applicable law, be construed to be made available to such islands for the cleanup of PCBs imported prior to 1987. The Secretary of the Interior and the Secretary of Defense shall cooperate and assist in any such cleanup activities. (g) College of Micronesia Until otherwise provided by Act of Congress, or until termination of the U.S.-FSM Compact and the U.S.-RMI Compact, the College of Micronesia shall retain its status as a land-grant institution and its eligibility for all benefits and programs available to such land-grant institutions. (h) Trust Territory debts to U.S. Federal agencies Neither the Government of the Federated States of Micronesia nor the Government of the Marshall Islands shall be required to pay to any department, agency, independent agency, office, or instrumentality of the United States any amounts owed to such department, agency, independent agency, office, or instrumentality by the Government of the Trust Territory of the Pacific Islands as of the effective date of the Compact. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection. (i) Judicial training (1) In general In addition to amounts provided under section 211(a)(4) of the U.S.-FSM Compact and the U.S.-RMI Compact, the Secretary of the Interior shall annually provide $300,000 for the training of judges and officials of the judiciary in the Federated States of Micronesia and the Republic of the Marshall Islands in cooperation with the Pacific Islands Committee of the Ninth Circuit Judicial Council and in accordance with and to the extent provided in the Federal Programs and Services Agreement and the Fiscal Procedure Agreement, as appropriate. (2) Authorization and continuing appropriation There is hereby authorized and appropriated to the Secretary of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, for each fiscal year from 2004 through 2023, $300,000, as adjusted for inflation under section 218 of the U.S.-FSM Compact and the U.S.-RMI Compact, to carry out the purposes of this section. (j) Technical assistance Technical assistance may be provided pursuant to section 224 of the U.S.-FSM Compact or the U.S.-RMI Compact by Federal agencies and institutions of the Government of the United States to the extent such assistance may be provided to States, territories, or units of local government. Such assistance by the Forest Service, the Natural Resources Conservation Service, the Fish and Wildlife Service, the National Marine Fisheries Service, the United States Coast Guard, and the Advisory Council on Historic Preservation, the Department of the Interior, and other agencies providing assistance under division A of subtitle III of title 54, shall be on a nonreimbursable basis. During the period the U.S.-FSM Compact and the U.S.-RMI Compact are in effect, the grant programs under the National Historic Preservation Act shall continue to apply to the Federated States of Micronesia and the Republic of the Marshall Islands in the same manner and to the same extent as prior to the approval of the Compact. Any funds provided pursuant to subsections (c) and (g) to (m) and sections 1921a(a) and 1921b(a), (b), (f) to (h), and (j) of this title shall be in addition to and not charged against any amounts to be paid to either the Federated States of Micronesia or the Republic of the Marshall Islands pursuant to the U.S.-FSM Compact, the U.S.-RMI Compact, or their related subsidiary agreements. (k) Prior service benefits program Notwithstanding any other provision of law, persons who on January 1, 1985 July 1, 1968 (l) Indefinite land use payments There are authorized to be appropriated such sums as may be necessary to complete repayment by the United States of any debts owed for the use of various lands in the Federated States of Micronesia and the Marshall Islands prior to January 1, 1985 (m) Communicable disease control program There are authorized to be appropriated for grants to the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands, and the governments of the affected jurisdictions, such sums as may be necessary for purposes of establishing or continuing programs for the control and prevention of communicable diseases, including (but not limited to) cholera, tuberculosis, and Hansens Disease. The Secretary of the Interior shall assist the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands and the governments of the affected jurisdictions in designing and implementing such a program. (n) User fees Any person in the Federated States of Micronesia or the Republic of the Marshall Islands shall be liable for user fees, if any, for services provided in the Federated States of Micronesia or the Republic of the Marshall Islands by the Government of the United States to the same extent as any person in the United States would be liable for fees, if any, for such services in the United States. (o) Treatment of judgments of courts of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau No judgment, whenever issued, of a court of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, against the United States, its departments and agencies, or officials of the United States or any other individuals acting on behalf of the United States within the scope of their official duty, shall be honored by the United States, or be subject to recognition or enforcement in a court in the United States, unless the judgment is consistent with the interpretation by the United States of international agreements relevant to the judgment. In determining the consistency of a judgment with an international agreement, due regard shall be given to assurances made by the Executive Branch to Congress of the United States regarding the proper interpretation of the international agreement. (p) Establishment of trust funds; expedition of process (1) In general The Trust Fund Agreement executed pursuant to the U.S.-FSM Compact and the Trust Fund Agreement executed pursuant to the U.S.-RMI Compact each provides for the establishment of a trust fund. (2) Method of establishment The trust fund may be established by (A) creating a new legal entity to constitute the trust fund; or (B) assuming control of an existing legal entity including, without limitation, a trust fund or other legal entity that was established by or at the direction of the Government of the United States, the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands, or otherwise for the purpose of facilitating or expediting the establishment of the trust fund pursuant to the applicable Trust Fund Agreement. (3) Obligations For the purpose of expediting the commencement of operations of a trust fund under either Trust Fund Agreement, the trust fund may, but shall not be obligated to, assume any obligations of an existing legal entity and take assignment of any contract or other agreement to which the existing legal entity is party. (4) Assistance Without limiting the authority that the United States Government may otherwise have under applicable law, the United States Government may, but shall not be obligated to, provide financial, technical, or other assistance directly or indirectly to the Government of the Federated States of Micronesia or the Government of the Republic of the Marshall Islands for the purpose of establishing and operating a trust fund or other legal entity that will solicit bids from, and enter into contracts with, parties willing to serve in such capacities as trustee, depositary, money manager, or investment advisor, with the intention that the contracts will ultimately be assumed by and assigned to a trust fund established pursuant to a Trust Fund Agreement. ( Pub. L. 108188, title I,  105 Dec. 17, 2003 117 Stat. 2744 Pub. L. 109270,  2 l Aug. 12, 2006 120 Stat. 749 Pub. L. 110161, div. F, title I,  124 Dec. 26, 2007 121 Stat. 2121 Pub. L. 110229, title VIII May 8, 2008 122 Stat. 870 Pub. L. 113128, title V,  512(g)(1) July 22, 2014 128 Stat. 1708 Pub. L. 113287,  5 o Dec. 19, 2014 128 Stat. 3272 Pub. L. 11591, div. A, title XII,  1259C(c) Dec. 12, 2017 131 Stat. 1687  Editorial Notes  References in Text This joint resolution, referred to in subsecs. (a), (b)(10), and (f)(2), is Pub. L. 108188 Dec. 17, 2003 117 Stat. 2720 section 3101 of Title 5 section 1901 of this title Section 3927 of title 22 Act of June 30, 1954 act June 30, 1954, ch. 423 68 Stat. 330 section 1681 of this title The joint resolution of January 14, 1986 Public Law 99239 Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title The Individuals with Disabilities Education Act, referred to in subsec. (f)(1)(B)(ii)(I), is title VI of Pub. L. 91230 Apr. 13, 1970 84 Stat. 175 section 1400 of Title 20 The Higher Education Act of 1965, referred to in subsec. (f)(1)(B)(ii)(II), (iii), is Pub. L. 89329 Nov. 8, 1965 79 Stat. 1219 section 1001 of Title 20 The Elementary and Secondary Education Act of 1965, referred to in subsec. (f)(1)(B)(iii), is Pub. L. 8910 Apr. 11, 1965 79 Stat. 27 section 6301 of Title 20 The Workforce Innovation and Opportunity Act, referred to in subsec. (f)(1)(B)(iii), is Pub. L. 113128 July 22, 2014 128 Stat. 1425 section 3101 of Title 29 Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (f)(1)(B)(iii), is Pub. L. 88210 Dec. 18, 1963 77 Stat. 403 Pub. L. 109270,  1(b) Aug. 12, 2006 120 Stat. 683 section 2301 of Title 20 The Head Start Act, referred to in subsec. (f)(1)(B)(iii), (v), is subchapter B ( 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 9735 Aug. 13, 1981 95 Stat. 499 section 9801 of Title 42 Amendments 2017Subsec. (f)(1)(B)(ix). Pub. L. 11591 2014Subsec. (f)(1)(B)(iii). Pub. L. 113128 29 U.S.C. 2801 29 U.S.C. 2881 20 U.S.C. 9201 Subsec. (j). Pub. L. 113287 80 Stat. 915 16 U.S.C. 470470t 2008Subsec. (b)(1). Pub. L. 110229,  806(a)(3) Subsec. (f)(1)(A). Pub. L. 110229,  803(a) Subsec. (f)(1)(B)(ii)(II). Pub. L. 110229,  804(1) Subsec. (f)(1)(B)(iii). Pub. L. 110229,  804(2) Subsec. (f)(1)(B)(ix). Pub. L. 110229,  804(3) Pub. L. 110161 Subsec. (f)(1)(C). Pub. L. 110229,  805 2007Subsec. (f)(1)(B)(ix). Pub. L. 110161 2006Subsec. (f)(1)(B)(iii). Pub. L. 109270 Statutory Notes and Related Subsidiaries Effective Date of 2014 Amendment Amendment by Pub. L. 113128 July 22, 2014 July 1, 2015 section 506 of Pub. L. 113128 section 3101 of Title 29 Effective Date of 2008 Amendment Pub. L. 110229, title VIII,  803(b) May 8, 2008 122 Stat. 870 The amendments made by subsection (a) [amending this section] shall be effective as of the date that is 180 days after the date of enactment of this Act [ May 8, 2008 Continued Applicability of Subsection (f)(1)(B)(ix) The following laws provided for the continued applicability of subsection (f)(1)(B)(ix) of this section from 2009 to 2019: Pub. L. 115245, div. B, title III,  303 Sept. 28, 2018 132 Stat. 3105 Pub. L. 115141, div. H, title III,  305 Mar. 23, 2018 132 Stat. 750 Pub. L. 11531, div. H, title III,  305 May 5, 2017 131 Stat. 552 Pub. L. 114113, div. H, title III,  306 Dec. 18, 2015 129 Stat. 2637 Pub. L. 113235, div. G, title III,  306 Dec. 16, 2014 128 Stat. 2504 Pub. L. 11376, div. H, title III,  306 Jan. 17, 2014 128 Stat. 399 Pub. L. 11274, div. F, title III,  306 Dec. 23, 2011 125 Stat. 1099 Pub. L. 111117, div. D, title III,  309 Dec. 16, 2009 123 Stat. 3272  1921e. Construction contract assistance (a) Assistance to U.S. firms In order to assist the Governments of the Federated States of Micronesia and of the Republic of the Marshall Islands through private sector firms which may be awarded contracts for construction or major repair of capital infrastructure within the Federated States of Micronesia or the Republic of the Marshall Islands, the United States shall consult with the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands with respect to any such contracts, and the United States shall enter into agreements with such firms whereby such firms will, consistent with applicable requirements of such Governments (1) to the maximum extent possible, employ citizens of the Federated States of Micronesia and the Republic of the Marshall Islands; (2) to the extent that necessary skills are not possessed by citizens of the Federated States of Micronesia and the Republic of the Marshall Islands, provide on the job training, with particular emphasis on the development of skills relating to operation of machinery and routine and preventative maintenance of machinery and other facilities; and (3) provide specific training or other assistance in order to enable the Government to engage in long-term maintenance of infrastructure. Assistance by such firms pursuant to this section may not exceed 20 percent of the amount of the contract and shall be made available only to such firms which meet the definition of United States firm under the nationality rule for suppliers of services of the Agency for International Development (hereafter in this section referred to as United States firms). There are authorized to be appropriated such sums as may be necessary for the purposes of this subsection. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to cover any additional costs incurred by the Government of the Federated States of Micronesia or the Republic of the Marshall Islands if such Governments, pursuant to an agreement entered into with the United States, apply a preference on the award of contracts to United States firms, provided that the amount of such preference does not exceed 10 percent of the amount of the lowest qualified bid from a non-United States firm for such contract. ( Pub. L. 108188, title I,  106 Dec. 17, 2003 117 Stat. 2755  1921f. Prohibition  All laws governing conflicts of interest and post-employment of Federal employees shall apply to the implementation of this Act. ( Pub. L. 108188, title I,  107 Dec. 17, 2003 117 Stat. 2755  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 108188 Dec. 17, 2003 117 Stat. 2720 section 3101 of Title 5 section 1901 of this title  1921g. Compensatory adjustments (a) Additional programs and services In addition to the programs and services set forth in section 221 of the U.S.-FSM Compact and the U.S.-RMI Compact, and pursuant to section 222 of the U.S.-FSM Compact and the U.S.-RMI Compact, the services and programs of the following United States agencies shall be made available to the Federated States of Micronesia and the Republic of the Marshall Islands: the Small Business Administration, Economic Development Administration, the Rural Utilities Services (formerly Rural Electrification Administration); the programs and services of the Department of Labor under subtitle C of title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3191 (b) Further amounts (1) The joint resolution of January 14, 1986 Public Law 99239 September 30, 1990 January 14, 1986 Public Law 99239 48 U.S.C. 1911(a) January 14, 1986 Public Law 99239 (2) The governments of the Federated States of Micronesia and the Republic of the Marshall Islands may each submit no more than one report or request for further compensation under section 111 of the joint resolution of January 14, 1986 Public Law 99239 September 30, 2009 January 14, 1986 Public Law 99239 ( Pub. L. 108188, title I,  108 Dec. 17, 2003 117 Stat. 2755 Pub. L. 113128, title V,  512(g)(2) July 22, 2014 128 Stat. 1708  Editorial Notes  References in Text The Workforce Innovation and Opportunity Act, referred to in subsec. (a), is Pub. L. 113128 July 22, 2014 128 Stat. 1425 section 3101 of Title 29 The joint resolution of January 14, 1986 Public Law 99239 Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title section 1901 of this title Amendments 2014Subsec. (a). Pub. L. 113128,  512(g)(2) 29 U.S.C. 2881 Statutory Notes and Related Subsidiaries Effective Date of 2014 Amendment Amendment by Pub. L. 113128 July 22, 2014 July 1, 2015 section 506 of Pub. L. 113128 section 3101 of Title 29  1921h. Authorization and continuing appropriation (a) There are authorized and appropriated to the Department of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, such sums as are necessary to carry out the purposes of sections 1921d(f)(1) and 1921d(i) of this title, sections 211, 212(b), 215, and 217 of the U.S.-FSM Compact, and sections 211, 212, 213(b), 216, and 218 of the U.S.-RMI Compact, in this and subsequent years. (b) There are authorized to be appropriated to the Departments, agencies, and instrumentalities named in paragraphs (1) and (3) through (6) of section 221(a) of the U.S.-FSM Compact and paragraphs (1) and (3) through (5) of section 221(a) of the U.S.-RMI Compact, such sums as are necessary to carry out the purposes of sections 221(a) of the U.S.-FSM Compact and the U.S.-RMI Compact, to remain available until expended. ( Pub. L. 108188, title I,  109 Dec. 17, 2003 117 Stat. 2756 SUBCHAPTER II PALAU Part A Approval of Compact and Supplemental Provisions  1931. Approval of Compact of Free Association (a) Approval The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of Palau is hereby approved, and Congress hereby consents to the agreements as set forth on pages 154 through 405 of House Document 99193 of April 9, 1986 (b) Reference to Compact Any reference in this joint resolution to the Compact shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution. (c) Amendment, change, or termination of Compact and certain agreements (1) Mutual agreement by the Government of the United States as provided in the Compact which results in amendment, change, or termination of all or any part thereof shall be affected only by Act of Congress and no unilateral action by the Government of the United States provided for in the Compact, and having such result, may be effected other than by Act of Congress. (2) The provisions of paragraph (1) shall apply (A) to all actions of the Government of the United States under the Compact including, but not limited to, actions taken pursuant to sections 431, 432, 441, or 442; (B) to any amendment, change, or termination in any agreement that may be concluded at any time between the Government of the United States and the Government of Palau regarding friendship, cooperation and mutual security concluded pursuant to sections 321 and 323 of the Compact referred to in section 462(h); (C) to any amendment, change, or termination of the agreements concluded pursuant to Compact sections 175 and 221(a)(4), the terms of which are incorporated by reference into the Compact; and (D) to the following subsidiary agreements, or portions thereof: (i) Article II of the agreement referred to in section 462(a) of the Compact; (ii) Article II of the agreement referred to in section 462(b) of the Compact; (iii) Article II and Section 7 of Article X of the agreement referred to in section 462(f) of the Compact; (iv) the agreement referred to in section 462(g) of the Compact; (v) Articles II, III, IV, V, VI, and VII of the agreement referred to in section 462(h) of the Compact; and (vi) Articles VI, XV, and XVII of the agreement referred to in section 462(i) of the Compact. (d) Effective date (1) The authority of the President to agree to an effective date for the Compact of Free Association between the United States and Palau concurrently with termination of the Trusteeship shall be carried out in accordance with this section, and the Compact shall not take effect until after (A) The President has certified to the Congress that the Compact has been approved in accordance with Section 411(a) and (b) of the Compact, and that there exists no legal impediment to the ability of the United States to carry out fully its responsibilities and to exercise its rights under Title Three of the Compact, as set forth in this Act, and (B) enactment of a joint resolution which has been reported by the Committee on Energy and Natural Resources of the Senate and the Committees on Interior and Insular Affairs and Foreign Affairs and other appropriate Committees of the House of Representatives authorizing entry into force of the Compact, and (C) agreements have been concluded with Palau which satisfy the requirements of section 1902 of this title section 1902 of this title (2) Any agreement concluded with Palau pursuant to subparagraph (C) of paragraph (1) and any agreement which would amend, change, or terminate any subsidiary agreement or related agreement, or portion thereof, as set forth in paragraph (4) of this subsection shall be submitted to the Congress. No such agreement shall take effect until after the expiration of 30 days after the date such agreement is so submitted (excluding days on which either House of Congress is not in session). (3) No agreement described in paragraph (2) shall take effect if a joint resolution of disapproval is enacted during the period specified in paragraph (2). For the purpose of expediting the consideration of such a joint resolution, a motion to proceed to the consideration of any such joint resolution after it has been reported by an appropriate committee shall be treated as highly privileged in the House of Representatives. Any such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of Public Law 94329 (4) The subsidiary agreement of 1 1 (A) Articles III and IV of the agreement referred to in section 462(b) of the Compact. (B) Articles III, IV, V, VI, VII, VIII, IX, and X (except for section 7 thereof) of the agreement referred to in section 462(f) of the Compact. (C) Articles IV, V, X, XIV, XVI, and XVIII of the agreement referred to in section 462(i) of the Compact. (D) Articles II, V, VI, VII, and VIII of the agreement referred to in section 462(h) of the Compact. (E) The agreement referred to in section 462(j) of the Compact. (5) No agreement between the United States and the Government of Palau which would amend, change, or terminate any subsidiary or related agreement, or portion thereof, other than those set forth in subsection (d) 2 2 ( Pub. L. 99658, title I,  101 Nov. 14, 1986 100 Stat. 3673  Editorial Notes  References in Text The Compact of Free Association and the Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658 This joint resolution and this Act, referred to in text, is Pub. L. 99658 Nov. 14, 1986 100 Stat. 3672 section 1934 of this title For Oct. 1, 1994 Sept. 27, 1994 Section 601(b) of Public Law 94329 section 601(b) of Pub. L. 94329 June 30, 1976 90 Stat. 765 Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries  Change of Name Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress, Jan. 5, 1993 Regulations Regarding Habitual Residence Commissioner of Immigration and Naturalization to issue regulations, not later than 6 months after Sept. 30, 1996 section 643 of Pub. L. 104208 section 1901 of this title Recital Clauses Pub. L. 99658  Whereas the United States is the administering authority of the Trust Territory of the Pacific Islands under the terms of the Trusteeship Agreement for the former Japanese Mandated Islands entered into by the United States with the Security Council of the United Nations on April 2, 1947 July 18, 1947 Whereas the United States, in accordance with the Trusteeship Agreement, the Charter of the United Nations and the objectives of the international trusteeship system, has promoted the development of the peoples of the Trust Territory toward self-government or independence as appropriate to the particular cicumstances [sic] of the Trust Territory and its peoples and the freely expressed wishes of the peoples concerned; and Whereas the United States, in response to the desires of the people of Palau expressed through their freely-elected representatives and by the official pronouncements and enactments of their lawfully constituted government, and in consideration of its own obligations under the Trusteeship Agreement to promote self-determination, entered into political status negotiations with representatives of the people of Palau; and Whereas these negotiations resulted in the Compact of Free Association [set out below] between the United States and Palau which, together with its related agreements, was signed by the United States and by Palau on January 10, 1986 Whereas the Compact of Free Association received a favorable vote of a majority of the people of Palau voting in a United Nations-observed plebiscite conducted on February 21, 1986 Whereas the Supreme Court of Palau has ruled that the constitutional process of Palau for approval of the Compact of Free Association in accordance with section 411 of the Compact has not yet been completed; and Whereas the President of Palau has requested the United States to complete the process of United States approval of the Compact of Free Association in accordance with section 411 of the Compact through enactment of an appropriate joint resolution. Agreement Supplemental to Compact of Free Association With Palau Pub. L. 11591, div. A, title XII,  1259C(a) Dec. 12, 2017 131 Stat. 1687  (a)  Approval of Agreement Supplemental to Compact. (1)  In general Subject to the availability of appropriations that meet the total financial obligations for such purpose, the Compact Review Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 Public Law 99658 48 U.S.C. 1931 (2)  Funding schedule The Compact Review Agreement includes a funding schedule that is to be modified by the parties to the Compact Review Agreement, and such funding schedule (as so modified) is approved. The Compact Review Agreement, appendices, and funding schedule (as so modified) are referred to hereinafter as the Agreement. (b)  Status of Prior Year Payments Amounts provided to the Government of Palau by the Government of the United States in fiscal years 2011 through 2017 shall also be considered as funding to implement the Agreement. Compact of Free Association Pub. L. 99658, title II,  201 Nov. 14, 1986 100 Stat. 3678  Compact of Free Association is as follows: COMPACT OF FREE ASSOCIATION preamble the government of the united states of america and the government of palau Affirming that their Governments and the relationship between their Governments are founded upon respect for human rights and fundamental freedoms for all, and Affirming the common interests of the United States of America and the people of Palau in creating close and mutually beneficial relationships through a free and voluntary association of their Governments; and Affirming the interest of the Government of the United States in promoting the economic advancement and self-sufficiency of the people of Palau; and Recognizing that their previous relationship has been based upon the International Trusteeship System of the United Nations Charter; and that pursuant to Article 76 of the Charter, the peoples of the Trust Territory have progressively developed their institutions of self-government, and that in the exercise of their sovereign right to self-determination they have, through their free-expressed [sic] wishes, adopted a Constitution appropriate to their particular circumstances; and Recognizing their common desire to terminate the Trusteeship and establish a new government-to-government relationship in accordance with a new political status based on the freely-expressed wishes of the people of Palau and appropriate to their particular circumstances; and Recognizing that the people of Palau have and retain their sovereignty and their sovereign right to self-determination and the inherent right to adopt and amend their own Constitution and form of government and that the approval of the entry of their Government into this Compact of Free Association by the people of Palau constitutes an exercise of their sovereign right to self-determination; NOW, THEREFORE, AGREE to enter into relationship of free association which provides a full measure of self-government for the people of Palau; and FURTHER AGREE that the relationships of free association derives from and is as set forth in this Compact; and that, during such relationships of free association, the respective rights and responsibilities of the Government of the United States and the Government of the freely associated state of Palau in regard to this relationship of free association derives from and is as set forth in this Compact. TITLE ONE GOVERNMENT RELATIONS Article I Self-government Section 111 The people of Palau, acting through their duly elected government established under their constitution, are self-governing. Article II Foreign Affairs Section 121 (a) The Republic of Palau has the capacity to conduct foreign affairs in its own name and right, except as otherwise provided in this Compact and the Government of the United States recognizes that the Government of Palau, in the exercise of this capacity, may enter into, in its own name and right, treaties and other international agreements with governments and regional and international organizations. (b) In the conduct of its foreign affairs the Government of Palau confirms that it shall act in accordance with principles of international law and shall settle its international disputes by peaceful means. Section 122 The Government of the United States shall support application by the Government of Palau for membership or other participation in regional or international organizations as may be mutually agreed. The Government of the United States agrees to accept citizens of Palau for training and instruction at the United States Foreign Service Institute [now George P. Shultz National Foreign Affairs Training Center], established under 22 U.S.C. 4021 Section 123 In recognition of the authority and responsibility of the Government of the United States under Title Three, the Government of Palau shall consult with the Government of the United States. The Government of the United States, in the conduct of its foreign affairs, shall consult with the Government of Palau on matters which the Government of the United States regards as relating to or affecting the Government of Palau, and shall provide, on a regular basis, information on regional foreign policy matters. Section 124 (a) The Government of Palau has authority to conduct its foreign affairs relating to law of the sea and marine resources matters, including the harvesting, conservation, exploration or exploitation of living and nonliving resources from the sea, seabed or subsoil to the full extent recognized under international law. (b) The Government of Palau has jurisdiction and sovereignty over its territory, including its land and internal waters, territorial seas, the airspace superjacent thereto only to the extent recognized under international law. Section 125 Except as otherwise provided in this Compact or its related agreements, all obligations, responsibilities, rights and benefits of the Government of the United States as administering authority which have resulted from the application pursuant to the Trusteeship Agreement of any treaty or other international agreement to the Trust Territory of the Pacific Islands on the day preceding the effective date of this Compact are no longer assumed and enjoyed by the Government of the United States. Section 126 The Government of the United States shall accept responsibility for those actions taken by the Government of Palau in the area of foreign affairs, only as may from time to time be expressly and mutually agreed. Section 127 The Government of the United States may assist or act on behalf of the Government of Palau in the area of foreign affairs as may be requested and mutually agreed from time to time. The Government of the United States shall not be responsible to third parties for the actions of the Government of Palau undertaken with the assistance or through the agency of the Government of the United States pursuant to this Section unless expressly agreed. Section 128 At the request of the Government of Palau and subject to the consent of the receiving state, the Government of the United States shall extend consular assistance on the same basis as for citizens of the United States to citizens of Palau for travel outside of Palau, the Marshall Islands, the Federated States of Micronesia, the United States and its territories and possessions. Article III Communications Section 131 (a) The Government of Palau has full authority and responsibility to regulate its domestic and foreign communications, and the Government of the United States shall provide communication assistance in accordance with the terms of a related agreement which shall come into effect simultaneously with this Compact, and such agreement shall remain in effect until such time as any election is made pursuant to Section 131(b) and which shall provide for the following: (1) the Government of the United States remains the sole administration entitled to make notification to the International Frequency Registration Board of the International Telecommunications Union of frequency assignments to radio communications stations in Palau; and to submit to the International Frequency Registration Board seasonal schedules for the broadcasting stations in Palau in the bands allocated exclusively to the broadcasting service between 5,950 and 26,100 kHz and in any other additional frequency bands that may be allocated to use by high frequency broadcasting stations; and (2) the United States Federal Communications Commission has jurisdiction, pursuant to the Communications Act of 1934, 47 U.S.C. 151 47 U.S.C. 721 (b) The Government of Palau may elect at any time to undertake the functions enumerated in Section 131(a) and previously performed by the Government of the United States. Upon such election, the Government of the United States shall so notify the International Frequency Registration Board and shall take such other actions as may be necessary to transfer to the Government of Palau the notification authority referred to in Section 131(a) and all rights deriving from the previous exercise of any such notification authority by the Government of the United States. Section 132 The Government of Palau shall permit the Government of the United States to operate telecommunications services in Palau to the extent necessary to fulfill the obligations of the Government of the United States under this Compact in accordance with the terms of related agreements which shall come into effect simultaneously with this Compact. Article IV Immigration Section 141 (a) Any person in the following categories may enter into, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (14), (20), and (26) of section 212(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(a)(14)  (1) a person who, on the day preceding the effective date of this Compact, is a citizen of Trust Territory of the Pacific Islands, as defined in Title 53 of the Trust Territory Code in force on January 1, 1979 (2) a person who acquires the citizenship of Palau, at birth, on or after the effective date of the Constitution of Palau; or (3) a naturalized citizen of Palau, who has been an actual resident there for not less than five years after attaining such naturalization and who holds a certificate of actual residence. Such persons shall be considered to have the permission of the Attorney General of the United States to accept employment in the United States. (b) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to nondiscriminatory limitations provided for: (1) in statutes or regulations of the United States; or (2) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. (c) Section 141(a) does not confer on a citizen of Palau, the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, or to petition for benefits for alien relatives under that Act. Section 141(a), however, shall not prevent a citizen of Palau from otherwise acquiring such rights or lawful permanent resident alien status in the United States. Section 142 (a) Any citizen or national of the United States may enter into, lawfully engage in occupations, and reside in Palau, subject to the right of that Government to deny entry to or deport any such citizen or national as an undesirable alien. A citizen or national of the United States may establish habitual residence or domicile in Palau only in accordance with the laws of Palau. This subsection is without prejudice to the right of the Government of Palau to regulate occupations in Palau in a nondiscriminatory manner. (b) With respect to the subject matter of this Section, the Government of Palau shall accord to citizens and nationals of the United States treatment no less favorable than that accorded to citizens of other countries; any denial of entry to or deportation of a citizen or national of the United States as an undesirable alien must be pursuant to reasonable statutory grounds. Section 143 (a) The privileges set forth in Section 141 shall not apply to any person who takes an affirmative step to preserve or acquire a citizenship or nationality other than that of Palau. (b) Every person having the privileges set forth in Sections 141 and 142 who possesses a citizenship or nationality other than that of Palau or the United States ceases to have these privileges two years after the effective date of this Compact, or within six months after becoming 21 years of age, whichever comes later, unless such person executes an oath of renunciation of that other citizenship or nationality. Section 144 (a) A citizen or national of the United States who, after notification to the Government of the United States of an intention to employ such person by the Government of Palau, commences employment with that Government shall not be deprived of his United States nationality pursuant to Section 349(a)(2) and (a)(4) of the Immigration and Nationality Act, 8 U.S.C. 1481(a)(2) (b) Upon such notification by the Government of Palau, the Government of the United States may consult with or provide information to the notifying Government concerning the prospective employee, subject to the provisions of the Privacy Act, 5 U.S.C. 552a (c) The requirement of prior notification shall not apply to those citizens or nationals of the United States who are employed by the Government of Palau on the effective date of this Compact with respect to the positions held by them at that time. Article V Representation Section 151 The Government of the United States and the Government of Palau may establish and maintain representative offices in the capitals of the other. Section 152 (a) The premises of such representatives [sic] offices, and their archives wherever located, shall be inviolable. The property and assets of such representative offices shall be immune from search, requisition, attachment and any form of seizure unless such immunity is expressly waived. Official communications in transit shall be inviolable and accorded the freedom and protections accorded by recognized principles of intentional [sic] law to official communications of a diplomatic mission. (b) Persons designated by the sending Government may serve in the capacity of its resident representatives with the consent of the receiving Government. Such designated persons shall be immune from civil and criminal process relating to words spoken or written and all acts performed by them in their official capacity and falling within their functions as such representatives, except insofar as such immunity may be expressly waived by the sending Government. While serving in a resident representative capacity, such designated persons shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by a competent judicial authority, and such persons shall enjoy immunity from seizure of personal property, immigration restrictions, and laws relating to alien registration, fingerprinting, and the registration of foreign agents. (c) The sending Governments and their respective assets, income and other property shall be exempt from all direct taxes, except those direct taxes representing payment for specific goods and services, and shall be exempt from all customs duties and restrictions on the import or export of articles required for the official functions and personal use of their representatives and representative offices. (d) Persons designated by the sending Government to serve in the capacity of its resident representatives shall enjoy the same taxation exemptions as are set forth in Article 34 of the Vienna Convention on Diplomatic Relations. (e) The privileges, exemptions and immunities accorded under this Section are not for the personal benefit of the individuals concerned but are to safeguard the independent exercise of their official functions. Without prejudice to those privileges, exemptions and immunities, it is the duty of all such persons to respect the laws and regulations of the Government to which they are assigned. Article VI Environmental Protection Section 161 The Government of the United States and the Government of Palau declare that it is their policy to promote efforts to prevent or eliminate damage to the environment and biosphere and to enrich understanding of the natural resources of the Palau. Section 162 (a) The Government of the United States and the Government of Palau agree that with respect to the activities of the Government of the United States in Palau, and with respect to substantively equivalent activities of the Government of Palau, each of the Governments shall be bound by such environmental protection standards as may be mutually agreed for the purpose of carrying out the policy set forth in this Compact. Section 163 In order to carry out the policy set forth in this Article, the Government of the United States and the Government of Palau agree to the following undertakings. (a) The Government of the United States: (1) shall apply environmental standards substantively similar to those in effect on the day preceding the effective date of this Compact to any activity requiring the preparation of an Environmental Impact Statement under the provisions of the National Environmental Policy Act of 1969, 83 Stat. 852 42 U.S.C. 4321 (2) shall develop, prior to conducting any activity included within the category described in this Section, appropriate mechanisms, including regulations or other standards and procedures, to regulate such activity in Palau in a manner appropriate to the special governmental relationship set forth in this Compact. The Government of the United States shall provide the Government of Palau with the opportunity to comment formally during the development of such mechanisms. (b) The Government of Palau shall develop standards and procedures to protect the environment of Palau. As a reciprocal obligation to the undertakings of the Government of the United States under this Article, the Government of Palau, taking into account the particular environment of Palau, shall develop standards for environmental protection substantively similar to those required of the Government of the United States by Section 163(a)(1) prior to conducting activities in Palau substantively equivalent to activities conducted there by the Government of the United States and, as a further reciprocal obligation, shall enforce those standards. (c) Section 163(a), including any standard or procedure applicable thereunder, and Section 163(b) may be modified or superseded in whole or in part by agreement of the Government of the United States and the Government of Palau. (d) Disputes arising under this Article, except for Section 163(e), shall be resolved exclusively in accordance with Article II of Title Four. (e) The President of the United States may exempt any of the activities of the Government of the United States under this Compact and its related agreements from any environmental standard or procedure which may be applicable under this Article if the President determines it to be in the paramount interest of the Government of the United States to do so, consistent with Title Three of this Compact and the obligations of the Government of the United States under international law. Prior to any decision pursuant to this subsection, the views of the Government of Palau shall be sought and considered to the extent practicable. If the President grants such an exemption, to the extent practicable, a report with his reasons for granting such exemption shall be given promptly to the Government of Palau. Article VII General Legal Provisions Section 171 Except as provided in this Compact or its related agreements, the application of the laws of the United States to the Trust Territory of the Pacific Islands by virtue of the Trusteeship Agreement ceases with respect to Palau as of the effective date of this Compact. Section 172 (a) Every citizen of Palau who is not a resident of the United States shall enjoy the rights and remedies under the laws of the United States enjoyed by any nonresident alien. (b) The Government and every citizen of Palau shall be considered a person within the meaning of the Freedom of Information Act, 5 U.S.C. 552 5 U.S.C. 701706 Section 173 The Government of the United States and the Government of Palau, agree to adopt and enforce such measures, consistent with this Compact and its related agreements, as may be necessary to protect the personnel, property, installations, services, programs and official archives and documents maintained by the Government of the United States in Palau pursuant to this Compact and its related agreements and by that Government in the United States pursuant to this Compact and its related agreements. Section 174 Except as otherwise provided in this Compact and its related agreements: (a) The Government of Palau shall be immune from the jurisdiction of the courts of the United States, and the Government of the United States shall be immune from the jurisdiction of the courts of Palau. (b) The Government of the United States accepts responsibility for and shall pay: (1) any unpaid money judgment rendered by the High Court of the Trust Territory of the Pacific Islands against the Government of the Trust Territory of the Pacific Islands or the Government of the United States with regard to any cause of action arising as a result of acts or omissions of the Government of the Trust Territory of the Pacific Islands or the Government of the United States prior to the effective date of this Compact; (2) any claim settled by the claimant and the Government of the Trust Territory of the Pacific Islands but not paid as of the effective date of this Compact; and (3) settlement of any administrative claim or of any action before a court of the Trust Territory of the Pacific Islands, pending as of the effective date of this Compact, against the Government of the Trust Territory of the Pacific Islands or the Government of the United States, arising as a result of acts or omissions of the Government of the Trust Territory of the Pacific Islands or the Government of the United States. (c) Any claim not referred to in Section 174(b) and arising from an act or omission of the Government of the Trust Territory of the Pacific Islands or the Government of the United States prior to the effective date of this Compact shall be adjudicated in the same manner as a claim adjudicated according to Section 174(d). In any claim against the Government of the Trust Territory of the Pacific Islands, the Government of the United States shall stand in the place of the Government of the Trust Territory of the Pacific Islands. A judgment on any claim referred to in Section 174(b) or this subsection, not otherwise satisfied by the Government of the United States, may be presented for certification to the United States Court of Appeals for the Federal Circuit, or its successor court, which shall have jurisdiction therefor, notwithstanding the provisions of 28 U.S.C. 1502 (d) The Government of Palau, shall not be immune from the jurisdiction of the courts of the United States, and the Government of the United States shall not be immune from the jurisdiction of the courts of Palau in any case in which the action is based on a commercial activity of the defendant Government carried out where the action is brought, or in a case in which damages are sought for personal injury or death or damage to or loss of property occurring where the action is brought. This subsection shall apply only to actions based on commercial activities entered into or injuries or losses suffered on or after the effective date of this Compact. Section 175 A separate agreement, which shall come into effect simultaneously with this Compact, shall be concluded between the Government of the United States and the Government of Palau regarding mutual assistance and cooperation in law enforcement matters including the pursuit, capture, imprisonment and extradition of fugitives from justice and the transfer of prisoners. The separate agreement shall have the force of law. In the United States, the laws of the United States governing international extradition, including 18 U.S.C. 3184 18 U.S.C. 4100411 Section 176 The Government of Palau confirms that final judgments in civil cases rendered by any court of the Trust Territory of the Pacific Islands shall continue in full force and effect, subject to the constitutional power of the courts of Palau to grant relief from judgments in appropriate cases. Section 177 (a) Federal agencies of the Government of the United States which provide services and related programs in Palau are authorized to settle and pay tort claims arising in Palau from the activities of such agencies or from the acts or omissions of the employees of such agencies. Except as provided in Section 177(b), the provisions of 28 U.S.C. 2672 31 U.S.C. 1304 (b) Claims under Section 177(a) which cannot be settled under Section 177(a) shall be disposed of exclusively in accordance with Article II of Title Four. Arbitration awards rendered pursuant to this subsection shall be paid out of funds under 31 U.S.C. 1304 (c) The Government of the United States and the Government of Palau shall provide for: (1) the administrative settlement of claims referred to in Section 177(a), including designation of local agents in Palau, such agents to be empowered to accept, investigate and settle such claims, in a timely manner, as provided in such related agreements; and (2) arbitration, referred to in Section 177(b), in a timely manner, at a site convenient to the claimant, in the event a claim is not otherwise settled pursuant to Section 177(a). (d) The provisions of Section 174(d) shall not apply to claims covered by this Section. TITLE TWO ECONOMIC RELATIONS Article I Grant Assistance Section 211 In order to assist the Government of Palau in its efforts to advance the well-being of the people of Palau and in recognition of the special relationship that exists between the United States and Palau, the Government of the United States shall provide to the Government of Palau on a grant basis the following amounts: (a) $12 million annually for ten years commencing on the effective date of this Compact, and $11 million annually for five years commencing on the tenth anniversary of the effective date of this Compact, for current account operations and maintenance purposes, which amounts commencing on the fourth anniversary of the effective date of this Compact shall include a minimum annual distribution of $5 million from the fund specified in Section 211(f). (b) $2 million annually for fourteen years commencing on the first anniversary of the effective date of this Compact as a contribution to efforts aimed at achieving increased self-sufficiency in energy production, of which annual amounts not less than $500,000 shall be devoted to the energy needs of those parts of Palau not served by its central power-generating facility. (c) $150,000 annually for fifteen years commencing on the effective date of this Compact as a contribution to current account operations and maintenance of communications systems, and the sum of $1.5 million, to be made available concurrently with the grant assistance provided during the first year after the effective date of this Compact, for the purpose of acquiring such communications hardware as may be located within Palau or for such other current or capital account activity as the Government of Palau may select. (d) $631,000 annually on a current account basis for fifteen years commencing on the effective date of this Compact for the purposes set forth below: (1) for the surveillance and enforcement by Government of Palau of its maritime zone; (2) for health and medical programs, including referrals to hospital and treatment centers; and (3) for a scholarship fund to support the post-secondary education of citizens of Palau attending United States accredited, post-secondary institutions in Palau, the United States, its territories and possessions, and states in free association with the United States. The curricular criteria for the award of scholarships shall be designed to advance the purposes of the plan referred to in Section 231. (e) The sum of $666,800 as a contribution to the commencement of activities pursuant to Section 211(d)(1). (f) The sum of $66 million on the effective date of this Compact, and the sum of $4 million concurrently with the grant assistance to be made available during the third year after the effective date of this Compact, to create a fund to be invested by the Government of Palau in issues of bonds, notes or other redeemable instruments of the Government of the United States or other qualified instruments which may be identified by mutual agreement of the Government of the United States and the Government of Palau. Investment of the fund in qualified instruments of United States nationality, and the distribution of sums derived from such investment to the Government of Palau, shall not be subject to any form of taxation by the United States or its political subdivisions. The Government of the United States and the Government of Palau shall set forth in a separate agreement, which shall come into effect simultaneously with this Compact, provisions for the investment, management and review of the fund so as to allow for an agreed minimum annual distribution from its accrued principal and interest commencing upon the effective date of this Compact for fifty years. The objective of this sum is to produce an average annual distribution of $15 million commencing on the fifteenth anniversary of this Compact for thirty-five years. Any excess or variance from the agreed minimum annual distributions which may be produced from these sums shall accrue to or be absorbed by the Government of Palau unless otherwise mutually agreed in accordance with the provisions of the separate agreement referred to in this paragraph. The annual distributions produced from these sums are not subject to Sections 215 and 236. Section 212 In order to assist the Government of Palau in its efforts to advance the economic development and self-sufficiency of the people of Palau and in recognition of the special relationship that exists between the United States and Palau, the Government of the United States shall provide: (a) To the people of Palau, a road system in accordance with mutually agreed specifications, the construction of which shall be completed prior to the sixth anniversary of the effective date of this Compact; and (b) To the Government of Palau, the sum of $36 million, during the first year after the effective date of this Compact, for capital account purposes. Section 213 The Government of the United States shall provide on a grant basis to the Government of Palau the sum of $5.5 million in conjunction with Article II of Title Three. This sum shall be made available concurrently with the grant assistance provided pursuant to this Article during the first year after the effective date of this Compact. The Government of Palau, in its use of such funds, shall take into account the impact of the activities of the Government of the United States in Palau. Section 214 All funds previously appropriated to the Trust Territory of the Pacific Islands for the Government of Palau which are unobligated by the Government of the Trust Territory as of the effective date of this Compact shall accrue to the Government of Palau for the purposes for which such funds were originally appropriated as determined by the Government of the United States. Section 215 Except as otherwise provided, the amounts stated in Sections 211(a), 211(b), 211(c) and 212(b) shall be adjusted for each fiscal year by the percent which equals two-thirds of the percentage change in the United States Gross National Product Implicit Price Deflator, or seven percent, whichever is less in any one year, using the beginning of Fiscal Year 1981 as the base. Article II Program Assistance Section 221 (a) The Government of the United States shall make available to Palau, in accordance with and to the extent provided in the separate agreement referred to in Section 232, without compensation and at the levels equivalent to those available to the Trust Territory of the Pacific Islands during the year prior to the effective date of this Compact, the services and related programs: (1) of the United States Weather Service; (2) provided pursuant to the Postal Reorganization Act, 39 U.S.C. 101 (3) of the United States Federal Aviation Administration; and (4) of the United States Civil Aeronautics Board or its successor agencies which has the authority to implement the provisions of paragraph 5 of Article IX of such separate agreements, the language of which is incorporated into this Compact. (b) The Government of the United States, recognizing the special needs of the Palau [sic] particularly in the fields of education and health care, shall make available, as provided by the laws of the United States, (1) the annual amount of $2 million which shall be allocated in accordance with the provisions of the separate agreement referred to in Section 232; and (2) the sums of $4.3 million, $2.9 million and $1.5 million, respectively, during the first, second and third years after the effective date of this Compact, which sums shall be used by the Government of Palau as current account funds to finance programs similar to those programs of the United States that applied to Palau prior to the effective date of this Compact and that provided financial assistance for education to any institution, agency, organization or permanent resident of Palau or to the College of Micronesia. (c) The Government of the United States shall make available to Palau such alternate energy development projects, studies and conservation measures as are applicable to the Trust Territory of the Pacific Islands on the day preceding the effective date of this Compact, for the purposes and duration provided in the laws of the United States. (d) The Government of the United States shall have and exercise such authority as is necessary for the purposes of this Article and as is set forth in the related agreements referred to in Section 232, which shall also set forth the extent to which services and programs shall be provided to Palau. Section 222 The Government of Palau may request, from time to time, technical assistance from the Federal agencies and institutions of the Government of the United States, which are authorized to grant such technical assistance in accordance with its law and which shall grant such technical assistance in a manner which gives priority consideration to Palau over other recipients not a part of the United States, its territories or possessions and equivalent consideration to Palau with respect to other states in Free Association with the United States. Section 223 The citizens of Palau who are receiving post-secondary education assistance from the Government of the United States on the day preceding the effective date of this Compact shall continue to be eligible, if otherwise qualified, to receive such assistance to complete their academic programs for a maximum of four years after the effective date of this Compact. Section 224 The Government of the United States and the Government of Palau may agree from time to time to the extension to Palau of additional United States grant assistance and of United States services and programs as provided by the laws of the United States. Article III Administrative Provisions Section 231 (a) The annual expenditure by the Government of Palau of the grant amounts specified in Article I of this Title shall be in accordance with an official national development plan promulgated by the Government of Palau and concurred in by the Government of the United States prior to the effective date of this Compact. This plan may be amended from time to time by the Government of Palau. (b) The Government of the United States and the Government of Palau recognize that the achievement of the goals of the plan referred to in this Section depends upon the availability of adequate internal revenue as well as economic assistance from sources outside of Palau, including the Government of the United States, and may, in addition, be affected by the impact of exceptional, economically adverse circumstances. The Government of Palau shall therefore report annually to the President of the United States and to the Congress of the United States on the implementation of this plan and on its use of the funds specified in this Article. This report shall outline the achievements of the plan to date and the need, if any, for an additional authorization and appropriation of economic assistance for that year to account for any exceptional, economically adverse circumstances. The availability of such additional economic assistance from the Government of the United States shall be subject to the authorization and appropriation of funds by the Government of the United States. Section 232 The specific nature, extent and contractual arrangements of the services and programs provided for in Section 221 as well as the legal status of agencies of the Government of the United States, their civilian employees and contractors, and the dependents of such personnel while present in Palau, and other arrangements in connection with a service or program furnished by the Government of the United States, are set forth in related agreements which shall come into effect simultaneously with this Compact. Section 233 The Government of the United States, in consultation with the Government of Palau, shall determine and implement procedures for the periodic audit of all grants and other assistance made under this Title. Such audits shall be conducted at no cost to the Government of Palau. Section 234 Title to the property of the Government of the United States situated in the Trust Territory of the Pacific Islands and in Palau or acquired for or used by the Government of the Trust Territory of the Pacific Islands on or before the day preceding the effective date of this Compact shall, without reimbursement or transfer of funds, vest in the Government of Palau as set forth in a separate agreement which shall come into effect simultaneously with this Compact. The provisions of this Section shall not apply to the personal property of the Government of the United States for which the Government of the United States determines a continuing requirement. Section 235 (a) Funds held in trust by the High Commissioner of the Trust Territory of the Pacific Islands, in his official capacity, as of the effective date of this Compact shall remain available as trust funds to their designated beneficiaries. The Government of the United States, in consultation with the Government of Palau, shall appoint a new trustee who shall exercise the functions formerly exercised by the High Commissioner of the Trust Territory of the Pacific Islands. (b) To provide for the continuity of administration, and to assure the Governments [sic] of Palau that the purposes of the laws of the United States are carried out and that the funds of any other trust fund in which the High Commissioner of the Trust Territory of the Pacific Islands has authority of a statutory or customary nature shall remain available as trust funds to their designated beneficiaries, the Government of the United States agrees to assume the authority formerly vested in the High Commissioner of the Trust Territory of the Pacific Islands. Section 236 Except as otherwise provided, approval of this Compact by the Government of the United States shall constitute a pledge of the full faith and credit of the United States for the full payment of the sums and amounts specified in Article I of this Title. The obligation of the Government of the United States under Article I of this Title shall be enforceable in the United States Claims Court [now United States Court of Federal Claims], or its successor court, which shall have jurisdiction in cases arising under this Section, notwithstanding the provisions of 28 U.S.C. 1502 Article IV Trade Section 241 Palau is not included in the customs territory of the United States. Section 242 The President of the United States shall proclaim the following tariff treatment for articles imported from Palau which shall apply during the period of effectiveness of this Title: (a) Unless otherwise excluded, articles imported from Palau, subject to the limitations imposed under sections 503(b) and 504(c) of title 5 of the Trade Act of 1974 ( 19 U.S.C. 2463(b) (b) Only canned tuna provided for in item 112.30 of the Tariff Schedules of the United States that is imported from the Federated States of Micronesia, the Marshall Islands and Palau during any calendar year not to exceed 10 percent of the United States consumption of canned tuna during the immediately preceding calendar year, as reported by the National Marine Fisheries Service, shall be exempt from duty; but the quantity of tuna given duty free treatment under this paragraph for any calendar year shall be counted against the aggregate quantity of canned tuna that is dutiable under rate column numbered 1 of such item 112.30 for that calendar year. (c) The duty-free treatment provided under paragraph (1) shall not apply to: (1) watches, clocks and timing apparatus provided for in sub-part E of part 2 of schedule 7 of the Tariff Schedules of the United States; (2) buttons (whether finished or not finished) provided for in item 745.32 of such Schedules; (3) textile and apparel articles which are subject to textile agreements; and (4) footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of title V of the Trade Act of 1974 ( 19 U.S.C. 2461 April 1, 1984 (d) If the cost or value of materials produced in the customs territory of the United States is included with respect to an eligible article which is a product of Palau, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied for duty assessment purposes toward determining the percentage referred to in section 503(b)(2) of title V of the Trade Act of 1974. Section 243 Articles imported from Palau which are not exempt from any duty under paragraphs (a), (b), (c) and (d) of Section 242 shall be subject to the rates of duty set forth in column numbered 1 of the Tariff Schedules of the United States and all products of the United States imported into Palau shall receive treatment no less favorable than that accorded like products of any foreign country with respect to customs duties or charges of a similar nature and with respect to laws and regulations relating to importation, exportation, taxation, sale, distribution, storage, or use. Article V Finance and Taxation Section 251 The currency of the United States is the official circulating legal tender of Palau. Should the Government of Palau act to institute another currency, the terms of an appropriate currency transitional period shall be as agreed with the Government of the United States. Section 252 The Government of Palau may, with respect to United States persons, tax income derived from sources within its respective jurisdiction, property situated therein, including transfers of such property by gift or at death, and products consumed therein, in such manner as such Government deems appropriate. The determination of the source of any income, or the situs of any property, shall, for purposes of this Compact, be made according to the United States Internal Revenue Code. Section 253 A citizen of Palau, domiciled therein and who is a nonresident and not a citizen of the United States, shall be exempt from estate, gift, and generation-skipping transfer taxes imposed by the Government of the United States. Section 254 (a) In determining any income tax imposed by the Government of Palau, the Government of Palau shall have authority to impose tax upon income derived by a resident of Palau from sources without Palau in the same manner and to the same extent as the Government of Palau imposes tax upon income derived from within its jurisdiction. If the Government of Palau exercises such authority as provided in this subsection, any individual resident of Palau who is subject to tax by the Government of the United States on income which is also taxed by the Government of Palau shall be relieved of liability to the Government of the United States for the tax which, but for this subsection, would otherwise be imposed by the Government of the United States on such income. For purposes of this Section, the term resident of Palau shall be deemed to include any person who was physically present in Palau for a period of 183 or more days during any taxable year. The relief from liability referred to in this subsection means only: (1) relief in the form of the foreign tax credit (or deduction in lieu thereof) available with respect to the income taxes of a possession of the United States, and (2) relief in the form of the exclusion under section 911 of the United States Internal Revenue Code of 1954. (b) If the Government of Palau subjects income to taxation substantially similar to that imposed by the Trust Territory Code in effect on January 1, 1980 Section 255 (a) For purposes of section 936 of the Internal Revenue Code of 1954 Palau shall be treated as if it was a possession of the United States. (b) Subsection (a) of this Section shall not apply to Palau for any period after December 31, 1986 (c) If the tax incentives extended to Palau under subsection (a) of this Section are, at any time during which the Compact is in effect, reduced, the United States Secretary of the Treasury shall negotiate an agreement with the Government of Palau under which, when such agreement is approved by law, Palau will be provided with benefits substantially equivalent to such reduction in benefits. If within the 1-year period after the date of the enactment of the Act making the reduction in benefits, an agreement negotiated under the preceding sentence is not approved by law, the matter shall be submitted to the Arbitration Board established pursuant to Section 424. For purposes of Article V of this Title, the Secretary of the Treasury or his delegate shall be the member of such Board representing the Government of the United States. Any decision of such Board in the matter when approved by law shall be binding on the United States, except that such decision rendered is binding only as to whether the United States has provided the substantially equivalent benefits referred to in this subsection. (d) For purposes of section 274(h)(3)(A) of the Internal Revenue Code of 1954, the term North American area shall include Palau. Section 256 This Article shall apply to income earned, and transactions occurring, after September 30, 1985 TITLE THREE SECURITY AND DEFENSE RELATIONS Article I Authority and Responsibility Section 311 The territorial jurisdiction of the Republic of Palau shall be completely foreclosed to the military forces and personnel or for the military purposes of any nation except the United States of America, and as provided for in Section 312. Section 312 The Government of the United States has full authority and responsibility for security and defense matters in or relating to Palau. Subject to the terms of any agreements negotiated pursuant to Article II of this Title, the Government of the United States may conduct within the lands, water and airspace of Palau the activities and operations necessary for the exercise of its authority and responsibility under this Title. The Government of the United States may invite the armed forces of other nations to use military areas and facilities in Palau in conjunction with and under the control of United States Armed Forces. Section 313 The Government of Palau shall refrain from actions which the Government of the United States determines, after consultation with that Government, to be incompatible with its authority and responsibility for security and defense matters in or relating to Palau. Article II Defense Sites and Operating Rights Section 321 The Government of the United States may establish and use defense sites in Palau, and may designate for this purpose land and water areas and improvements in accordance with the provisions of a separate agreement which shall come into force simultaneously with this Compact. Section 322 (a) When the Government of the United States desires to establish or use such a defense site specifically identified in the separate agreement referred to in Section 321, it shall so inform the Government of Palau which shall make the designated site available to the Government of the United States for the duration and level of use specified. (b) With respect to any site not specifically identified in the separate agreement referred to in Section 321, the Government of the United States shall inform the Government of Palau, which shall make the designated site available to the Government of the United States for the duration and level of use specified, or shall make available one alternative site acceptable to the Government of the United States. If such alternative site is unacceptable to the Government of the United States, the site first designated shall be made available after such determination. (c) Compensation in full for designation, establishment or use of defense sites is provided in Title Two of this Compact. Section 323 The military operating rights of the Government of the United States and the legal status and contractual arrangements of the United States Armed Forces, their members, and associated civilians, while present in Palau, are set forth in related agreements which shall come into effect simultaneously with this Compact. Section 324 In the exercise in Palau of its authority and responsibility under this Title, the Government of the United States shall not use, test, store or dispose of nuclear, toxic chemical, gas or biological weapons intended for use in warfare and the Government of Palau assures the Government of the United States that in carrying out its security and defense responsibilities under this Title, the Government of the United States has the right to operate nuclear capable or nuclear propelled vessels and aircraft within the jurisdiction of Palau without either confirming or denying the presence or absence of such weapons within the jurisdiction of Palau. Article III Defense Treaties and International Security Agreements Section 331 Subject to the terms of this Compact and its related agreements, the Government of the United States, exclusively, shall assume and enjoy, as to Palau, all obligations, responsibilities, rights and benefits of: (a) Any defense treaty or other international security agreement applied by the Government of the United States as administering authority of the Trust Territory of the Pacific Islands as of the day preceding the effective date of this Compact; and (b) Any defense treaty or other international security agreement to which the Government of the United States is or may become a party which it determines to be applicable in Palau. Such a determination by the Government of the United States shall be preceded by appropriate consultation with the Government of Palau. Article IV Service in the Armed Forces of the United States Section 341 Any citizen of Palau entitled to the privileges of Section 141 of this Compact shall be eligible to volunteer for service in the Armed Forces of the United States, but shall not be subject to involuntary induction into military service of the United States so long as such person does not establish habitual residence in the United States, its territories or possessions. Section 342 The Government of the United States shall have enrolled, at any one time, at least one qualified student from Palau as may be nominated by the Government of Palau, in each of: (a) The United States Coast Guard Academy pursuant to 14 U.S.C. 195 14 U.S.C. 1923 (b) The United States Merchant Marine Academy pursuant to [former] 46 U.S.C. [App.] 1295b(b)(6) [see 46 U.S.C. 51304 46 U.S.C. 51304(b)(2) Article V General Provisions Section 351 (a) The Government of the United States and the Government of Palau shall establish a joint committee empowered to consider disputes which may arise under the implementation of this Title and its related agreements. (b) The membership of the joint committee shall comprise selected senior officials of each of the participating Governments. The senior United States military commander in the Pacific area shall be the senior United States member of the joint committee. For the meetings of the joint committee, each of the Governments may designate additional or alternate representatives as appropriate for the subject matter under consideration. (c) Unless otherwise mutually agreed, the joint committee shall meet semi-annually at a time and place to be designated, after appropriate consultation, by the Government of the United States. The joint committee also shall meet promptly upon request of either of its members. Upon notification by the Government of the United States, the joint committee shall meet promptly in combined session with other such joint committees so notified. The joint committee shall follow such procedures, including the establishment of functional subcommittees, as the members may from time to time agree. (d) Unresolved issues in the joint committee shall be referred to the Government of the United States and the Government of Palau for resolution, and the Government of Palau shall be afforded, on an expeditious basis, an opportunity to raise its concerns with the United States Secretary of Defense personally regarding any unresolved issue which threatens its continued association with the Government of the United States. Section 352 In the exercise of its authority and responsibility under this Compact, the Government of the United States shall accord due respect to the authority and responsibility of the Government of Palau under this Compact and to the responsibility of the Government of Palau to assure the well-being of Palau and its people. The Government of the United States and the Government of Palau agree that the authority and responsibility of the United States set forth in this Title are exercised for the mutual security and benefit of Palau and the United States, and that any attack on Palau would constitute a threat to the peace and security of the entire region and a danger to the United States. In the event of such an attack, or threat thereof, the Government of the United States would take action to meet the danger to the United States and Palau in accordance with its constitutional processes. Section 353 (a) The Government of the United States shall not include the Government of Palau as a named party to a formal declaration of war, without the consent of the Government of Palau. (b) Absent such consent, this Compact is without prejudice, on the ground of belligerence or the existence of a state of war, to any claims for damages which are advanced by the citizens, nationals or Government of Palau which arise out of armed conflict subsequent to the effective date of this Compact and which are: (1) petitions to the Government of the United States for redress; or (2) claims in any manner against the government, citizens, nationals or entities of any third country. (c) Petitions under Section 353(b)(1) shall be treated as if they were made by citizens of the United States. TITLE FOUR GENERAL PROVISIONS Article I Approval and Effective Date Section 411 This Compact shall come into effect upon mutual agreement between the Government of the United States, acting in fulfillment of its responsibilities as Administering Authority of the Trust Territory of the Pacific Islands, and the Government of Palau, subsequent to completion of the following: (a) Approval by the Government of Palau in accordance with its constitutional processes; (b) Approval by the people of Palau in a referendum called on this Compact; and (c) Approval by the Government of the United States in accordance with its constitutional processes. Article II Conference and Dispute Resolution Section 421 The Government of the United States and the Government of Palau shall confer promptly at the request of the other on matters relating to the provisions of this Compact or of its related agreements. Section 422 In the event the Government of the United States or the Government of Palau, after conferring pursuant to Section 421, determines that there is a dispute and gives written notice thereof, the Governments shall make a good faith effort to resolve the dispute among themselves. Section 423 If a dispute between the Government of the United States and the Government of Palau cannot be resolved within 90 days of written notification in the manner provided in Section 422, either party to the dispute may refer it to arbitration in accordance with Section 424. Section 424 Should a dispute be referred to arbitration as provided for in Section 423, an arbitration board shall be established for the purpose of hearing the dispute and rendering a decision which shall be binding upon the two parties to the dispute unless the two parties mutually agree that the decision shall be advisory. Arbitration shall occur according to the following terms: (a) An arbitration board shall consist of a chairman and two other members, each of whom shall be a citizen of a party to the dispute and each of the two parties to the dispute shall appoint one member to the arbitration board. If either party to the dispute does not fulfill the appointment requirements of this Section within 30 days of referral of the dispute to arbitration pursuant to Section 423, its member on the arbitration board shall be selected from its own standing list by the other party to the dispute. Each government shall maintain a standing list of 10 candidates. The parties to the dispute shall jointly appoint a chairman within 15 days after selection of the other members of the arbitration board. Failing agreement on a chairman, the chairman shall be chosen by lot from the standing lists of the parties to the dispute within 5 days after such failure. (b) The arbitration board shall have jurisdiction to hear and render its final determination on all disputes arising exclusively under Articles I, II, III, IV, and VI of Title One, Title Two, Title Four and their related agreements. (c) Each member of the arbitration board shall have one vote. Each decision of the arbitration board shall be reached by majority vote. (d) In determining any legal issue, the arbitration board may have reference to international law and, in such reference, shall apply as guidelines the provisions set forth in Article 38 of the Statute of the International Court of Justice. (e) The arbitration board shall adopt such rules for its proceedings as it may deem appropriate and necessary, but such rules shall not contravene the provisions of this Compact. Unless the parties provide otherwise by mutual agreement, the arbitration board shall endeavor to render its decision within 30 days after the conclusion of arguments. The arbitration board shall make findings of fact and conclusions of law and its members may issue dissenting or individual opinions. Except as may be otherwise decided by the arbitration board, one-half of all costs of the arbitration shall be borne by the Government of the United States and the remainder shall be borne by the Government of Palau. Article III Amendment and Review Section 431 The provisions of this Compact may be amended at any time by mutual agreement of the Government of the United States and the Government of Palau in accordance with their respective constitutional processes. Section 432 Upon the fifteenth and thirtieth and fortieth anniversaries of the effective date of this Compact, the Government of the United States and the Government of Palau shall formally review the terms of this Compact and its related agreements and shall consider the overall nature and development of their relationship. In these formal reviews, the governments shall consider the operating requirements of the Government of Palau and its progress in meeting the development objectives set forth in the plan referred to in Section 231(a). The governments commit themselves to take specific measures in relation to the findings of conclusions resulting from the review. Any alteration to the terms of this Compact or its related agreements shall be made by mutual agreement and the terms of this Compact and its related agreements shall remain in force until otherwise amended or terminated pursuant to Title Four of this Compact. Article IV Termination Section 441 This Compact may be terminated by mutual agreement and subject to Section 451. Section 442 This Compact may be terminated by the Government of the United States subject to Section 452, such termination to be effective on the date specified in the notice of termination by the Government of the United States but not earlier than six months following delivery of such notice. The time specified in the notice of termination may be extended. Section 443 This Compact shall be terminated, pursuant to its constitutional processes, by the Government of Palau subject to Section 452 if the people of Palau vote in a plebiscite to terminate. The Government of Palau shall notify the Government of the United States of its intention to call such a plebiscite which shall take place not earlier than three months after delivery of such notice. The plebiscite shall be administered by such government in accordance with its constitutional and legislative processes, but the Government of the United States may send its own observers and invite observers from a mutually agreed party. If a majority of the valid ballots cast in the plebiscite favors termination, such government shall, upon certification of the results of the plebiscite, give notice of termination to the Government of the United States, such termination to be effective on the date specified in such notice but not earlier than three months following the date of delivery of such notice. The time specified in the notice of termination may be extended. Article V Survivability Section 451 Should termination occur pursuant to Section 441, economic assistance by the Government of the United States shall continue on mutually agreed terms. Section 452 Should termination occur pursuant to Section 442 or 443, the following provisions of this Compact shall remain in full force and effect until the fiftieth anniversary of the effective date of this Compact and thereafter as mutually agreed: (a) Article I and Section 233 of Title Two; (b) Title Three; and (c) Articles II, III, V and VI of Title Four. Section 453 Notwithstanding any other provision of this Compact: (a) The provisions of Section 311, even if Title Three should terminate, are binding and shall remain in effect for a period of 50 years and thereafter until terminated or otherwise amended by mutual consent; (b) The related agreements referred to in Article II of Title Three shall remain in effect in accordance with their terms; and (c) The Government of the United States reaffirms its continuing interest in promoting the long-term economic advancement and self-sufficiency of the people of Palau. Section 454 Any provision of this Compact which remains in effect by operation of Section 452 shall be construed and implemented in the same manner as prior to any termination of this Compact pursuant to Section 442 or 443. Article VI Definition of Terms Section 461 For the purpose of this Compact the following terms shall have the following meanings: (a) Trust Territory of the Pacific Islands means the area established in the Trusteeship Agreement consisting of the administrative districts of Kosrae, Yap, Palau, Ponape, the Marshall Islands and Truk as described in Title One, Trust Territory Code, Section 1, in force on January 1, 1979 (b) Trusteeship Agreement means the agreement setting forth the terms of trusteeship for the Trust Territory of the Pacific Islands, approved by the Security Council of the United Nations April 2, 1947 July 18, 1947 July 18, 1947 61 Stat. 3301 (c) Palau is used in a geographic sense and includes the land and water areas to the outer limits of the territorial sea and the air space above such areas as now or hereafter recognized by the Government of the United States consistent with the Compact and its related agreements. (d) Government of Palau means the Government established and organized by the Constitution of Palau including all the political subdivisions and entities comprising that Government. (e) Habitual Residence means a place of general abode or a principal, actual dwelling place of a continuing or lasting nature; provided, however, that this term shall not apply to the residence of any person who entered the United States for the purpose of full time studies as long as such person maintains that status, or who has been physically present in the United States or Palau for less than one year, or who is a dependent of a resident representative, as described in Section 152. (f) For the purposes of Article IV of Title One of this Compact: (1) Actual Residence means physical presence in Palau during eighty-five percent of the period of residency required by Section 141(a)(3); and (2) Certificate of Actual Residence means a certificate issued to a naturalized citizen by the Government which has naturalized him stating that the citizen has complied with the actual residence requirement of Section 141(a)(3). (g) Defense Sites means those land and water areas and improvements thereon in Palau reserved or acquired by the Government of Palau for use by the Government of the United States, as set forth in the related agreements referred to in Section 321. (h) Capital Account means, for each year of the Compact, those portions of the total grant assistance provided in Article I of Title Two, which are to be obligated for: (1) the construction or major repair of capital infrastructure; or (2) public and private sector projects identified in the official overall economic development plan. (i) Current Account means, for each year of the Compact, those portions of the total grant assistance provided in Article I of Title Two, which are to be obligated for recurring operational activities including infrastructure maintenance as identified in the annual budget justifications submitted yearly to the Government of the United States. (j) Official National Development Plan means the documented program of annual development which identifies the specific policy and project activities necessary to achieve a specified set of economic goals and objectives during the period of free association, consistent with the economic assistance authority in Title Two. Such a document should include an analysis of population trends, manpower requirements, social needs, gross national product estimates, resource utilization, infrastructure needs and expenditures, and the specific private sector projects required to develop the local economy of Palau. Project identification should include initial cost estimates, with project purposes related to specific development goals and objectives. (k) Tariff Schedules of the United States means the Tariff Schedules of the United States as amended from time to time and as promulgated pursuant to United States law and includes the Tariff Schedules of the United States Annotated (TSUSA), as amended. (l) Vienna Convention on Diplomatic Relations means the Vienna Convention on Diplomatic Relations, done April 18, 1961 Section 462 The Government of the United States and the Government of Palau shall conclude related agreements which shall come into effect and shall survive in accordance with their terms, and which shall be construed and implemented in a manner consistent with this Compact, as follows: (a) Agreement Regarding the Provision of Telecommunication Services by the Government of the United States to Palau Concluded Pursuant to Section 131 of the Compact of Free Association; (b) Agreement Regarding the Operation of Telecommunication Services of the Government of the United States in Palau, Concluded Pursuant to Section 132 of the Compact of Free Association; (c) Agreement on Extradition, Mutual Assistance in Law Enforcement Matters and Penal Sanctions Concluded Pursuant to Section 175 of the Compact of Free Association; (d) Agreement Regarding United States Economic Assistance to the Government of Palau Concluded Pursuant to Section 211(f) of the Compact of Free Association; (e) Agreement Regarding Construction Projects in Palau Concluded Pursuant to Section 212(a) of the Compact of Free Association; (f) Agreement Regarding Federal Programs and Services, and Concluded Pursuant to Article II of Title Two and Section 232 of the Compact of Free Association; (g) Agreement Regarding Property Turnover, Concluded Pursuant to Section 234 of the Compact of Free Association; (h) Agreement Regarding the Military Use and Operating Rights of the Government of the United States in Palau Concluded Pursuant to Sections 321 and 322 of the Compact of Free Association; and (i) Status of Forces Agreement Concluded Pursuant to Section 323 of the Compact of Free Association. (j) Agreement regarding the Jurisdication [sic] and Sovereignty of the Republic of Palau over its Territory and the Living and Non-living Resources of the Sea. Article VII Concluding Provisions Section 471 (a) The Government of the United States and the Government of Palau agree that they have full authority under their respective constitutions to enter into this Compact and its related agreements and to fulfill all of their respective responsibilities in accordance with the terms of this Compact and its related agreements. The Governments pledge that they are so committed. (b) The Government of the United States and the Government of Palau shall take all necessary steps, of a general or particular character, to ensure, not later than the effective date of this Compact, that their laws, regulations and administrative procedures are such as to effect the commitments referred to in Section 471(a). (c) Without prejudice to the effects of this Compact under international law, this Compact has the force and effect of a statute under the laws of the United States. Section 472 This Compact may be accepted, by signature or otherwise, by the Government of the United States and the Government of Palau. Each government shall possess an original English language version. IN WITNESS THEREOF, the undersigned, duly authorized, have signed this Compact of Free Association which shall come into effect in accordance with its terms between the Government of the United States and the Government of Palau. done at __________, this ___ day of __, one thousand nine hundred eighty-five for the government of the united states of america ____________ done at __________, this ___ day of __, one thousand nine hundred eighty-five for the government of the republic of palau ____________. [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  Proc. No. 6726. Placing Into Full Force and Effect Compact of Free Association With Republic of Palau Proc. No. 6726, Sept. 27, 1994 Since July 18, 1947 On November 3, 1986 48 U.S.C. 1801 On October 21, 1986 November 3, 1986 48 U.S.C. 1901 On January 10, 1986 In Palau the Compact has been approved by the Government in accordance with its constitutional processes and by a United Nations-observed plebiscite on November 9, 1993 Public Law 99658 November 14, 1986 48 U.S.C. 1931 Public Law 101219 December 12, 1989 48 U.S.C. 1951 On May 25, 1994 October 1, 1994 On July 15, 1994 October 1, 1994 As of this day, September 27, 1994 October 1, 1994 NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by the authority vested in me by the Constitution and laws of the United States, including sections 101 and 102 of the Joint Resolution to approve the Compact of Free Association between the United States and the Government of Palau, and for other purposes, approved on November 14, 1986 Public Law 99658 48 U.S.C. 1931 December 12, 1989 Public Law 101219 48 U.S.C. 1951 48 U.S.C. 1801 January 14, 1986 Public Law 99239 48 U.S.C. 1901 Section October 1, 1994 Public Law 94241 Sec October 1, 1994 Sec IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of September, in the year of our Lord nineteen hundred and ninety-four, and of the Independence of the United States of America the two hundred and nineteenth.  William J. Clinton.  1932. Extension of Compact of Free Association to Palau (a) The interpretation of and United States Policy Regarding the Compact of Free Association set forth in section 1904 of this title (b) The provisions of section 1905 of this title section 1906 of this title section 1910 of this title ( Pub. L. 99658, title I,  102 Nov. 14, 1986 100 Stat. 3675  Editorial Notes  References in Text The Compact of Free Association with Palau, referred to in subsec. (a), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658 section 1931 of this title Codification Section was formerly set out as a note under section 1681 of this title  1933. Supplemental provisions (a) Civic Action Teams (1) In recognition of the special development needs of Palau and the Marshall Islands, the United States shall make available United States military Civic Action Teams for use in Palau or the Marshall Islands under terms and conditions mutually agreed upon by the Government of the United States and the Governments of Palau or the Marshall Islands, as appropriate. The Government of Palau may use the amount of $250,000 annually from current account funds provided pursuant to section 211 of the Compact to defray expenditures attendant to the operation of the Civic Action Teams made available pursuant to this subsection. The Government of the Marshall Islands may use the amount of $250,000 annually from current account funds provided under section 211 of Title Two of the Compact of Free Association with the Marshall Islands to defray expenditures attendant to the operation of the Civic Action Teams made available pursuant to this subsection. (2) For expenditures that the Department of Defense makes pursuant to paragraph (1), the Secretary of Defense may accept up to the amount of $250,000 in annual funds from the Government of Palau as specified in paragraph (1). Funds accepted by the Secretary from the Government of Palau under this paragraph shall be credited to and merged with appropriations available to the Department of Defense and shall be used to defray expenditures attendant to the operation of the United States military Civic Action Team in Palau. Funds so credited and merged shall be available for the same time period as the appropriations to which the funds are credited and merged. (b) Inventory and study of natural, historic, and other resources The Secretary of the Interior shall conduct, upon request of Palau, the Federated States of Micronesia or the Marshall Islands, and through the Director of the National Park Service, a comprehensive inventory and study of the most unique and significant natural, historical, cultural, and recreational resources of Palau, the Federated States of Micronesia or the Marshall Islands. Areas or sites exhibiting such qualities shall be described and evaluated with the objective of the preservation of their values and their careful use and appreciation by the public, along with a determination of their potential for attracting tourism. Alternative methodologies for such preservation and use shall be developed for each area or site (including continued assistance from the National Park Service); current or impending damage or threats to the resources of such areas or sites shall be identified and evaluated; and authorities needed to properly protect and allow for public use and appreciation shall be identified and discussed. Such inventory and study shall be conducted in full cooperation and consultation with affected governmental officials and the interested public. A full report on such inventory and study shall be transmitted to Palau or the Federated States of Micronesia or the Marshall Islands, the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate no later than two complete calendar years after November 14, 1986 (c) Omitted (d) Peleliu and Angaur Not later than one year after November 14, 1986 (e) Power generation Neither the Secretary of the Treasury nor any other officer or agent of the United States shall pay or transfer any portion of the sum and amounts payable to the Government of Palau pursuant to this joint resolution to any party other than the Government of Palau, except under the procedures established by the Compact and its related agreements. No funds appropriated pursuant to the Compact, this Act, or any other Act for grants or other assistance to Palau may be used to satisfy any obligation or expense incurred by Palau prior to November 14, 1986 1 1 (f) Reduction of appropriations Amounts appropriated to be paid pursuant to section 177 of Article I of Title One or Articles I and III of Title Two of the Compact of Free Association with the Federated States of Micronesia and the Marshall Islands, as set forth in Title II of the Compact of Free Association Act of 1985, or pursuant to section 103(h), 103(k), or 105(m) of such Act [ 48 U.S.C. 1903(h) Public Law 99239 l 2 2 Public Law 99177 Public Law 99366 Public Law 99177 (g) Understandings, interpretations, and policy statements The Congress reaffirms all of the understandings, interpretations, and policy statements contained in Public Law 99239 99 Stat. 1770 48 U.S.C. 1901 March 26, 1986 February 18, 1986 Public Law 99239 (h) Additional provisions relating to Title Three of Compact (1) The Government of the United States recognizes and respects the scarcity and special importance of land in Palau. In making any designation of land pursuant to section 322 of the Compact, the Government of the United States shall follow the policy of requesting the minimum area necessary to accomplish the required security and defense purpose, of requesting only the minimum interest in real property necessary to support such purpose, and of requesting first to satisfy the requirement through public real property, where available, rather than through private real property. (2) The Armed Forces of other nations invited to use military areas and facilities in Palau pursuant to section 312 of the Compact shall be permitted only as it is incident to the authority and under the control of the United States. The activities of such third country forces shall be subject to the same limitations and restrictions applicable to the authority of the United States under the terms of the Compact. (3) The Government of the United States considers Exclusive use areas established for the United States pursuant to Title Three of the Compact to be within the jurisdiction of Palau, as that term is used in section 324 of the Compact. (i) Availability of appropriations Notwithstanding any other provision of law, funds appropriated for the Compact of Free Association, Public Law 99239 48 U.S.C. 1901 (j) Authority to contract or make payments (1) , (2) Omitted (3) No authority under this subsection to enter into contracts or to make payments shall be effective except to the extent and in such amounts as provided in advance in appropriations Acts. Any provision of this subsection which authorizes the enactment of new budget authority shall be effective only for fiscal years beginning after September 30, 1985 (k) Annual report The Departments of Energy and Interior are directed to provide the Committees on Appropriations of the House and Senate with a report by December 1 of each fiscal year detailing how funds were spent during the previous fiscal year for the special medical care and logistical support program for Rongelap and Utrik and for the agriculture and food programs for Eniwetok and Bikini as referenced in Section 103(h) of Public Law 99239 48 U.S.C. 1903(h) section 103(h) of Public Law 99239 ( Pub. L. 99658, title I,  104 Nov. 14, 1986 100 Stat. 3675 Pub. L. 101219, title I,  105 Dec. 12, 1989 103 Stat. 1871 Pub. L. 110181, div. A, title XII,  1253 Jan. 28, 2008 122 Stat. 402  Editorial Notes  References in Text The Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658 section 1931 of this title The Compact of Free Association with the Marshall Islands and the Compact of Free Association with the Federated States of Micronesia and the Marshall Islands, referred to in subsecs. (a)(1) and (f), respectively, are contained in the Compact of Free Association, which is contained in section 201 of Pub. L. 99239 section 1901 of this title This joint resolution and this Act, referred to in subsecs. (e), (f), and (i), is Pub. L. 99658 Nov. 14, 1986 100 Stat. 3672 section 1934 of this title section 1931 of this title l The Compact of Free Association Act of 1985 and Public Law 99239 Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title Public Law 99177 Pub. L. 99177 Dec. 12, 1985 99 Stat. 1037 Public Law 99366 Pub. L. 99366 July 31, 1986 100 Stat. 773 The Compact of Free Association, referred to in subsecs. (g) and (i), probably means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239 section 1901 of this title Codification Section was formerly set out as a note under section 1681 of this title Section is comprised of section 104 of Pub. L. 99658 section 104 of Pub. L. 99658 section 1905 of this title section 104 of Pub. L. 99658 Amendments 2008Subsec. (a). Pub. L. 110181 1989Subsec. (e). Pub. L. 101219 Statutory Notes and Related Subsidiaries  Change of Name Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress, Jan. 5, 1993  1934. Jurisdiction (a) Maritime and territorial jurisdiction With respect to section 321 of the Compact of Free Association and its related agreements, the jurisdictional provisions set forth in subsection (b) of this section shall apply only to the citizens and nationals of the United States and aliens lawfully admitted to the United States for permanent residence who are in Palau. (b) Defense sites The defense sites of the United States established in Palau in accordance with the Compact of Free Association and its related agreements are within the special maritime and territorial jurisdiction of the United States as set forth in section 7, title 18. (c) Offenses (1) Any person referred to in subsection (a) of this section who within or upon such defense sites is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the territory of Guam by the laws thereof, in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. (2) The District Court of Guam shall have jurisdiction to try all criminal offenses against the United States, including the laws of Guam made applicable to the defense sites in Palau by virtue of subsection (c)(1) of this section, committed by any person referred to in subsection (a) of this section. (3) The District Court of Guam may appoint one or more magistrate judges for the defense sites in Palau. Such Magistrate Judges shall have the power and the status of Magistrate Judges appointed pursuant to chapter 43, title 28: Provided however, That such Magistrate Judges shall have the power to try persons accused of, and sentence persons convicted of, petty offenses, as defined in section 1(3), 1 1 ( Pub. L. 99658, title II,  202 Nov. 14, 1986 100 Stat. 3704 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Editorial Notes  References in Text The Compact of Free Association, referred to in subsecs. (a) and (b), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658 section 1931 of this title Section 1 of title 18 Pub. L. 98473, title II,  218(a)(1) Oct. 12, 1984 98 Stat. 2027 Codification Section was formerly set out as a note under section 1681 of this title Section was enacted as part of title II of Pub. L. 99658 Pub. L. 99658 Statutory Notes and Related Subsidiaries  Change of Name Words magistrate judges and Magistrate Judges substituted for magistrates and Magistrates, respectively, wherever appearing in subsec. (c)(3) pursuant to section 321 of Pub. L. 101650 section 631 of Title 28 Part B Implementation of Compact  1951. Entry into force of Compact Notwithstanding the provisions of Section 101(d)(1)(B) of Public Law 99658 48 U.S.C. 1931(d)(1)(B) Public Law 99658 section 101 of Public Law 99658 100 Stat. 3673 48 U.S.C. 1931(a) (1) subject to the condition that the Compact, as approved by the Congress in Public Law 99658 (2) upon expiration of 30 days, in which either the House of Representatives or the Senate of the United States is in session, after the President notifies the Committees on Interior and Insular Affairs and Foreign Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate of the effective date of the Compact. ( Pub. L. 101219, title I,  101 Dec. 12, 1989 103 Stat. 1870  Editorial Notes  References in Text Public Law 99658 Pub. L. 99658 Nov. 14, 1986 100 Stat. 3672 Pub. L. 99658 section 1934 of this title section 1931 of this title The Compact of Free Association between the United States and Palau, referred to in text, is contained in section 201 of Pub. L. 99658 section 1931 of this title This joint resolution, referred to in text, is Pub. L. 101219 Dec. 12, 1989 103 Stat. 1870 section 10251 of Title 34 section 1905 of Title 44 For Oct. 1, 1994 Sept. 27, 1994 section 1931 of this title Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries  Change of Name Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress, Jan. 5, 1993  1952. Fiscal procedures assistance  Upon request of the Government of Palau, the Secretary of the Interior shall provide assistance to the Government of Palau to develop and promulgate regulations for the effective expenditure of funds received pursuant to this joint resolution, Public Laws 99658 [ 48 U.S.C. 1931 48 U.S.C. 1901 ( Pub. L. 101219, title I,  102 Dec. 12, 1989 103 Stat. 1870  Editorial Notes  References in Text This joint resolution, referred to in text, is Pub. L. 101219 Dec. 12, 1989 103 Stat. 1870 section 10251 of Title 34 section 1905 of Title 44 Public Law 99658 Pub. L. 99658 Nov. 14, 1986 100 Stat. 3672 Public Law 99239 Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title Codification Section was formerly set out as a note under section 1681 of this title  1953. Antidrug program (a) Plan The Department of the Interior shall develop, in cooperation with the Government of Palau and the National Drug Control Policy Office, a plan for an antidrug program in Palau. The plan shall be submitted to the Committees on Interior and Insular Affairs, Foreign Affairs, and Appropriations of the House of Representatives and the Committees on Energy and Natural Resources and Appropriations of the Senate by April 1, 1990 (b) Agreement Following completion of the plan, the President and the Government of Palau shall negotiate an agreement to facilitate implementation of the plan. Such agreement may include (1) that the Government of Palau may request, on a long-term or case-by-case basis, that the officers of United States law enforcement agencies may conduct investigations consistent with implementation of the plan in cooperation with the law enforcement agencies of the Government of Palau; (2) that the Government of Palau or the Government of the United States may agree to provide specific resources, on a one-time or a multiyear basis, to strengthen the antidrug program; and (3) a specific description of the technical assistance, training, and equipment to be provided to Palau by the United States necessary to implement the plan. ( Pub. L. 101219, title I,  103 Dec. 12, 1989 103 Stat. 1870  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries  Change of Name Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress, Jan. 5, 1993  1954. Public auditor and special prosecutor (a)  1 1 (1) an auditor or accountant, as determined by the public auditor, for the office of public auditor; and (2) an attorney or investigator, as determined by the special prosecutor, for the office of special prosecutor. ( Pub. L. 101219, title I,  104 Dec. 12, 1989 103 Stat. 1871  Editorial Notes  References in Text For Oct. 1, 1994 Sept. 27, 1994 section 1931 of this title Codification Section was formerly set out as a note under section 1681 of this title  1955. Audit certification  The chief officer of any agency conducting an audit pursuant to paragraph (1) of sections 1902(c) and 1903(m) of this title and section 1931(d)(1)(C) of this title ( Pub. L. 101219, title I,  106 Dec. 12, 1989 103 Stat. 1871  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title  1956. Acquisition of defense sites The provisions of title III of the Compact relating to future use by the United States of defense sites in Palau do not restrict the authority of the President of the United States to (1) request additional funding, subject to appropriation, related to the use of privately owned land in Palau pursuant to article II of title III of the Compact as may be appropriate in light of actual land use requirements, independent appraisals of such privately owned land accepted by both governments, and other appropriate documentation of actual land use costs; and (2) consent to an extension of the time set forth in a subsidiary agreement to such article in which the Government of Palau is required to make such land available to the United States. ( Pub. L. 101219, title I,  107 Dec. 12, 1989 103 Stat. 1872  Editorial Notes  References in Text The Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658 section 1931 of this title Codification Section was formerly set out as a note under section 1681 of this title  1957. Federal programs coordination personnel  The Secretary of the Interior shall station at least one professional staff person in each of the Offices of the United States Representatives in the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands to provide Federal program coordination and technical assistance to such governments as authorized under Public Laws 99239 [ 48 U.S.C. 1901 48 U.S.C. 1931 ( Pub. L. 101219, title I,  108 Dec. 12, 1989 103 Stat. 1872  Editorial Notes  References in Text Public Law 99239 Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title Public Law 99658 Pub. L. 99658 Nov. 14, 1986 100 Stat. 3672 Codification Section was formerly set out as a note under section 1681 of this title  1958. Referendum costs  The Secretary of the Interior shall provide such sums as may be necessary for a further referendum on approval of the Compact, if one is required, or other appropriate costs associated with the approval process in Palau. ( Pub. L. 101219, title I,  109 Dec. 12, 1989 103 Stat. 1872  Editorial Notes  References in Text The Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658 section 1931 of this title Codification Section was formerly set out as a note under section 1681 of this title  1959. Agreements (a) Effective date of certain agreements An agreement between the United States and the Government of the Republic of Palau consistent with the agreements approved by Public Law 10162 1 1 (b) Extensions The provisions of article IX, paragraph 5(a) of the Agreement referred to in section 462(e) of the Compact of Free Association as approved by Public Law 99239 Public Law 99658 October 1, 1998 (c) Authorization Funding to implement the provisions of this part, and for assistance to the central health care facility and the prison in Palau, and the offices of Public Auditor and Special Prosecutor as proposed in the agreement entitled Agreement Concerning Special Programs related to the Entry into Force of the Compact of Free Association Between the Government of the United States and the Government of the Republic of Palau signed on May 26, 1989 section 105(c) of Public Law 99239 48 U.S.C. 1905(c) section 102(b) of Public Law 99658 48 U.S.C. 1932(b) ( Pub. L. 101219, title I,  110 Dec. 12, 1989 103 Stat. 1872  Editorial Notes  References in Text Public Law 10162 Pub. L. 10162 July 26, 1989 103 Stat. 162 section 1901 of this title The Compact of Free Association as approved by Public Law 99239 section 201 of Pub. L. 99239 section 1901 of this title The Compact of Free Association for Palau as approved by Public Law 99658 section 201 of Pub. L. 99658 section 1931 of this title Public Law 99239 Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title Public Law 99658 Pub. L. 99658 Nov. 14, 1986 100 Stat. 3672 This part, referred to in subsec. (c), was in the original this title, meaning title I of Pub. L. 101219 Dec. 12, 1989 103 Stat. 1870 section 1933 of this title Codification Section was formerly set out as a note under section 1681 of this title  1960. Modification of energy assistance funding (a) Fulfillment of United States obligations The President is authorized to negotiate and conclude an agreement, including the obligation of United States funds, with the Government of Palau which shall provide the following: (1) The sum of $28,000,000, adjusted by section 215 of the Compact at the time of its availability to Palau, shall be provided to Palau pursuant to section 211(b) of the Compact and upon entry into force of the Compact. (2) Palau shall pay to the United States, on or before the 15th anniversary of the effective date of the Compact, an amount equal to the net economic cost to the United States of making available the section 211(b) funds in the manner specified in this subsection rather than as provided in section 211(b). (3) Such economic cost shall reflect the time value of money and be determined using the rate determined for an equivalent loan by the Federal Financing Bank as of the date these funds are advanced, and using an inflation rate consistent with the determinations made under the provisions of section 215 of the Compact. (4) If the Government of Palau has not paid such net economic costs to the United States by the 15th anniversary of the effective date of the Compact, then the United States shall be automatically paid such sums from the fund established under section 211(f) of the Compact. (5) The provision of section 211(b) funds, as appropriated by Public Law 99349 (b) Adjustment and payment Subject to the provisions of subsection (a) and upon the request of the Government of Palau, the sum of $28 million appropriated by Public Law 99349 Public Law 99658 (c) Availability of appropriation account Funding provided in Public Law 101121 ( Pub. L. 101219, title I,  111 Dec. 12, 1989 103 Stat. 1873  Editorial Notes  References in Text The Compact, referred to in subsecs. (a) and (b), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658 section 1931 of this title For Oct. 1, 1994 Sept. 27, 1994 section 1931 of this title Public Law 99349 Pub. L. 99349 July 2, 1986 100 Stat. 710 Public Law 99658 Pub. L. 99658 Nov. 14, 1986 100 Stat. 3672 Public Law 101121 Pub. L. 101121 Oct. 23, 1989 103 Stat. 701 103 Stat. 717 Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries Palau Road Maintenance Pub. L. 110229, title VIII,  808 May 8, 2008 122 Stat. 874  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 101219 48 U.S.C. 1960 (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 (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.  1961. Submission of agreements  Any agreement concluded with the Government of Palau pursuant to this joint resolution including the agreement entitled Agreement Concerning Special Programs related to the Entry into Force of the Compact of Free Association Between the Government of the United States and the Government of the Republic of Palau signed on May 26, 1989 ( Pub. L. 101219, title I,  112 Dec. 12, 1989 103 Stat. 1873  Editorial Notes  References in Text This joint resolution, referred to in text, is Pub. L. 101219 Dec. 12, 1989 103 Stat. 1870 section 10251 of Title 34 section 1905 of Title 44 The Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658 section 1931 of this title Codification Section was formerly set out as a note under section 1681 of this title  1962. Transition funding  For the purposes of applying section 1905(c)(2) of this title section 104(c) of Public Law 99658 ( Pub. L. 101219, title I,  113 Dec. 12, 1989 103 Stat. 1873  Editorial Notes  References in Text Section 104(c) of Public Law 99658 section 104(c) of Pub. L. 99658 Nov. 14, 1986 100 Stat. 3676 section 1905 of this title For Oct. 1, 1994 Sept. 27, 1994 section 1931 of this title Codification Section was formerly set out as a note under section 1681 of this title SUBCHAPTER III MISCELLANEOUS PROVISIONS  1971. Transfer of surplus personal property owned by United States (a) Transfer to Northern Mariana Islands, Palau, Marshall Islands, and Federated States of Micronesia Notwithstanding any other provision of law, subject to valid existing rights, and subject to subsection (b) of this section, all right, title, and interest of the Government of the United States in personal property situated in the Trust Territory of the Pacific Islands and of the government of the Trust Territory of the Pacific Islands in personal property wherever located shall be transferred, without reimbursement, by a date not later than ninety days following termination of the trusteeship agreement governing the administration of the Trust Territory of the Pacific Islands, to the government of the Northern Mariana Islands, Palau, the Marshall Islands, or the Federated States of Micronesia according to a list of distribution established by the High Commissioner of the Trust Territory of the Pacific Islands in consultation with the recipient government. (b) Declaration that property is surplus Personal property referred to in subsection (a) of this section shall be transferred upon declaration by the High Commissioner of the Trust Territory of the Pacific Islands that such property is surplus to the needs of the government of the Trust Territory of the Pacific Islands, which declaration shall be approved, if applicable, by the head of the agency of the Government of the United States having administrative responsibility for the property. (c) Property held in trust If no government exists in Palau on December 24, 1980 ( Pub. L. 96597, title IV,  402 Dec. 24, 1980 94 Stat. 3478 Pub. L. 97357, title II,  201 Oct. 19, 1982 96 Stat. 1706  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title Amendments 1982Subsec. (a). Pub. L. 97357 October 1, 1982 Executive Documents  Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title  1972. Controlled substances in freely associated states (a) In general The President is authorized to negotiate agreements which provide (1) that the United States shall carry out the provisions of part C of the Controlled Substances Act ( 21 U.S.C. 821 (2) that a freely associated state which institutes and maintains a voluntary system to report annual estimates of narcotics needs to the International Narcotics Control Board, and which imposes controls on imports of narcotic drugs consistent with the Single Convention on Narcotic Drugs, 1961, shall be eligible for exports of narcotic drugs from the United States in the same manner as a country meeting the requirements of subsection (a) of section 953 1 1 (b) Effective date Agreements concluded pursuant to this section shall become effective pursuant to section 1901(f)(5) of this title section 1931(d)(5) of this title ( Pub. L. 101219, title II,  201 Dec. 12, 1989 103 Stat. 1874  Editorial Notes  References in Text The Controlled Substances Act, referred to in subsec. (a)(1), is title II of Pub. L. 91513 Oct. 27, 1970 84 Stat. 1242 section 801 of Title 21 Section 953 of title 21 section 1003 of title III of Pub. L. 91513 Codification Section was formerly set out as a note under section 1681 of this title  1973. Freely Associated State Air Carrier (a) In furtherance of the objectives of the Compact of Free Association Act of 1985 ( Public Law 99239 48 U.S.C. 1901 (b) The term Freely Associated State Air Carrier shall apply exclusively to a carrier referred to in Article IX(5)(b) of the Federal Programs and Services Agreement concluded pursuant to Article II of Title Two and Section 232 of the Compact of Free Association. ( Pub. L. 102247, title III,  303 Feb. 24, 1992 106 Stat. 39  Editorial Notes  References in Text The Compact of Free Association Act of 1985, referred to in subsec. (a), is Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of this title The Compact of Free Association, referred to in subsec. (b), probably means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239 section 1901 of this title Codification Section was formerly set out as a note under section 1681 of this title CHAPTER 19 PACIFIC POLICY REPORTS    Sec.  2001. Findings.  2002. Reports.  2003. Conference.  2004. Administrative matters.  2001. Findings The Congress finds that (1) the United States does not have a clearly defined policy for United States noncontiguous Pacific areas (including the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the State of Hawaii, and the State of Alaska) and for United States-associated noncontiguous Pacific areas (including the Federated States of Micronesia, the Marshall Islands, and Palau); (2) the Federal Government has often failed to consider the implications for, effects on, and potential of noncontiguous Pacific areas in the formulation and conduct of foreign and domestic policy, to the detriment of both the attainment of the objectives of Federal policy and noncontiguous Pacific areas; (3) policies and programs designed for the United States as a whole may impose inappropriate standards on noncontiguous Pacific areas because of their unique circumstances and needs; and (4) the present Federal organizational arrangements for liaison with (and providing assistance to) the insular areas may not be adequate (A) to coordinate the delivery of Federal programs and services to noncontiguous Pacific areas; (B) to provide a consistent basis for administration of programs; (C) to adapt policy to the special requirements of each area and modify the application of Federal programs, laws, and regulations accordingly; (D) to be responsive to the Congress in the discharge of its responsibilities; and (E) to attain the international obligations of the United States. ( Pub. L. 99239, title III,  301 Jan. 14, 1986 99 Stat. 1836  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title  2002. Reports (a) Submission Not later than one year after January 14, 1986 (b) Contents The reports required in subsection (a) of this section shall set forth clearly defined policies regarding United States, and United States associated, noncontiguous Pacific areas, including (1) the role of and impacts on the noncontiguous Pacific areas in the formulation and conduct of foreign policy; (2) the applicability of standards contained in Federal laws, regulations, and programs to the noncontiguous Pacific areas and any modifications which may be necessary to achieve the intent of such laws, regulations, and programs consistent with the unique character of the noncontiguous Pacific areas; (3) the effectiveness of the Federal executive organizational arrangements for (A) providing liaison between the Federal Government and the governments of the noncontiguous Pacific areas; (B) coordinating Federal actions in a manner which recognizes the unique circumstances and needs of the noncontiguous Pacific areas; and (C) achieving the objective of Federal policy and ensuring that the Congress receives the information necessary to discharge its responsibilities; and (4) actions which may be needed to facilitate the economic and social health and development of the noncontiguous Pacific areas, consistent with their self-determined objectives. ( Pub. L. 99239, title III,  302 Jan. 14, 1986 99 Stat. 1837  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  2003. Conference (a) Meeting Prior to submitting the reports required under section 2002(b) of this title (b) Participants Representatives of each of the noncontiguous Pacific areas; and the heads of all executive departments and agencies, and other public and private organizations concerned with the noncontiguous Pacific areas as requested by the Secretary of the Interior shall be entitled to be participants in the conference. (c) Written comments The Secretary of the Interior shall afford participants in the conference an opportunity to submit written comments for inclusion in the reports required under section 2002 of this title ( Pub. L. 99239, title III,  303 Jan. 14, 1986 99 Stat. 1837  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title  2004. Administrative matters (a) Administrative support The Secretary of the Interior shall provide all necessary administrative support to accomplish the requirements of sections 2002 and 2003 of this title. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. ( Pub. L. 99239, title III,  304 Jan. 14, 1986 99 Stat. 1837  Editorial Notes Codification Section was formerly set out as a note under section 1681 of this title CHAPTER 20 PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY    Sec.  2101. Effective date.  2102. Severability.  2103. Supremacy.  2104. Definitions.  2105. Placement.  2106. Compliance with Federal laws.  SUBCHAPTER IESTABLISHMENT AND ORGANIZATION OF OVERSIGHT BOARD  2121. Financial Oversight and Management Board.  2122. Location of Oversight Board.  2123. Executive Director and staff of Oversight Board.  2124. Powers of Oversight Board.  2125. Exemption from liability for claims.  2126. Treatment of actions arising from chapter.  2127. Budget and funding for operation of Oversight Board.  2128. Autonomy of Oversight Board.  2129. Ethics.  SUBCHAPTER IIRESPONSIBILITIES OF OVERSIGHT BOARD  2141. Approval of Fiscal Plans.  2142. Approval of Budgets.  2143. Effect of finding of noncompliance with Budget.  2144. Review of activities to ensure compliance with Fiscal Plan.  2145. Recommendations on financial stability and management responsibility.  2146. Oversight Board duties related to restructuring.  2147. Oversight Board authority related to debt issuance.  2148. Required reports.  2149. Termination of Oversight Board.  2150. No full faith and credit of the United States.  2151. Analysis of pensions.  2152. Intervention in litigation.  SUBCHAPTER IIIADJUSTMENTS OF DEBTS  2161. Applicability of other laws; definitions.  2162. Who may be a debtor.  2163. Reservation of territorial power to control territory and territorial instrumentalities.  2164. Petition and proceedings relating to petition.  2165. Limitation on jurisdiction and powers of court.  2166. Jurisdiction.  2167. Venue.  2168. Selection of presiding judge.  2169. Abstention.  2170. Applicable rules of procedure.  2171. Leases.  2172. Filing of plan of adjustment.  2173. Modification of plan.  2174. Confirmation.  2175. Role and capacity of Oversight Board.  2176. Compensation of professionals.  2177. Interim compensation.  2178. Disclosure by professional persons seeking approval of compensation under section 2176 or 2177 of this title.  SUBCHAPTER IVMISCELLANEOUS PROVISIONS  2191. Rules of construction.  2192. Right of Puerto Rico to determine its future political status.  2193. Application of regulation to Puerto Rico.  2194. Automatic stay upon enactment.  2195. Protection from inter-debtor transfers.  2196. Congressional Task Force on Economic Growth in Puerto Rico.  2197. Report.  2198. Report on territorial debt.  2199. Expansion of HUBZones in Puerto Rico.  2200. Determination on debt.  SUBCHAPTER VPUERTO RICO INFRASTRUCTURE REVITALIZATION  2211. Definitions.  2212. Position of Revitalization Coordinator.  2213. Critical Projects.  2214. Miscellaneous provisions.  2215. Federal agency requirements.  2216. Judicial review.  2217. Savings clause.  SUBCHAPTER VICREDITOR COLLECTIVE ACTION  2231. Creditor collective action.  2232. Applicable law.  SUBCHAPTER VIISENSE OF CONGRESS REGARDING PERMANENT, PRO-GROWTH FISCAL REFORMS  2241. Sense of Congress regarding permanent, pro-growth fiscal reforms.  2101. Effective date (a) In general Except as provided in subsection (b), this chapter shall take effect on June 30, 2016 (b) Subchapter III and Subchapter VI (1) Subchapter III shall apply with respect to cases commenced under subchapter III on or after June 30, 2016 (2) Subchapters III and VI shall apply with respect to debts, claims, and liens (as such terms are defined in section 101 of title 11 ( Pub. L. 114187,  2 June 30, 2016 130 Stat. 550  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 Statutory Notes and Related Subsidiaries Short Title of 2022 Amendment Pub. L. 11782,  1 Jan. 20, 2022 136 Stat. 3 This Act [enacting section 2178 of this title Short Title Pub. L. 114187,  1(a) June 30, 2016 130 Stat. 549 This Act [enacting this chapter, amending sections 1469e and 1492a of this title, sections 632 and 644 of Title 15, Commerce and Trade, and section 206 of Title 29 section 632 of Title 15  2102. Severability (a) In general Except as provided in subsection (b), if any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby, provided that subchapter III is not severable from subchapters I and II, and subchapters I and II are not severable from subchapter III. (b) Uniformity If a court holds invalid any provision of this chapter or the application thereof on the ground that the provision fails to treat similarly situated territories uniformly, then the court shall, in granting a remedy, order that the provision of this chapter or the application thereof be extended to any other similarly situated territory, provided that the legislature of that territory adopts a resolution signed by the territorys governor requesting the establishment and organization of a Financial Oversight and Management Board pursuant to section 2121 of this title ( Pub. L. 114187,  3 June 30, 2016 130 Stat. 550  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2103. Supremacy  The provisions of this chapter shall prevail over any general or specific provisions of territory law, State law, or regulation that is inconsistent with this chapter. ( Pub. L. 114187,  4 June 30, 2016 130 Stat. 551  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2104. Definitions In this chapter (1) Agreed accounting standards The term agreed accounting standards means modified accrual accounting standards or, for any period during which the Oversight Board determines in its sole discretion that a territorial government is not reasonably capable of comprehensive reporting that complies with modified accrual accounting standards, such other accounting standards as proposed by the Oversight Board. (2) Bond The term Bond means a bond, loan, letter of credit, other borrowing title, obligation of insurance, or other financial indebtedness for borrowed money, including rights, entitlements, or obligations whether such rights, entitlements, or obligations arise from contract, statute, or any other source of law, in any case, related to such a bond, loan, letter of credit, other borrowing title, obligation of insurance, or other financial indebtedness in physical or dematerialized form of which the issuer, obligor, or guarantor is the territorial government. (3) Bond Claim The term Bond Claim means, as it relates to a Bond (A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (B) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured. (4) Budget The term Budget means the Territory Budget or an Instrumentality Budget, as applicable. (5) Puerto Rico The term Puerto Rico means the Commonwealth of Puerto Rico. (6) Compliant budget The term compliant budget means a budget that is prepared in accordance with (A) agreed accounting standards; and (B) the applicable Fiscal Plan. (7) Covered territorial instrumentality The term covered territorial instrumentality means a territorial instrumentality designated by the Oversight Board pursuant to section 2121 of this title (8) Covered territory The term covered territory means a territory for which an Oversight Board has been established under section 2121 of this title (9) Executive Director The term Executive Director means an Executive Director appointed under section 2123(a) of this title (10) Fiscal Plan The term Fiscal Plan means a Territory Fiscal Plan or an Instrumentality Fiscal Plan, as applicable. (11) Government of Puerto Rico The term Government of Puerto Rico means the Commonwealth of Puerto Rico, including all its territorial instrumentalities. (12) Governor The term Governor means the chief executive of a covered territory. (13) Instrumentality Budget The term Instrumentality Budget means a budget for a covered territorial instrumentality, designated by the Oversight Board in accordance with section 2121 of this title section 2142 of this title (14) Instrumentality Fiscal Plan The term Instrumentality Fiscal Plan means a fiscal plan for a covered territorial instrumentality, designated by the Oversight Board in accordance with section 2121 of this title section 2141 of this title (15) Legislature The term Legislature means the legislative body responsible for enacting the laws of a covered territory. (16) Modified accrual accounting standards The term modified accrual accounting standards means recognizing revenues as they become available and measurable and recognizing expenditures when liabilities are incurred, in each case as defined by the Governmental Accounting Standards Board, in accordance with generally accepted accounting principles. (17) Oversight Board The term Oversight Board means a Financial Oversight and Management Board established in accordance with section 2121 of this title (18) Territorial government The term territorial government means the government of a covered territory, including all covered territorial instrumentalities. (19) Territorial instrumentality (A) In general The term territorial instrumentality means any political subdivision, public agency, instrumentalityincluding any instrumentality that is also a bankor public corporation of a territory, and this term should be broadly construed to effectuate the purposes of this chapter. (B) Exclusion The term territorial instrumentality does not include an Oversight Board. (20) Territory The term territory means (A) Puerto Rico; (B) Guam; (C) American Samoa; (D) the Commonwealth of the Northern Mariana Islands; or (E) the United States Virgin Islands. (21) Territory Budget The term Territory Budget means a budget for a territorial government submitted, approved, and certified in accordance with section 2142 of this title (22) Territory Fiscal Plan The term Territory Fiscal Plan means a fiscal plan for a territorial government submitted, approved, and certified in accordance with section 2141 of this title ( Pub. L. 114187,  5 June 30, 2016 130 Stat. 551  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2105. Placement  The Law Revision Counsel is directed to place this Act as chapter 20 of title 48. ( Pub. L. 114187,  6 June 30, 2016 130 Stat. 553  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2106. Compliance with Federal laws  Except as otherwise provided in this chapter, nothing in this chapter shall be construed as impairing or in any manner relieving a territorial government, or any territorial instrumentality thereof, from compliance with Federal laws or requirements or territorial laws and requirements implementing a federally authorized or federally delegated program protecting the health, safety, and environment of persons in such territory. ( Pub. L. 114187,  7 June 30, 2016 130 Stat. 553  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title SUBCHAPTER I ESTABLISHMENT AND ORGANIZATION OF OVERSIGHT BOARD  2121. Financial Oversight and Management Board (a) Purpose The purpose of the Oversight Board is to provide a method for a covered territory to achieve fiscal responsibility and access to the capital markets. (b) Establishment (1) Puerto Rico A Financial Oversight and Management Board is hereby established for Puerto Rico. (2) Constitutional basis The Congress enacts this chapter pursuant to article IV, section 3 of the Constitution of the United States, which provides Congress the power to dispose of and make all needful rules and regulations for territories. (c) Treatment An Oversight Board established under this section (1) shall be created as an entity within the territorial government for which it is established in accordance with this subchapter; and (2) shall not be considered to be a department, agency, establishment, or instrumentality of the Federal Government. (d) Oversight of territorial instrumentalities (1) Designation (A) In general An Oversight Board, in its sole discretion at such time as the Oversight Board determines to be appropriate, may designate any territorial instrumentality as a covered territorial instrumentality that is subject to the requirements of this chapter. (B) Budgets and reports The Oversight Board may require, in its sole discretion, the Governor to submit to the Oversight Board such budgets and monthly or quarterly reports regarding a covered territorial instrumentality as the Oversight Board determines to be necessary and may designate any covered territorial instrumentality to be included in the Territory Budget; except that the Oversight Board may not designate a covered territorial instrumentality to be included in the Territory Budget if applicable territory law does not require legislative approval of such covered territorial instrumentalitys budget. (C) Separate Instrumentality Budgets and reports The Oversight Board in its sole discretion may or, if it requires a budget from a covered territorial instrumentality whose budget does not require legislative approval under applicable territory law, shall designate a covered territorial instrumentality to be the subject of an Instrumentality Budget separate from the applicable Territory Budget and require that the Governor develop such an Instrumentality Budget. (D) Inclusion in Territory Fiscal Plan The Oversight Board may require, in its sole discretion, the Governor to include a covered territorial instrumentality in the applicable Territory Fiscal Plan. Any covered territorial instrumentality submitting a separate Instrumentality Fiscal Plan must also submit a separate Instrumentality Budget. (E) Separate Instrumentality Fiscal Plans The Oversight Board may designate, in its sole discretion, a covered territorial instrumentality to be the subject of an Instrumentality Fiscal Plan separate from the applicable Territory Fiscal Plan and require that the Governor develop such an Instrumentality Fiscal Plan. Any covered territorial instrumentality submitting a separate Instrumentality Fiscal Plan shall also submit a separate Instrumentality Budget. (2) Exclusion (A) In general An Oversight Board, in its sole discretion, at such time as the Oversight Board determines to be appropriate, may exclude any territorial instrumentality from the requirements of this chapter. (B) Treatment A territorial instrumentality excluded pursuant to this paragraph shall not be considered to be a covered territorial instrumentality. (e) Membership (1) In general (A) The Oversight Board shall consist of seven members appointed by the President who meet the qualifications described in subsection (f) and section 2129(a) of this title (B) The Board shall be comprised of one Category A member, one Category B member, two Category C members, one Category D member, one Category E member, and one Category F member. (2) Appointed members (A) The President shall appoint the individual members of the Oversight Board, of which (i) the Category A member should be selected from a list of individuals submitted by the Speaker of the House of Representatives; (ii) the Category B member should be selected from a separate, non-overlapping list of individuals submitted by the Speaker of the House of Representatives; (iii) the Category C members should be selected from a list submitted by the Majority Leader of the Senate; (iv) the Category D member should be selected from a list submitted by the Minority Leader of the House of Representatives; (v) the Category E member should be selected from a list submitted by the Minority Leader of the Senate; and (vi) the Category F member may be selected in the Presidents sole discretion. (B) After the Presidents selection of the Category F Board member, for purposes of subparagraph (A) and within a timely manner (i) the Speaker of the House of Representatives shall submit two non-overlapping lists of at least three individuals to the President; one list shall include three individuals who maintain a primary residence in the territory or have a primary place of business in the territory; (ii) the Senate Majority Leader shall submit a list of at least four individuals to the President; (iii) the Minority Leader of the House of Representatives shall submit a list of at least three individuals to the President; and (iv) the Minority Leader of the Senate shall submit a list of at least three individuals to the President. (C) If the President does not select any of the names submitted under subparagraphs (A) and (B), then whoever submitted such list may supplement the lists provided in this subsection with additional names. (D) The Category A member shall maintain a primary residence in the territory or have a primary place of business in the territory. (E) With respect to the appointment of a Board member in Category A, B, C, D, or E, such an appointment shall be by and with the advice and consent of the Senate, unless the President appoints an individual from a list, as provided in this subsection, in which case no Senate confirmation is required. (F) In the event of a vacancy of a Category A, B, C, D, or E Board seat, the corresponding congressional leader referenced in subparagraph (A) shall submit a list pursuant to this subsection within a timely manner of the Board members resignation or removal becoming effective. (G) With respect to an Oversight Board for Puerto Rico, in the event any of the 7 members have not been appointed by September 1, 2016 September 15, 2016 section 2129 of this title (3) Ex officio member The Governor, or the Governors designee, shall be an ex officio member of the Oversight Board without voting rights. (4) Chair The voting members of the Oversight Board shall designate one of the voting members of the Oversight Board as the Chair of the Oversight Board (referred to hereafter in this chapter as the Chair) within 30 days of the full appointment of the Oversight Board. (5) Term of service (A) In general Each appointed member of the Oversight Board shall be appointed for a term of 3 years. (B) Removal The President may remove any member of the Oversight Board only for cause. (C) Continuation of service until successor appointed Upon the expiration of a term of office, a member of the Oversight Board may continue to serve until a successor has been appointed. (D) Reappointment An individual may serve consecutive terms as an appointed member, provided that such reappointment occurs in compliance with paragraph (6). (6) Vacancies A vacancy on the Oversight Board shall be filled in the same manner in which the original member was appointed. (f) Eligibility for appointments An individual is eligible for appointment as a member of the Oversight Board only if the individual (1) has knowledge and expertise in finance, municipal bond markets, management, law, or the organization or operation of business or government; and (2) prior to appointment, an individual is not an officer, elected official, or employee of the territorial government, a candidate for elected office of the territorial government, or a former elected official of the territorial government. (g) No compensation for service Members of the Oversight Board shall serve without pay, but may receive reimbursement from the Oversight Board for any reasonable and necessary expenses incurred by reason of service on the Oversight Board. (h) Adoption of bylaws for conducting business of Oversight Board (1) In general As soon as practicable after the appointment of all members and appointment of the Chair, the Oversight Board shall adopt bylaws, rules, and procedures governing its activities under this chapter, including procedures for hiring experts and consultants. Such bylaws, rules, and procedures shall be public documents, and shall be submitted by the Oversight Board upon adoption to the Governor, the Legislature, the President, and Congress. The Oversight Board may hire professionals as it determines to be necessary to carry out this chapter. (2) Activities requiring approval of majority of members Under the bylaws adopted pursuant to paragraph (1), the Oversight Board may conduct its operations under such procedures as it considers appropriate, except that an affirmative vote of a majority of the members of the Oversight Boards full appointed membership shall be required in order for the Oversight Board to approve a Fiscal Plan under section 2141 of this title section 2142 of this title section 2144 of this title section 2213 of this title (3) Adoption of rules and regulations of territorial government The Oversight Board may incorporate in its bylaws, rules, and procedures under this subsection such rules and regulations of the territorial government as it considers appropriate to enable it to carry out its activities under this chapter with the greatest degree of independence practicable. (4) Executive session Upon a majority vote of the Oversight Boards full voting membership, the Oversight Board may conduct its business in an executive session that consists solely of the Oversight Boards voting members and any professionals the Oversight Board determines necessary and is closed to the public, but only for the business items set forth as part of the vote to convene an executive session. ( Pub. L. 114187, title I,  101 June 30, 2016 130 Stat. 553  Editorial Notes  References in Text This chapter, referred to in subsecs. (b)(2), (d)(1)(A), (2)(A), (e)(4), and (h)(1), (3), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2122. Location of Oversight Board  The Oversight Board shall have an office in the covered territory and additional offices as it deems necessary. At any time, any department or agency of the United States may provide the Oversight Board use of Federal facilities and equipment on a reimbursable or non-reimbursable basis and subject to such terms and conditions as the head of that department or agency may establish. ( Pub. L. 114187, title I,  102 June 30, 2016 130 Stat. 557  2123. Executive Director and staff of Oversight Board (a) Executive Director The Oversight Board shall have an Executive Director who shall be appointed by the Chair with the consent of the Oversight Board. The Executive Director shall be paid at a rate determined by the Oversight Board. (b) Staff With the approval of the Chair, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers appropriate, except that no individual appointed by the Executive Director may be paid at a rate greater than the rate of pay for the Executive Director unless the Oversight Board provides for otherwise. The staff shall include a Revitalization Coordinator appointed pursuant to subchapter V of this chapter. Any such personnel may include private citizens, employees of the Federal Government, or employees of the territorial government, provided, however, that the Executive Director may not fix the pay of employees of the Federal Government or the territorial government. (c) Inapplicability of certain employment and procurement laws The Executive Director and staff of the Oversight Board may be appointed and paid without regard to any provision of the laws of the covered territory or the Federal Government governing appointments and salaries. Any provision of the laws of the covered territory governing procurement shall not apply to the Oversight Board. (d) Staff of Federal agencies Upon request of the Chair, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, and in accordance with the Intergovernmental Personnel Act of 1970 ( 5 U.S.C. 3371337 (e) Staff of territorial government Upon request of the Chair, the head of any department or agency of the covered territory may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Oversight Board to assist it in carrying out its duties under this chapter. ( Pub. L. 114187, title I,  103 June 30, 2016 130 Stat. 557  Editorial Notes  References in Text Subchapter V of this chapter, referred to in subsec. (b), was in the original Title V of this Act, meaning title V of Pub. L. 114187 June 30, 2016 130 Stat. 596 The Intergovernmental Personnel Act of 1970, referred to in subsec. (d), is Pub. L. 91648 Jan. 5, 1971 84 Stat. 1909 section 1304 of Title 5 section 246 of Title 42 section 869b of Title 20 section 3371 of Title 5 section 4701 of Title 42 This chapter, referred to in subsecs. (d) and (e), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2124. Powers of Oversight Board (a) Hearings and sessions The Oversight Board may, for the purpose of carrying out this chapter, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Oversight Board considers appropriate. The Oversight Board may administer oaths or affirmations to witnesses appearing before it. (b) Powers of members and agents Any member or agent of the Oversight Board may, if authorized by the Oversight Board, take any action that the Oversight Board is authorized to take by this section. (c) Obtaining official data (1) From Federal government Notwithstanding sections 552 (commonly known as the Freedom of Information Act), 552a (commonly known as the Privacy Act of 1974), and 552b (commonly known as the Government in the Sunshine Act) of title 5, the Oversight Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this chapter, with the approval of the head of that department or agency. (2) From territorial government Notwithstanding any other provision of law, the Oversight Board shall have the right to secure copies, whether written or electronic, of such records, documents, information, data, or metadata from the territorial government necessary to enable the Oversight Board to carry out its responsibilities under this chapter. At the request of the Oversight Board, the Oversight Board shall be granted direct access to such information systems, records, documents, information, or data as will enable the Oversight Board to carry out its responsibilities under this chapter. The head of the entity of the territorial government responsible shall provide the Oversight Board with such information and assistance (including granting the Oversight Board direct access to automated or other information systems) as the Oversight Board requires under this paragraph. (d) Obtaining creditor information (1) Upon request of the Oversight Board, each creditor or organized group of creditors of a covered territory or covered territorial instrumentality seeking to participate in voluntary negotiations shall provide to the Oversight Board, and the Oversight Board shall make publicly available to any other participant, a statement setting forth (A) the name and address of the creditor or of each member of an organized group of creditors; and (B) the nature and aggregate amount of claims or other economic interests held in relation to the issuer as of the later of (i) the date the creditor acquired the claims or other economic interests or, in the case of an organized group of creditors, the date the group was formed; or (ii) the date the Oversight Board was formed. (2) For purposes of this subsection, an organized group shall mean multiple creditors that are (A) acting in concert to advance their common interests, including, but not limited to, retaining legal counsel to represent such multiple entities; and (B) not composed entirely of affiliates or insiders of one another. (3) The Oversight Board may request supplemental statements to be filed by each creditor or organized group of creditors quarterly, or if any fact in the most recently filed statement has changed materially. (e) Gifts, bequests, and devises The Oversight Board may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Oversight Board. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in such account as the Oversight Board may establish and shall be available for disbursement upon order of the Chair, consistent with the Oversight Boards bylaws, or rules and procedures. All gifts, bequests or devises and the identities of the donors shall be publicly disclosed by the Oversight Board within 30 days of receipt. (f) Subpoena power (1) In general The Oversight Board may issue subpoenas requiring the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, documents, electronic files, metadata, tapes, and materials of any nature relating to any matter under investigation by the Oversight Board. Jurisdiction to compel the attendance of witnesses and the production of such materials shall be governed by the statute setting forth the scope of personal jurisdiction exercised by the covered territory, or in the case of Puerto Rico, 32 L.P.R.A. App. III. R. 4. 7., as amended. (2) Failure to obey a subpoena If a person refuses to obey a subpoena issued under paragraph (1), the Oversight Board may apply to the court of first instance of the covered territory. Any failure to obey the order of the court may be punished by the court in accordance with civil contempt laws of the covered territory. (3) Service of subpoenas The subpoena of the Oversight Board shall be served in the manner provided by the rules of procedure for the courts of the covered territory, or in the case of Puerto Rico, the Rules of Civil Procedure of Puerto Rico, for subpoenas issued by the court of first instance of the covered territory. (g) Authority to enter into contracts The Executive Director may enter into such contracts as the Executive Director considers appropriate (subject to the approval of the Chair) consistent with the Oversight Boards bylaws, rules, and regulations to carry out the Oversight Boards responsibilities under this chapter. (h) Authority to enforce certain laws of the covered territory The Oversight Board shall ensure the purposes of this chapter are met, including by ensuring the prompt enforcement of any applicable laws of the covered territory prohibiting public sector employees from participating in a strike or lockout. In the application of this subsection, with respect to Puerto Rico, the term applicable laws refers to 3 L.P.R.A. 1451q and 3 L.P.R.A. 1451r, as amended. (i) Voluntary agreement certification (1) In general The Oversight Board shall issue a certification to a covered territory or covered territorial instrumentality if the Oversight Board determines, in its sole discretion, that such covered territory or covered territorial instrumentality, as applicable, has successfully reached a voluntary agreement with holders of its Bond Claims to restructure such Bond Claims (A) except as provided in subparagraph (C), if an applicable Fiscal Plan has been certified, in a manner that provides for a sustainable level of debt for such covered territory or covered territorial instrumentality, as applicable, and is in conformance with the applicable certified Fiscal Plan; (B) except as provided in subparagraph (C), if an applicable Fiscal Plan has not yet been certified, in a manner that provides, in the Oversight Boards sole discretion, for a sustainable level of debt for such covered territory or covered territorial instrumentality; or (C) notwithstanding subparagraphs (A) and (B), if an applicable Fiscal Plan has not yet been certified and the voluntary agreement is limited solely to an extension of applicable principal maturities and interest on Bonds issued by such covered territory or covered territorial instrumentality, as applicable, for a period of up to one year during which time no interest will be paid on the Bond Claims affected by the voluntary agreement. (2) Effectiveness The effectiveness of any voluntary agreement referred to in paragraph (1) shall be conditioned on (A) the Oversight Board delivering the certification described in paragraph (1); and (B) the agreement of a majority in amount of the Bond Claims of a covered territory or a covered territorial instrumentality that are to be affected by such agreement, provided, however, that such agreement is solely for purposes of serving as a Qualifying Modification pursuant to subsection 1 1 section 2231(m)(1)(D) of this title (3) Preexisting voluntary agreements Any voluntary agreement that the territorial government or any territorial instrumentality has executed before May 18, 2016 (j) Restructuring filings (1) In general Subject to paragraph (3), before taking an action described in paragraph (2) on behalf of a debtor or potential debtor in a case under subchapter III, the Oversight Board must certify the action. (2) Actions described The actions referred to in paragraph (1) are (A) the filing of a petition; or (B) the submission or modification of a plan of adjustment. (3) Condition for plans of adjustment The Oversight Board may certify a plan of adjustment only if it determines, in its sole discretion, that it is consistent with the applicable certified Fiscal Plan. (k) Civil actions to enforce powers The Oversight Board may seek judicial enforcement of its authority to carry out its responsibilities under this chapter. (l) Penalties (1) Acts prohibited Any officer or employee of the territorial government who prepares, presents, or certifies any information or report for the Oversight Board or any of its agents that is intentionally false or misleading, or, upon learning that any such information is false or misleading, fails to immediately advise the Oversight Board or its agents thereof in writing, shall be subject to prosecution and penalties under any laws of the territory prohibiting the provision of false information to government officials, which in the case of Puerto Rico shall include 33 L.P.R.A. 4889, as amended. (2) Administrative discipline In addition to any other applicable penalty, any officer or employee of the territorial government who knowingly and willfully violates paragraph (1) or takes any such action in violation of any valid order of the Oversight Board or fails or refuses to take any action required by any such order, shall be subject to appropriate administrative discipline, including (when appropriate) suspension from duty without pay or removal from office, by order of the Governor. (3) Report by Governor on disciplinary actions taken In the case of a violation of paragraph (2) by an officer or employee of the territorial government, the Governor shall immediately report to the Oversight Board all pertinent facts together with a statement of the action taken thereon. (m) Electronic reporting The Oversight Board may, in consultation with the Governor, ensure the prompt and efficient payment and administration of taxes through the adoption of electronic reporting, payment and auditing technologies. (n) Administrative support services Upon the request of the Oversight Board, the Administrator of General Services or other appropriate Federal agencies shall promptly provide to the Oversight Board, on a reimbursable or non-reimbursable basis, the administrative support services necessary for the Oversight Board to carry out its responsibilities under this chapter. (o) Investigation of disclosure and selling practices The Oversight Board may investigate the disclosure and selling practices in connection with the purchase of bonds issued by a covered territory for or on behalf of any retail investors including any underrepresentation of risk for such investors and any relationships or conflicts of interest maintained by such broker, dealer, or investment adviser is as provided in applicable laws and regulations. (p) Findings of any investigation The Oversight Board shall make public the findings of any investigation referenced in subsection ( o ( Pub. L. 114187, title I,  104 June 30, 2016 130 Stat. 558  Editorial Notes  References in Text This chapter, referred to in subsecs. (a), (c), (g), (h), (k), and (n), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2125. Exemption from liability for claims  The Oversight Board, its members, and its employees shall not be liable for any obligation of or claim against the Oversight Board or its members or employees or the territorial government resulting from actions taken to carry out this chapter. ( Pub. L. 114187, title I,  105 June 30, 2016 130 Stat. 561  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2126. Treatment of actions arising from chapter (a) Jurisdiction Except as provided in section 2124(f)(2) of this title (b) Appeal Notwithstanding any other provision of law, any order of a United States district court that is issued pursuant to an action brought under subsection (a) shall be subject to review only pursuant to a notice of appeal to the applicable United States Court of Appeals. (c) Timing of relief Except with respect to any orders entered to remedy constitutional violations, no order of any court granting declaratory or injunctive relief against the Oversight Board, including relief permitting or requiring the obligation, borrowing, or expenditure of funds, shall take effect during the pendency of the action before such court, during the time appeal may be taken, or (if appeal is taken) during the period before the court has entered its final order disposing of such action. (d) Expedited consideration It shall be the duty of the applicable United States District Court, the applicable United States Court of Appeals, and, as applicable, the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this chapter. (e) Review of Oversight Board certifications There shall be no jurisdiction in any United States district court to review challenges to the Oversight Boards certification determinations under this chapter. ( Pub. L. 114187, title I,  106 June 30, 2016 130 Stat. 562  Editorial Notes  References in Text This chapter, referred to in subsecs. (a), (d), and (e), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2127. Budget and funding for operation of Oversight Board (a) Submission of budget The Oversight Board shall submit a budget for each fiscal year during which the Oversight Board is in operation, to the President, the House of Representatives Committee on Natural Resources and the Senate Committee on Energy and Natural Resources, the Governor, and the Legislature. (b) Funding The Oversight Board shall use its powers with respect to the Territory Budget of the covered territory to ensure that sufficient funds are available to cover all expenses of the Oversight Board. (1) Permanent funding Within 30 days after June 30, 2016 (2) (A) Initial funding On the date of establishment of an Oversight Board in accordance with section 2121(b) of this title (B) Termination The initial funding requirements under subparagraph (A) shall terminate upon the territorial government designating a dedicated funding source not subject to subsequent legislative appropriations under paragraph (1). (3) Remission of excess funds If the Oversight Board determines in its sole discretion that any funds transferred under this subsection exceed the amounts required for the Oversight Boards operations as established pursuant to subsection (a), any such excess funds shall be periodically remitted to the territorial government. ( Pub. L. 114187, title I,  107 June 30, 2016 130 Stat. 562  2128. Autonomy of Oversight Board (a) In general Neither the Governor nor the Legislature may (1) exercise any control, supervision, oversight, or review over the Oversight Board or its activities; or (2) enact, implement, or enforce any statute, resolution, policy, or rule that would impair or defeat the purposes of this chapter, as determined by the Oversight Board. (b) Oversight Board legal representation In any action brought by, on behalf of, or against the Oversight Board, the Oversight Board shall be represented by such counsel as it may hire or retain so long as the representation complies with the applicable professional rules of conduct governing conflicts of interests. ( Pub. L. 114187, title I,  108 June 30, 2016 130 Stat. 563  Editorial Notes  References in Text This chapter, referred to in subsec. (a)(2), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2129. Ethics (a) Conflict of interest Notwithstanding any ethics provision governing employees of the covered territory, all members and staff of the Oversight Board shall be subject to the Federal conflict of interest requirements described in section 208 of title 18 (b) Financial disclosure Notwithstanding any ethics provision governing employees of the covered territory, all members of the Oversight Board and staff designated by the Oversight Board shall be subject to disclosure of their financial interests, the contents of which shall conform to the same requirements set forth in section 13104 of title 5 ( Pub. L. 114187, title I,  109 June 30, 2016 130 Stat. 563 Pub. L. 117286,  4(c)(45) Dec. 27, 2022 136 Stat. 4359  Editorial Notes Amendments 2022Subsec. (b). Pub. L. 117286 section 13104 of title 5 SUBCHAPTER II RESPONSIBILITIES OF OVERSIGHT BOARD  2141. Approval of Fiscal Plans (a) In general As soon as practicable after all of the members and the Chair have been appointed to the Oversight Board in accordance with section 2121(e) of this title (b) Requirements (1) In general A Fiscal Plan developed under this section shall, with respect to the territorial government or covered territorial instrumentality, provide a method to achieve fiscal responsibility and access to the capital markets, and (A) provide for estimates of revenues and expenditures in conformance with agreed accounting standards and be based on (i) applicable laws; or (ii) specific bills that require enactment in order to reasonably achieve the projections of the Fiscal Plan; (B) ensure the funding of essential public services; (C) provide adequate funding for public pension systems; (D) provide for the elimination of structural deficits; (E) for fiscal years covered by a Fiscal Plan in which a stay under subchapters III or IV is not effective, provide for a debt burden that is sustainable; (F) improve fiscal governance, accountability, and internal controls; (G) enable the achievement of fiscal targets; (H) create independent forecasts of revenue for the period covered by the Fiscal Plan; (I) include a debt sustainability analysis; (J) provide for capital expenditures and investments necessary to promote economic growth; (K) adopt appropriate recommendations submitted by the Oversight Board under section 2145(a) of this title (L) include such additional information as the Oversight Board deems necessary; (M) ensure that assets, funds, or resources of a territorial instrumentality are not loaned to, transferred to, or otherwise used for the benefit of a covered territory or another covered territorial instrumentality of a covered territory, unless permitted by the constitution of the territory, an approved plan of adjustment under subchapter III, or a Qualifying Modification approved under subchater VI; and (N) respect the relative lawful priorities or lawful liens, as may be applicable, in the constitution, other laws, or agreements of a covered territory or covered territorial instrumentality in effect prior to June 30, 2016 (2) Term A Fiscal Plan developed under this section shall cover a period of fiscal years as determined by the Oversight Board in its sole discretion but in any case a period of not less than 5 fiscal years from the fiscal year in which it is certified by the Oversight Board. (c) Development, review, approval, and certification of Fiscal Plans (1) Timing requirement The Governor may not submit to the Legislature a Territory Budget under section 2142 of this title (2) Fiscal Plan developed by Governor The Governor shall submit to the Oversight Board any proposed Fiscal Plan required by the Oversight Board by the time specified in the notice delivered under subsection (a). (3) Review by the Oversight Board The Oversight Board shall review any proposed Fiscal Plan to determine whether it satisfies the requirements set forth in subsection (b) and, if the Oversight Board determines in its sole discretion that the proposed Fiscal Plan (A) satisfies such requirements, the Oversight Board shall approve the proposed Fiscal Plan; or (B) does not satisfy such requirements, the Oversight Board shall provide to the Governor (i) a notice of violation that includes recommendations for revisions to the applicable Fiscal Plan; and (ii) an opportunity to correct the violation in accordance with subsection (d)(1). (d) Revised Fiscal Plan (1) In general If the Governor receives a notice of violation under subsection (c)(3), the Governor shall submit to the Oversight Board a revised proposed Fiscal Plan in accordance with subsection (b) by the time specified in the notice delivered under subsection (a). The Governor may submit as many revised Fiscal Plans to the Oversight Board as the schedule established in the notice delivered under subsection (a) permits. (2) Development by Oversight Board If the Governor fails to submit to the Oversight Board a Fiscal Plan that the Oversight Board determines in its sole discretion satisfies the requirements set forth in subsection (b) by the time specified in the notice delivered under subsection (a), the Oversight Board shall develop and submit to the Governor and the Legislature a Fiscal Plan that satisfies the requirements set forth in subsection (b). (e) Approval and certification (1) Approval of Fiscal Plan developed by Governor If the Oversight Board approves a Fiscal Plan under subsection (c)(3), it shall deliver a compliance certification for such Fiscal Plan to the Governor and the Legislature. (2) Deemed approval of Fiscal Plan developed by Oversight Board If the Oversight Board develops a Fiscal Plan under subsection (d)(2), such Fiscal Plan shall be deemed approved by the Governor, and the Oversight Board shall issue a compliance certification for such Fiscal Plan to the Governor and the Legislature. (f) Joint development of Fiscal Plan Notwithstanding any other provision of this section, if the Governor and the Oversight Board jointly develop a Fiscal Plan for the fiscal year that meets the requirements under this section, and that the Governor and the Oversight Board certify that the fiscal plan 1 1 ( Pub. L. 114187, title II,  201 June 30, 2016 130 Stat. 563  Editorial Notes  References in Text Subchapter IV, referred to in subsec. (b)(1)(E), was in the original a reference to title IV, meaning title IV of Pub. L. 114187 June 30, 2016 130 Stat. 585  2142. Approval of Budgets (a) Reasonable schedule for development of Budgets As soon as practicable after all of the members and the Chair have been appointed to the Oversight Board in the fiscal year in which the Oversight Board is established, and in each fiscal year thereafter during which the Oversight Board is in operation, the Oversight Board shall deliver a notice to the Governor and the Legislature providing a schedule for developing, submitting, approving, and certifying Budgets for a period of fiscal years as determined by the Oversight Board in its sole discretion but in any case a period of not less than one fiscal year following the fiscal year in which the notice is delivered. The notice may also set forth a schedule for revisions to Budgets that have already been certified, which revisions must be subject to subsequent approval and certification by the Oversight Board. The Oversight Board shall consult with the Governor and the Legislature in establishing a schedule, but the Oversight Board shall retain sole discretion to set or, by delivery of a subsequent notice to the Governor and the Legislature, change the dates of such schedule as it deems appropriate and reasonably feasible. (b) Revenue forecast The Oversight Board shall submit to the Governor and Legislature a forecast of revenues for the period covered by the Budgets by the time specified in the notice delivered under subsection (a), for use by the Governor in developing the Budget under subsection (c). (c) Budgets developed by Governor (1) Governors proposed budgets The Governor shall submit to the Oversight Board proposed Budgets by the time specified in the notice delivered under subsection (a). In consultation with the Governor in accordance with the process specified in the notice delivered under subsection (a), the Oversight Board shall determine in its sole discretion whether each proposed Budget is compliant with the applicable Fiscal Plan and (A) if a proposed Budget is a compliant budget, the Oversight Board shall (i) approve the Budget; and (ii) if the Budget is a Territory Budget, submit the Territory Budget to the Legislature; or (B) if the Oversight Board determines that the Budget is not a compliant budget, the Oversight Board shall provide to the Governor (i) a notice of violation that includes a description of any necessary corrective action; and (ii) an opportunity to correct the violation in accordance with paragraph (2). (2) Governors revisions The Governor may correct any violations identified by the Oversight Board and submit a revised proposed Budget to the Oversight Board in accordance with paragraph (1). The Governor may submit as many revised Budgets to the Oversight Board as the schedule established in the notice delivered under subsection (a) permits. If the Governor fails to develop a Budget that the Oversight Board determines is a compliant budget by the time specified in the notice delivered under subsection (a), the Oversight Board shall develop and submit to the Governor, in the case of an Instrumentality Budget, and to the Governor and the Legislature, in the case of a Territory Budget, a revised compliant budget. (d) Budget approval by Legislature (1) Legislature adopted budget The Legislature shall submit to the Oversight Board the Territory Budget adopted by the Legislature by the time specified in the notice delivered under subsection (a). The Oversight Board shall determine whether the adopted Territory Budget is a compliant budget and (A) if the adopted Territory Budget is a compliant budget, the Oversight Board shall issue a compliance certification for such compliant budget pursuant to subsection (e); and (B) if the adopted Territory Budget is not a compliant budget, the Oversight Board shall provide to the Legislature (i) a notice of violation that includes a description of any necessary corrective action; and (ii) an opportunity to correct the violation in accordance with paragraph (2). (2) Legislatures revisions The Legislature may correct any violations identified by the Oversight Board and submit a revised Territory Budget to the Oversight Board in accordance with the process established under paragraph (1) and by the time specified in the notice delivered under subsection (a). The Legislature may submit as many revised adopted Territory Budgets to the Oversight Board as the schedule established in the notice delivered under subsection (a) permits. If the Legislature fails to adopt a Territory Budget that the Oversight Board determines is a compliant budget by the time specified in the notice delivered under subsection (a), the Oversight Board shall develop a revised Territory Budget that is a compliant budget and submit it to the Governor and the Legislature. (e) Certification of Budgets (1) Certification of developed and approved Territory Budgets If the Governor and the Legislature develop and approve a Territory Budget that is a compliant budget by the day before the first day of the fiscal year for which the Territory Budget is being developed and in accordance with the process established under subsections (c) and (d), the Oversight Board shall issue a compliance certification to the Governor and the Legislature for such Territory Budget. (2) Certification of developed Instrumentality Budgets If the Governor develops an Instrumentality Budget that is a compliant budget by the day before the first day of the fiscal year for which the Instrumentality Budget is being developed and in accordance with the process established under subsection (c), the Oversight Board shall issue a compliance certification to the Governor for such Instrumentality Budget. (3) Deemed certification of Territory Budgets If the Governor and the Legislature fail to develop and approve a Territory Budget that is a compliant budget by the day before the first day of the fiscal year for which the Territory Budget is being developed, the Oversight Board shall submit a Budget to the Governor and the Legislature (including any revision to the Territory Budget made by the Oversight Board pursuant to subsection (d)(2)) and such Budget shall be (A) deemed to be approved by the Governor and the Legislature; (B) the subject of a compliance certification issued by the Oversight Board to the Governor and the Legislature; and (C) in full force and effect beginning on the first day of the applicable fiscal year. (4) Deemed certification of Instrumentality Budgets If the Governor fails to develop an Instrumentality Budget that is a compliant budget by the day before the first day of the fiscal year for which the Instrumentality Budget is being developed, the Oversight Board shall submit an Instrumentality Budget to the Governor (including any revision to the Instrumentality Budget made by the Oversight Board pursuant to subsection (c)(2)) and such Budget shall be (A) deemed to be approved by the Governor; (B) the subject of a compliance certification issued by the Oversight Board to the Governor; and (C) in full force and effect beginning on the first day of the applicable fiscal year. (f) Joint development of Budgets Notwithstanding any other provision of this section, if, in the case of a Territory Budget, the Governor, the Legislature, and the Oversight Board, or in the case of an Instrumentality Budget, the Governor and the Oversight Board, jointly develop such Budget for the fiscal year that meets the requirements under this section, and that the relevant parties certify that such budget reflects a consensus among them, then such Budget shall serve as the Budget for the territory or territorial instrumentality for that fiscal year. ( Pub. L. 114187, title II,  202 June 30, 2016 130 Stat. 566  2143. Effect of finding of noncompliance with Budget (a) Submission of reports Not later than 15 days after the last day of each quarter of a fiscal year (beginning with the fiscal year determined by the Oversight Board), the Governor shall submit to the Oversight Board a report, in such form as the Oversight Board may require, describing (1) the actual cash revenues, cash expenditures, and cash flows of the territorial government for the preceding quarter, as compared to the projected revenues, expenditures, and cash flows contained in the certified Budget for such preceding quarter; and (2) any other information requested by the Oversight Board, which may include a balance sheet or a requirement that the Governor provide information for each covered territorial instrumentality separately. (b) Initial action by Oversight Board (1) In general If the Oversight Board determines, based on reports submitted by the Governor under subsection (a), independent audits, or such other information as the Oversight Board may obtain, that the actual quarterly revenues, expenditures, or cash flows of the territorial government are not consistent with the projected revenues, expenditures, or cash flows set forth in the certified Budget for such quarter, the Oversight Board shall (A) require the territorial government to provide such additional information as the Oversight Board determines to be necessary to explain the inconsistency; and (B) if the additional information provided under subparagraph (A) does not provide an explanation for the inconsistency that the Oversight Board finds reasonable and appropriate, advise the territorial government to correct the inconsistency by implementing remedial action. (2) Deadlines The Oversight Board shall establish the deadlines by which the territorial government shall meet the requirements of subparagraphs (A) and (B) of paragraph (1). (c) Certification (1) Inconsistency If the territorial government fails to provide additional information under subsection (b)(1)(A), or fails to correct an inconsistency under subsection (b)(1)(B), prior to the applicable deadline under subsection (b)(2), the Oversight Board shall certify to the President, the House of Representatives Committee on Natural Resources, the Senate Committee on Energy and Natural Resources, the Governor, and the Legislature that the territorial government is inconsistent with the applicable certified Budget, and shall describe the nature and amount of the inconsistency. (2) Correction If the Oversight Board determines that the territorial government has initiated such measures as the Oversight Board considers sufficient to correct an inconsistency certified under paragraph (1), the Oversight Board shall certify the correction to the President, the House of Representatives Committee on Natural Resources, the Senate Committee on Energy and Natural Resources, the Governor, and the Legislature. (d) Budget reductions by Oversight Board If the Oversight Board determines that the Governor, in the case of any then-applicable certified Instrumentality Budgets, and the Governor and the Legislature, in the case of the then-applicable certified Territory Budget, have failed to correct an inconsistency identified by the Oversight Board under subsection (c), the Oversight Board shall (1) with respect to the territorial government, other than covered territorial instrumentalities, make appropriate reductions in nondebt expenditures to ensure that the actual quarterly revenues and expenditures for the territorial government are in compliance with the applicable certified Territory Budget or, in the case of the fiscal year in which the Oversight Board is established, the budget adopted by the Governor and the Legislature; and (2) with respect to covered territorial instrumentalities at the sole discretion of the Oversight Board (A) make reductions in nondebt expenditures to ensure that the actual quarterly revenues and expenses for the covered territorial instrumentality are in compliance with the applicable certified Budget or, in the case of the fiscal year in which the Oversight Board is established, the budget adopted by the Governor and the Legislature or the covered territorial instrumentality, as applicable; or (B) (i) institute automatic hiring freezes at the covered territorial instrumentality; and (ii) prohibit the covered territorial instrumentality from entering into any contract or engaging in any financial or other transactions, unless the contract or transaction was previously approved by the Oversight Board. (e) Termination of Budget reductions The Oversight Board shall cancel the reductions, hiring freezes, or prohibition on contracts and financial transactions under subsection (d) if the Oversight Board determines that the territorial government or covered territorial instrumentality, as applicable, has initiated appropriate measures to reduce expenditures or increase revenues to ensure that the territorial government or covered territorial instrumentality is in compliance with the applicable certified Budget or, in the case of the fiscal year in which the Oversight Board is established, the budget adopted by the Governor and the Legislature. ( Pub. L. 114187, title II,  203 June 30, 2016 130 Stat. 568  2144. Review of activities to ensure compliance with Fiscal Plan (a) Submission of legislative acts to Oversight Board (1) Submission of acts Except to the extent that the Oversight Board may provide otherwise in its bylaws, rules, and procedures, not later than 7 business days after a territorial government duly enacts any law during any fiscal year in which the Oversight Board is in operation, the Governor shall submit the law to the Oversight Board. (2) Cost estimate; certification of compliance or noncompliance The Governor shall include with each law submitted to the Oversight Board under paragraph (1) the following: (A) A formal estimate prepared by an appropriate entity of the territorial government with expertise in budgets and financial management of the impact, if any, that the law will have on expenditures and revenues. (B) If the appropriate entity described in subparagraph (A) finds that the law is not significantly inconsistent with the Fiscal Plan for the fiscal year, it shall issue a certification of such finding. (C) If the appropriate entity described in subparagraph (A) finds that the law is significantly inconsistent with the Fiscal Plan for the fiscal year, it shall issue a certification of such finding, together with the entitys reasons for such finding. (3) Notification The Oversight Board shall send a notification to the Governor and the Legislature if (A) the Governor submits a law to the Oversight Board under this subsection that is not accompanied by the estimate required under paragraph (2)(A); (B) the Governor submits a law to the Oversight Board under this subsection that is not accompanied by either a certification described in paragraph (2)(B) or (2)(C); or (C) the Governor submits a law to the Oversight Board under this subsection that is accompanied by a certification described in paragraph (2)(C) that the law is significantly inconsistent with the Fiscal Plan. (4) Opportunity to respond to notification (A) Failure to provide estimate or certification After sending a notification to the Governor and the Legislature under paragraph (3)(A) or (3)(B) with respect to a law, the Oversight Board may direct the Governor to provide the missing estimate or certification (as the case may be), in accordance with such procedures as the Oversight Board may establish. (B) Submission of certification of significant inconsistency with Fiscal Plan and Budget In accordance with such procedures as the Oversight Board may establish, after sending a notification to the Governor and Legislature under paragraph (3)(C) that a law is significantly inconsistent with the Fiscal Plan, the Oversight Board shall direct the territorial government to (i) correct the law to eliminate the inconsistency; or (ii) provide an explanation for the inconsistency that the Oversight Board finds reasonable and appropriate. (5) Failure to comply If the territorial government fails to comply with a direction given by the Oversight Board under paragraph (4) with respect to a law, the Oversight Board may take such actions as it considers necessary, consistent with this chapter, to ensure that the enactment or enforcement of the law will not adversely affect the territorial governments compliance with the Fiscal Plan, including preventing the enforcement or application of the law. (6) Preliminary review of proposed acts At the request of the Legislature, the Oversight Board may conduct a preliminary review of proposed legislation before the Legislature to determine whether the legislation as proposed would be consistent with the applicable Fiscal Plan under this subtitle, 1 1 (b) Effect of approved Fiscal Plan on contracts, rules, and regulations (1) Transparency in contracting The Oversight Board shall work with a covered territorys office of the comptroller or any functionally equivalent entity to promote compliance with the applicable law of any covered territory that requires agencies and instrumentalities of the territorial government to maintain a registry of all contracts executed, including amendments thereto, and to remit a copy to the office of the comptroller for inclusion in a comprehensive database available to the public. With respect to Puerto Rico, the term applicable law refers to 2 L.P.R.A. 97, as amended. (2) Authority to review certain contracts The Oversight Board may establish policies to require prior Oversight Board approval of certain contracts, including leases and contracts to a governmental entity or government-owned corporations rather than private enterprises that are proposed to be executed by the territorial government, to ensure such proposed contracts promote market competition and are not inconsistent with the approved Fiscal Plan. (3) Sense of Congress It is the sense of Congress that any policies established by the Oversight Board pursuant to paragraph (2) should be designed to make the government contracting process more effective, to increase the publics faith in this process, to make appropriate use of the Oversight Boards time and resources, to make the territorial government a facilitator and not a competitor to private enterprise, and to avoid creating any additional bureaucratic obstacles to efficient contracting. (4) Authority to review certain rules, regulations, and executive orders The provisions of this paragraph shall apply with respect to a rule, regulation, or executive order proposed to be issued by the Governor (or the head of any department or agency of the territorial government) in the same manner as such provisions apply to a contract. (5) Failure to comply If a contract, rule, regulation, or executive order fails to comply with policies established by the Oversight Board under this subsection, the Oversight Board may take such actions as it considers necessary to ensure that such contract, rule, executive order or regulation will not adversely affect the territorial governments compliance with the Fiscal Plan, including by preventing the execution or enforcement of the contract, rule, executive order or regulation. (c) Restrictions on budgetary adjustments (1) Submissions of requests to Oversight Board If the Governor submits a request to the Legislature for the reprogramming of any amounts provided in a certified Budget, the Governor shall submit such request to the Oversight Board, which shall analyze whether the proposed reprogramming is significantly inconsistent with the Budget, and submit its analysis to the Legislature as soon as practicable after receiving the request. (2) No action permitted until analysis received The Legislature shall not adopt a reprogramming, and no officer or employee of the territorial government may carry out any reprogramming, until the Oversight Board has provided the Legislature with an analysis that certifies such reprogramming will not be inconsistent with the Fiscal Plan and Budget. (3) Prohibition on action until Oversight Board is appointed (A) During the period after a territory becomes a covered territory and prior to the appointment of all members and the Chair of the Oversight Board, such covered territory shall not enact new laws that either permit the transfer of any funds or assets outside the ordinary course of business or that are inconsistent with the constitution or laws of the territory as of June 30, 2016 (B) Upon appointment of the Oversight Boards full membership, the Oversight Board may review, and in its sole discretion, rescind, any law that (i) was enacted during the period between, with respect to Puerto Rico, May 4, 2016 (ii) alters pre-existing priorities of creditors in a manner outside the ordinary course of business or inconsistent with the territorys constitution or the laws of the territory as of, in the case of Puerto Rico, May 4, 2016 but such rescission shall only be to the extent that the law alters such priorities. (d) Implementation of Federal programs In taking actions under this chapter, the Oversight Board shall not exercise applicable authorities to impede territorial actions taken to (1) comply with a court-issued consent decree or injunction, or an administrative order or settlement with a Federal agency, with respect to Federal programs; (2) implement a federally authorized or federally delegated program; (3) implement territorial laws, which are consistent with a certified Fiscal Plan, that execute Federal requirements and standards; or (4) preserve and maintain federally funded mass transportation assets. ( Pub. L. 114187, title II,  204 June 30, 2016 130 Stat. 570  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(5) and (d), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title This subtitle, referred to in subsec. (a)(6), probably should be a reference to this title, meaning title II of Pub. L. 114187 June 30, 2016 130 Stat. 563 Pub. L. 114187  2145. Recommendations on financial stability and management responsibility (a) In general The Oversight Board may at any time submit recommendations to the Governor or the Legislature on actions the territorial government may take to ensure compliance with the Fiscal Plan, or to otherwise promote the financial stability, economic growth, management responsibility, and service delivery efficiency of the territorial government, including recommendations relating to (1) the management of the territorial governments financial affairs, including economic forecasting and multiyear fiscal forecasting capabilities, information technology, placing controls on expenditures for personnel, reducing benefit costs, reforming procurement practices, and placing other controls on expenditures; (2) the structural relationship of departments, agencies, and independent agencies within the territorial government; (3) the modification of existing revenue structures, or the establishment of additional revenue structures; (4) the establishment of alternatives for meeting obligations to pay for the pensions of territorial government employees; (5) modifications or transfers of the types of services that are the responsibility of, and are delivered by the territorial government; (6) modifications of the types of services that are delivered by entities other than the territorial government under alternative service delivery mechanisms; (7) the effects of the territorys laws and court orders on the operations of the territorial government; (8) the establishment of a personnel system for employees of the territorial government that is based upon employee performance standards; (9) the improvement of personnel training and proficiency, the adjustment of staffing levels, and the improvement of training and performance of management and supervisory personnel; and (10) the privatization and commercialization of entities within the territorial government. (b) Response to recommendations by the territorial government (1) In general In the case of any recommendations submitted under subsection (a) that are within the authority of the territorial government to adopt, not later than 90 days after receiving the recommendations, the Governor or the Legislature (whichever has the authority to adopt the recommendation) shall submit a statement to the Oversight Board that provides notice as to whether the territorial government will adopt the recommendations. (2) Implementation plan required for adopted recommendations If the Governor or the Legislature (whichever is applicable) notifies the Oversight Board under paragraph (1) that the territorial government will adopt any of the recommendations submitted under subsection (a), the Governor or the Legislature (whichever is applicable) shall include in the statement a written plan to implement the recommendation that includes (A) specific performance measures to determine the extent to which the territorial government has adopted the recommendation; and (B) a clear and specific timetable pursuant to which the territorial government will implement the recommendation. (3) Explanations required for recommendations not adopted If the Governor or the Legislature (whichever is applicable) notifies the Oversight Board under paragraph (1) that the territorial government will not adopt any recommendation submitted under subsection (a) that the territorial government has authority to adopt, the Governor or the Legislature shall include in the statement explanations for the rejection of the recommendations, and the Governor or the Legislature shall submit such statement of explanations to the President and Congress. ( Pub. L. 114187, title II,  205 June 30, 2016 130 Stat. 573  2146. Oversight Board duties related to restructuring (a) Requirements for restructuring certification The Oversight Board, prior to issuing a restructuring certification regarding an entity (as such term is defined in section 101 of title 11 (1) the entity has made good-faith efforts to reach a consensual restructuring with creditors; (2) the entity has (A) adopted procedures necessary to deliver timely audited financial statements; and (B) made public draft financial statements and other information sufficient for any interested person to make an informed decision with respect to a possible restructuring; (3) the entity is either a covered territory that has adopted a Fiscal Plan certified by the Oversight Board, a covered territorial instrumentality that is subject to a Territory Fiscal Plan certified by the Oversight Board, or a covered territorial instrumentality that has adopted an Instrumentality Fiscal Plan certified by the Oversight Board; and (4) (A) no order approving a Qualifying Modification under section 2231 of this title (B) if an order approving a Qualifying Modification has been entered with respect to such entity, the entity is unable to make its debt payments notwithstanding the approved Qualifying Modification, in which case, all claims affected by the Qualifying Modification shall be subject to a subchapter III case. (b) Issuance of restructuring certification The issuance of a restructuring certification under this section requires a vote of no fewer than 5 members of the Oversight Board in the affirmative, which shall satisfy the requirement set forth in section 2162(2) of this title ( Pub. L. 114187, title II,  206 June 30, 2016 130 Stat. 574  2147. Oversight Board authority related to debt issuance  For so long as the Oversight Board remains in operation, no territorial government may, without the prior approval of the Oversight Board, issue debt or guarantee, exchange, modify, repurchase, redeem, or enter into similar transactions with respect to its debt. ( Pub. L. 114187, title II,  207 June 30, 2016 130 Stat. 575  2148. Required reports (a) Annual report Not later than 30 days after the last day of each fiscal year, the Oversight Board shall submit a report to the President, Congress, the Governor and the Legislature, describing (1) the progress made by the territorial government in meeting the objectives of this chapter during the fiscal year; (2) the assistance provided by the Oversight Board to the territorial government in meeting the purposes of this chapter during the fiscal year; (3) recommendations to the President and Congress on changes to this chapter or other Federal laws, or other actions of the Federal Government, that would assist the territorial government in complying with any certified Fiscal Plan; (4) the precise manner in which funds allocated to the Oversight Board under section 2127 of this title section 2124(e) of this title (5) any other activities of the Oversight Board during the fiscal year. (b) Report on discretionary tax abatement agreements Within six months of the establishment of the Oversight Board, the Governor shall submit a report to the Oversight Board documenting all existing discretionary tax abatement or similar tax relief agreements to which the territorial government, or any territorial instrumentality, is a party, provided that (1) nothing in this chapter shall be interpreted to limit the power of the territorial government or any territorial instrumentality to execute or modify discretionary tax abatement or similar tax relief agreements, or to enforce compliance with the terms and conditions of any discretionary tax abatement or similar tax relief agreement, to which the territorial government or any territorial instrumentality is a party; and (2) the members and staff of the Oversight Board shall not disclose the contents of the report described in this subsection, and shall otherwise comply with all applicable territorial and Federal laws and regulations regarding the handling of confidential taxpayer information. (c) Quarterly reports of cash flow The Oversight Board, when feasible, shall report on the amount of cash flow available for the payment of debt service on all notes, bonds, debentures, credit agreements, or other instruments for money borrowed whose enforcement is subject to a stay or moratorium hereunder, together with any variance from the amount set forth in the debt sustainability analysis of the Fiscal Plan under section 2141(b)(1)(I) of this title ( Pub. L. 114187, title II,  208 June 30, 2016 130 Stat. 575  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(1) to (3) and (b)(1), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2149. Termination of Oversight Board An Oversight Board shall terminate upon certification by the Oversight Board that (1) the applicable territorial government has adequate access to short-term and long-term credit markets at reasonable interest rates to meet the borrowing needs of the territorial government; and (2) for at least 4 consecutive fiscal years (A) the territorial government has developed its Budgets in accordance with modified accrual accounting standards; and (B) the expenditures made by the territorial government during each fiscal year did not exceed the revenues of the territorial government during that year, as determined in accordance with modified accrual accounting standards. ( Pub. L. 114187, title II,  209 June 30, 2016 130 Stat. 576  2150. No full faith and credit of the United States (a) In general The full faith and credit of the United States is not pledged for the payment of any principal of or interest on any bond, note, or other obligation issued by a covered territory or covered territorial instrumentality. The United States is not responsible or liable for the payment of any principal of or interest on any bond, note, or other obligation issued by a covered territory or covered territorial instrumentality. (b) Subject to appropriations Any claim to which the United States is determined to be liable under this chapter shall be subject to appropriations. (c) Funding No Federal funds shall be authorized by this chapter for the payment of any liability of the territory or territorial instrumentality. ( Pub. L. 114187, title II,  210 June 30, 2016 130 Stat. 576  Editorial Notes  References in Text This chapter, referred to in subsecs. (b) and (c), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2151. Analysis of pensions (a) Determination If the Oversight Board determines, in its sole discretion, that a pension system of the territorial government is materially underfunded, the Oversight Board shall conduct an analysis prepared by an independent actuary of such pension system to assist the Oversight Board in evaluating the fiscal and economic impact of the pension cash flows. (b) Provisions of analysis An analysis conducted under subsection (a) shall include (1) an actuarial study of the pension liabilities and funding strategy that includes a forward looking projection of payments of at least 30 years of benefit payments and funding strategy to cover such payments; (2) sources of funding to cover such payments; (3) a review of the existing benefits and their sustainability; and (4) a review of the systems legal structure and operational arrangements, and any other studies of the pension system the Oversight Board shall deem necessary. (c) Supplementary information In any case, the analysis conducted under subsection (a) shall include information regarding the fair market value and liabilities using an appropriate discount rate as determined by the Oversight Board. ( Pub. L. 114187, title II,  211 June 30, 2016 130 Stat. 576  2152. Intervention in litigation (a) Intervention The Oversight Board may intervene in any litigation filed against the territorial government. (b) Injunctive relief (1) In general If the Oversight Board intervenes in a litigation under subsection (a), the Oversight Board may seek injunctive relief, including a stay of litigation. (2) No independent basis for relief This section does not create an independent basis on which injunctive relief, including a stay of litigation, may be granted. ( Pub. L. 114187, title II,  212 June 30, 2016 130 Stat. 577 SUBCHAPTER III ADJUSTMENTS OF DEBTS  2161. Applicability of other laws; definitions (a) Sections applicable to cases under this subchapter Sections 101 (except as otherwise provided in this section), 102, 104, 105, 106, 107, 108, 112, 333, 344, 347(b), 349, 350(b), 351, 361, 362, 364(c), 364(d), 364(e), 364(f), 365, 366, 501, 502, 503, 504, 506, 507(a)(2), 509, 510, 524(a)(1), 524(a)(2), 544, 545, 546, 547, 548, 549(a), 549(c), 549(d), 550, 551, 552, 553, 555, 556, 557, 559, 560, 561, 562, 902 (except as otherwise provided in this section), 922, 923, 924, 925, 926, 927, 928, 942, 944, 945, 946, 1102, 1103, 1109, 1111(b), 1122, 1123(a)(1), 1123(a)(2), 1123(a)(3), 1123(a)(4), 1123(a)(5), 1123(b), 1123(d), 1124, 1125, 1126(a), 1126(b), 1126(c), 1126(e), 1126(f), 1126(g), 1127(d), 1128, 1129(a)(2), 1129(a)(3), 1129(a)(6), 1129(a)(8), 1129(a)(10), 1129(b)(1), 1129(b)(2)(A), 1129(b)(2)(B), 1142(b), 1143, 1144, 1145, and 1146(a) of title 11 apply in a case under this subchapter and section 930 of title 11 (b) Meanings of terms A term used in a section of title 11, made applicable in a case under this subchapter by subsection (a), has the meaning given to the term for the purpose of the applicable section, unless the term is otherwise defined in this subchapter. (c) Definitions In this subchapter: (1) Affiliate The term affiliate means, in addition to the definition made applicable in a case under this subchapter by subsection (a) (A) for a territory, any territorial instrumentality; and (B) for a territorial instrumentality, the governing territory and any of the other territorial instrumentalities of the territory. (2) Debtor The term debtor means the territory or covered territorial instrumentality concerning which a case under this subchapter has been commenced. (3) Holder of a claim or interest The term holder of a claim or interest, when used in section 1126 of title 11 (A) shall exclude any Issuer or Authorized Instrumentality of the Territory Government Issuer (as defined under subchapter VI of this chapter) or a corporation, trust or other legal entity that is controlled by the Issuer or an Authorized Territorial Instrumentality of the Territory Government Issuer, provided that the beneficiaries of such claims, to the extent they are not referenced in this subparagraph, shall not be excluded, and that, for each excluded trust or other legal entity, the court shall, upon the request of any participant or beneficiary of such trust or entity, at any time after the commencement of the case, order the appointment of a separate committee of creditors pursuant to section 1102(a)(2) of title 11 (B) with reference to Insured Bonds, shall mean the monoline insurer insuring such Insured Bond to the extent such insurer is granted the right to vote Insured Bonds for purposes of directing remedies or consenting to proposed amendments or modifications as provided in the applicable documents pursuant to which such Insured Bond was issued and insured. (4) Insured Bond The term Insured Bond means a bond subject to a financial guarantee or similar insurance contract, policy and/or surety issued by a monoline insurer. (5) Property of the estate The term property of the estate, when used in a section of title 11 made applicable in a case under this subchapter by subsection (a), means property of the debtor. (6) State The term State 1 1 1 (7) Trustee The term trustee, when used in a section of title 11 made applicable in a case under this subchapter by subsection (a), means the Oversight Board, except as provided in section 926 of title 11 (d) Reference to subchapter Solely for purposes of this subchapter, a reference to this title, this chapter, or words of similar import in a section of title 11 made applicable in a case under this subchapter by subsection (a) or to this title, title 11, Chapter 9, Chapter 11, the Code, or words of similar import in the Federal Rules of Bankruptcy Procedure made applicable in a case under this subchapter shall be deemed to be a reference to this subchapter. (e) Substantially similar In determining whether claims are substantially similar for the purpose of section 1122 of title 11 (f) Operative clauses A section made applicable in a case under this subchapter by subsection (a) that is operative if the business of the debtor is authorized to be operated is operative in a case under this subchapter. ( Pub. L. 114187, title III,  301 June 30, 2016 130 Stat. 577  2162. Who may be a debtor An entity may be a debtor under this subchapter if (1) the entity is (A) a territory that has requested the establishment of an Oversight Board or has had an Oversight Board established for it by the United States Congress in accordance with section 2121 of this title (B) a covered territorial instrumentality of a territory described in paragraph (1)(A); (2) the Oversight Board has issued a certification under section 2146(b) of this title (3) the entity desires to effect a plan to adjust its debts. ( Pub. L. 114187, title III,  302 June 30, 2016 130 Stat. 579  2163. Reservation of territorial power to control territory and territorial instrumentalities Subject to the limitations set forth in subchapters I and II of this chapter, this subchapter does not limit or impair the power of a covered territory to control, by legislation or otherwise, the territory or any territorial instrumentality thereof in the exercise of the political or governmental powers of the territory or territorial instrumentality, including expenditures for such exercise, but whether or not a case has been or can be commenced under this subchapter (1) a territory law prescribing a method of composition of indebtedness or a moratorium law, but solely to the extent that it prohibits the payment of principal or interest by an entity not described in section 109(b)(2) of title 11 (2) a judgment entered under a law described in paragraph (1) may not bind a creditor that does not consent to the composition; and (3) unlawful executive orders that alter, amend, or modify rights of holders of any debt of the territory or territorial instrumentality, or that divert funds from one territorial instrumentality to another or to the territory, shall be preempted by this chapter. ( Pub. L. 114187, title III,  303 June 30, 2016 130 Stat. 579  Editorial Notes  References in Text This chapter, referred to in par. (3), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2164. Petition and proceedings relating to petition (a) Commencement of case A voluntary case under this subchapter is commenced by the filing with the district court of a petition by the Oversight Board pursuant to the determination under section 2146 of this title (b) Objection to petition After any objection to the petition, the court, after notice and a hearing, may dismiss the petition if the petition does not meet the requirements of this subchapter; however, this subsection shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter. (c) Order for relief The commencement of a case under this subchapter constitutes an order for relief. (d) Appeal The court may not, on account of an appeal from an order for relief, delay any proceeding under this subchapter in the case in which the appeal is being taken, nor shall any court order a stay of such proceeding pending such appeal. (e) Validity of debt The reversal on appeal of a finding of jurisdiction shall not affect the validity of any debt incurred that is authorized by the court under section 364(c) or 364(d) of title 11. (f) Joint filing of petitions and plans permitted The Oversight Board, on behalf of debtors under this subchapter, may file petitions or submit or modify plans of adjustment jointly if the debtors are affiliates; provided, however, that nothing in this subchapter shall be construed as authorizing substantive consolidation of the cases of affiliated debtors. (g) Joint administration of affiliated cases If the Oversight Board, on behalf of a debtor and one or more affiliates, has filed separate cases and the Oversight Board, on behalf of the debtor or one of the affiliates, files a motion to administer the cases jointly, the court may order a joint administration of the cases. (h) Public safety This chapter may not be construed to permit the discharge of obligations arising under Federal police or regulatory laws, including laws relating to the environment, public health or safety, or territorial laws implementing such Federal legal provisions. This includes compliance obligations, requirements under consent decrees or judicial orders, and obligations to pay associated administrative, civil, or other penalties. (i) Voting on debt adjustment plans not stayed Notwithstanding any provision in this subchapter to the contrary, including sections of title 11 incorporated by reference, nothing in this section shall prevent the holder of a claim from voting on or consenting to a proposed modification of such claim under subchapter VI of this chapter. ( Pub. L. 114187, title III,  304 June 30, 2016 130 Stat. 579  Editorial Notes  References in Text This chapter, referred to in subsec. (h), was in the original This Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2165. Limitation on jurisdiction and powers of court Subject to the limitations set forth in subchapters I and II of this chapter, notwithstanding any power of the court, unless the Oversight Board consents or the plan so provides, the court may not, by any stay, order, or decree, in the case or otherwise, interfere with (1) any of the political or governmental powers of the debtor; (2) any of the property or revenues of the debtor; or (3) the use or enjoyment by the debtor of any income-producing property. ( Pub. L. 114187, title III,  305 June 30, 2016 130 Stat. 580  2166. Jurisdiction (a) Federal subject matter jurisdiction The district courts shall have (1) except as provided in paragraph (2), original and exclusive jurisdiction of all cases under this subchapter; and (2) except as provided in subsection (b), and notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, original but not exclusive jurisdiction of all civil proceedings arising under this subchapter, or arising in or related to cases under this subchapter. (b) Property jurisdiction The district court in which a case under this subchapter is commenced or is pending shall have exclusive jurisdiction of all property, wherever located, of the debtor as of the commencement of the case. (c) Personal jurisdiction The district court in which a case under this subchapter is pending shall have personal jurisdiction over any person or entity. (d) Removal, remand, and transfer (1) Removal A party may remove any claim or cause of action in a civil action, other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce the police or regulatory power of the governmental unit, to the district court for the district in which the civil action is pending, if the district court has jurisdiction of the claim or cause of action under this section. (2) Remand The district court to which the claim or cause of action is removed under paragraph (1) may remand the claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision not to remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291 or 1292 of title 28 or by the Supreme Court of the United States under section 1254 of title 28 (3) Transfer A district court shall transfer any civil proceeding arising under this subchapter, or arising in or related to a case under this subchapter, to the district court in which the case under this subchapter is pending. (e) Appeal (1) An appeal shall be taken in the same manner as appeals in civil proceedings generally are taken to the courts of appeals from the district court. (2) The court of appeals for the circuit in which a case under this subchapter has venue pursuant to section 2167 of this title (3) The court of appeals for the circuit in which a case under this subchapter has venue pursuant to section 2167 of this title (A) the district court on its own motion or on the request of a party to the order or decree certifies that (i) the order or decree involves a question of law as to which there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States, or involves a matter of public importance; (ii) the order or decree involves a question of law requiring the resolution of conflicting decisions; or (iii) an immediate appeal from the order or decree may materially advance the progress of the case or proceeding in which the appeal is taken; and (B) the court of appeals authorizes the direct appeal of the order or decree. (4) If the district court on its own motion or on the request of a party determines that a circumstance specified in clauses (i), (ii), or (iii) of paragraph (3)(A) exists, then the district court shall make the certification described in paragraph (3). (5) The parties may supplement the certification with a short statement of the basis for the certification issued by the district court under paragraph (3)(A). (6) Except as provided in section 2164(d) of this title (7) Any request for a certification in respect to an interlocutory appeal of an order or decree shall be made not later than 60 days after the entry of the order or decree. (f) Reallocation of court staff Notwithstanding any law to the contrary, the clerk of the court in which a case is pending shall reallocate as many staff and assistants as the clerk deems necessary to ensure that the court has adequate resources to provide for proper case management. ( Pub. L. 114187, title III,  306 June 30, 2016 130 Stat. 580  2167. Venue (a) In general Venue shall be proper in (1) with respect to a territory, the district court for the territory or, for any territory that does not have a district court, the United States District Court for the District of Hawaii; and (2) with respect to a covered territorial instrumentality, the district court for the territory in which the covered territorial instrumentality is located or, for any territory that does not have a district court, the United States District Court for the District of Hawaii. (b) Alternative venue (1) If the Oversight Board so determines in its sole discretion, then venue shall be proper in the district court for the jurisdiction in which the Oversight Board maintains an office that is located outside the territory. (2) With respect to paragraph (1), the Oversight Board may consider, among other things (A) the resources of the district court to adjudicate a case or proceeding; and (B) the impact on witnesses who may be called in such a case or proceeding. ( Pub. L. 114187, title III,  307 June 30, 2016 130 Stat. 582  2168. Selection of presiding judge (a) For cases in which the debtor is a territory, the Chief Justice of the United States shall designate a district court judge to sit by designation to conduct the case. (b) For cases in which the debtor is not a territory, and no motion for joint administration of the debtors case with the case of its affiliate territory has been filed or there is no case in which the affiliate territory is a debtor, the chief judge of the court of appeals for the circuit embracing the district in which the case is commenced shall designate a district court judge to conduct the case. ( Pub. L. 114187, title III,  308 June 30, 2016 130 Stat. 582  2169. Abstention  Nothing in this subchapter prevents a district court in the interests of justice from abstaining from hearing a particular proceeding arising in or related to a case under this subchapter. ( Pub. L. 114187, title III,  309 June 30, 2016 130 Stat. 583  2170. Applicable rules of procedure  The Federal Rules of Bankruptcy Procedure shall apply to a case under this subchapter and to all civil proceedings arising in or related to cases under this subchapter. ( Pub. L. 114187, title III,  310 June 30, 2016 130 Stat. 583  Editorial Notes  References in Text The Federal Rules of Bankruptcy Procedure, referred to in text, are set out in the Appendix to Title 11, Bankruptcy.  2171. Leases  A lease to a territory or territorial instrumentality shall not be treated as an executory contract or unexpired lease for the purposes of section 365 or 502(b)(6) of title 11 solely by reason of the lease being subject to termination in the event the debtor fails to appropriate rent. ( Pub. L. 114187, title III,  311 June 30, 2016 130 Stat. 583  2172. Filing of plan of adjustment (a) Exclusivity Only the Oversight Board, after the issuance of a certificate pursuant to section 2124(j) of this title (b) Deadline for filing plan If the Oversight Board does not file a plan of adjustment with the petition, the Oversight Board shall file a plan of adjustment at the time set by the court. ( Pub. L. 114187, title III,  312 June 30, 2016 130 Stat. 583  2173. Modification of plan  The Oversight Board, after the issuance of a certification pursuant to section 2124(j) of this title ( Pub. L. 114187, title III,  313 June 30, 2016 130 Stat. 583  2174. Confirmation (a) Objection A special tax payer may object to confirmation of a plan. (b) Confirmation The court shall confirm the plan if (1) the plan complies with the provisions of title 11, made applicable to a case under this subchapter by section 2161 of this title (2) the plan complies with the provisions of this subchapter; (3) the debtor is not prohibited by law from taking any action necessary to carry out the plan; (4) except to the extent that the holder of a particular claim has agreed to a different treatment of such claim, the plan provides that on the effective date of the plan each holder of a claim of a kind specified in 507(a)(2) 1 1 (5) any legislative, regulatory, or electoral approval necessary under applicable law in order to carry out any provision of the plan has been obtained, or such provision is expressly conditioned on such approval; (6) the plan is feasible and in the best interests of creditors, which shall require the court to consider whether available remedies under the non-bankruptcy laws and constitution of the territory would result in a greater recovery for the creditors than is provided by such plan; and (7) the plan is consistent with the applicable Fiscal Plan certified by the Oversight Board under subchapter II. (c) Confirmation for debtors with a single class of claims If all of the requirements of section 2174(b) of this title section 1129(a) of title 11 section 2161 of this title (1) with respect to which all claims are substantially similar under section 2161(e) of this title (2) that includes only one class of claims, which claims are impaired claims; and (3) that was not accepted by such impaired class, the court shall confirm the plan notwithstanding the requirements of such sections 1129(a)(8) and 1129(a)(10) of title 11 if the plan is fair and equitable and does not discriminate unfairly with respect to such impaired class. ( Pub. L. 114187, title III,  314 June 30, 2016 130 Stat. 583  2175. Role and capacity of Oversight Board (a) Actions of Oversight Board For the purposes of this subchapter, the Oversight Board may take any action necessary on behalf of the debtor to prosecute the case of the debtor, including (1) filing a petition under section 2164 of this title (2) submitting or modifying a plan of adjustment under sections 2172 and 2173 of this title; or (3) otherwise generally submitting filings in relation to the case with the court. (b) Representative of debtor The Oversight Board in a case under this subchapter is the representative of the debtor. ( Pub. L. 114187, title III,  315 June 30, 2016 130 Stat. 584  2176. Compensation of professionals (a) Compensation for services rendered and reimbursement for expenses After notice to the parties in interest and the United States Trustee and a hearing, the court may award to a professional person employed by the debtor (in the debtors sole discretion), the Oversight Board (in the Oversight Boards sole discretion), a committee under section 1103 of title 11 section 926 of title 11 (1) reasonable compensation for actual, necessary services rendered by the professional person, or attorney and by any paraprofessional person employed by any such person; and (2) reimbursement for actual, necessary expenses. (b) Award of compensation less than amount requested The court may, on its own motion or on the motion of the United States Trustee or any other party in interest, award compensation that is less than the amount of compensation that is requested. (c) Factors considered In determining the amount of reasonable compensation to be awarded to a professional person, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including (1) the time spent on such services; (2) the rates charged for such services; (3) whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case under this chapter; 1 1 (4) whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed; (5) with respect to a professional person, whether the person is board certified or otherwise has demonstrated skill and experience in the restructuring field; and (6) whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this subchapter or title 11. (d) Services ineligible for compensation The court shall not allow compensation for (1) unnecessary duplication of services; or (2) services that were not (A) reasonably likely to benefit the debtor; or (B) necessary to the administration of the case. (e) Offset for interim compensation under section 2177 of this title The court shall reduce the amount of compensation awarded under this section by the amount of any interim compensation awarded under section 2177 of this title (f) Compensation for preparation of fee application Any compensation awarded for the preparation of a fee application shall be based on the level and skill reasonably required to prepare the application. ( Pub. L. 114187, title III,  316 June 30, 2016 130 Stat. 584  Editorial Notes  References in Text This chapter, referred to in subsec. (c)(3), was so in the original, but probably should have been a reference to this title, meaning title III of Pub. L. 114187 June 30, 2016 130 Stat. 577 Pub. L. 114187  2177. Interim compensation  A debtors attorney, or any professional person employed by the debtor (in the debtors sole discretion), the Oversight Board (in the Oversight Boards sole discretion), a committee under section 1103 of title 11 section 926 of title 11 section 2176 of this title ( Pub. L. 114187, title III,  317 June 30, 2016 130 Stat. 585  2178. Disclosure by professional persons seeking approval of compensation under section 2176 or 2177 of this title (a) Definitions In this section: (1) List of Material Interested Parties The term List of Material Interested Parties means the List of Material Interested Parties established under subsection (c)(1). (2) Oversight Board The term Oversight Board has the meaning given the term in section 2104 of this title (b) Required disclosure (1) In general In a case commenced under section 2164 of this title (2) Supplement A professional person that submits a statement under paragraph (1) shall promptly supplement the statement with any additional relevant information that becomes known to the person. (3) Disclosure Subject to any other applicable law, rule, or regulation, a professional person that fails to file or update a statement required under paragraph (1) or files a statement that the court determines does not represent a good faith effort to comply with this section shall disclose such failure in any filing required to conform to the disclosure requirements under rule 2014(a) of the Federal Rules of Bankruptcy Procedure. (c) List of Material Interested Parties (1) Preparation Not later than 30 days after January 20, 2022 (A) the approval of the court; and (B) the right of the United States trustee or any party in interest to be heard on the approval. (2) Inclusions Except as provided in paragraph (3), the List of Material Interested Parties shall include (A) the debtor; (B) any creditor; (C) any other party in interest; (D) any attorney or accountant of (i) the debtor; (ii) any creditor; or (iii) any other party in interest; (E) the United States trustee and any person employed in the office of the United States trustee; and (F) the Oversight Board, including the members, the Executive Director, and the employees of the Oversight Board. (3) Exclusions The List of Material Interested Parties may not include any person with a claim, the amount of which is below a threshold dollar amount established by the court that is consistent with the purpose of this section. (d) Review (1) In general The United States trustee shall review each verified statement submitted pursuant to subsection (b) and may file with the court comments on such verified statements before the professionals filing such statements seek compensation under section 2176 or 2177 of this title. (2) Objection The United States trustee may object to applications filed under section 2176 or 2177 of this title that fail to satisfy the requirements of subsection (b). (e) Limitation on compensation In a case commenced under section 2164 of this title January 20, 2022 (1) the professional person has failed to file the verified disclosure statements required under subsection (b)(1) or has filed inadequate disclosure statements under that subsection; or (2) during the professional persons employment in connection with the case, the professional person (A) is not a disinterested person (as defined in section 101 of title 11 (B) represents or holds an adverse interest in connection with the case. ( Pub. L. 11782,  2 Jan. 20, 2022 136 Stat. 3  Editorial Notes  References in Text The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b)(1), (3), are set out in the Appendix to Title 11, Bankruptcy. This section, referred to in subsec. (c)(3), was in the original this Act, meaning Pub. L. 11782 Jan. 20, 2022 136 Stat. 3 section 2101 of this title Codification Section was enacted as part of the Puerto Rico Recovery Accuracy in Disclosures Act of 2021, also known as PRRADA, and not as part of the Puerto Rico Oversight, Management, and Economic Stability Act, also known as PROMESA, which comprises this chapter. SUBCHAPTER IV MISCELLANEOUS PROVISIONS  2191. Rules of construction Nothing in this chapter is intended, or may be construed (1) to limit the authority of Congress to exercise legislative authority over the territories pursuant to Article IV, section 3 of the Constitution of the United States; (2) to authorize the application of section 2124(f) of this title (3) to alter, amend, or abrogate any provision of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America ( 48 U.S.C. 1801 (4) to alter, amend, or abrogate the treaties of cession regarding certain islands of American Samoa ( 48 U.S.C. 1661 ( Pub. L. 114187, title IV,  401 June 30, 2016 130 Stat. 585  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in par. (3), is contained in section 1 of Pub. L. 94241 section 1801 of this title  2192. Right of Puerto Rico to determine its future political status  Nothing in this chapter shall be interpreted to restrict Puerto Ricos right to determine its future political status, including by conducting the plebiscite as authorized by Public Law 11376 ( Pub. L. 114187, title IV,  402 June 30, 2016 130 Stat. 586  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title Public Law 11376 Pub. L. 11376 Jan. 17, 2014 128 Stat. 5 128 Stat. 61  2193. Application of regulation to Puerto Rico (a) Special rule The regulations proposed by the Secretary of Labor relating to exemptions regarding the rates of pay for executive, administrative, professional, outside sales, and computer employees, and published in a notice in the Federal Register on July 6, 2015 (1) the Comptroller General of the United States completes the assessment and transmits the report required under subsection (b); and (2) the Secretary of Labor, taking into account the assessment and report of the Comptroller General, provides a written determination to Congress that applying such rule to Puerto Rico would not have a negative impact on the economy of Puerto Rico. (b) Assessment and report Not later than two years after June 30, 2016 (c) Sense of Congress It is the sense of Congress that (1) the Bureau of the Census should conduct a study to determine the feasibility of expanding data collection to include Puerto Rico and the other United States territories in the Current Population Survey, which is jointly administered by the Bureau of the Census and the Bureau of Labor Statistics, and which is the primary source of labor force statistics for the population of the United States; and (2) if necessary, the Bureau of the Census should request the funding required to conduct this feasibility study as part of its budget submission to Congress for fiscal year 2018. ( Pub. L. 114187, title IV,  404 June 30, 2016 130 Stat. 586  2194. Automatic stay upon enactment (a) Definitions In this section: (1) Liability The term Liability means a bond, loan, letter of credit, other borrowing title, obligation of insurance, or other financial indebtedness for borrowed money, including rights, entitlements, or obligations whether such rights, entitlements, or obligations arise from contract, statute, or any other source of law related to such a bond, loan, letter of credit, other borrowing title, obligation of insurance, or other financial indebtedness in physical or dematerialized form, of which (A) the issuer, obligor, or guarantor is the Government of Puerto Rico; and (B) the date of issuance or incurrence precedes June 30, 2016 (2) Liability Claim The term Liability Claim means, as it relates to a Liability (A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (B) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured. (b) In general Except as provided in subsection (c) of this section, the establishment of an Oversight Board for Puerto Rico (i.e., the enactment of this chapter) in accordance with section 2121 of this title section 101 of title 11 (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the Government of Puerto Rico that was or could have been commenced before the enactment of this chapter, or to recover a Liability Claim against the Government of Puerto Rico that arose before the enactment of this chapter; (2) the enforcement, against the Government of Puerto Rico or against property of the Government of Puerto Rico, of a judgment obtained before the enactment of this chapter; (3) any act to obtain possession of property of the Government of Puerto Rico or of property from the Government of Puerto Rico or to exercise control over property of the Government of Puerto Rico; (4) any act to create, perfect, or enforce any lien against property of the Government of Puerto Rico; (5) any act to create, perfect, or enforce against property of the Government of Puerto Rico any lien to the extent that such lien secures a Liability Claim that arose before the enactment of this chapter; (6) any act to collect, assess, or recover a Liability Claim against the Government of Puerto Rico that arose before the enactment of this chapter; and (7) the setoff of any debt owing to the Government of Puerto Rico that arose before the enactment of this chapter against any Liability Claim against the Government of Puerto Rico. (c) Stay not operable The establishment of an Oversight Board for Puerto Rico in accordance with section 2121 of this title (1) solely under subsection (b)(1) of this section, of the continuation of, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the Government of Puerto Rico that was commenced on or before December 18, 2015 (2) of the commencement or continuation of an action or proceeding by a governmental unit to enforce such governmental units or organizations police and regulatory power, including the enforcement of a judgment other than a money judgment, obtained in an action or proceeding by the governmental unit to enforce such governmental units or organizations police or regulatory power. (d) Continuation of stay Except as provided in subsections (e), (f), and (g) the stay under subsection (b) continues until the earlier of (1) the later of (A) the later of (i)  February 15, 2017 (ii) six months after the establishment of an Oversight Board for Puerto Rico as established by section 2121(b) of this title (B) the date that is 75 days after the date in subparagraph (A) if the Oversight Board delivers a certification to the Governor that, in the Oversight Boards sole discretion, an additional 75 days are needed to seek to complete a voluntary process under subchapter VI of this chapter with respect to the government of the Commonwealth of Puerto Rico or any of its territorial instrumentalities; or (C) the date that is 60 days after the date in subparagraph (A) if the district court to which an application has been submitted under subparagraph 1 1 (2) with respect to the government of the Commonwealth of Puerto Rico or any of its territorial instrumentalities, the date on which a case is filed by or on behalf of the government of the Commonwealth of Puerto Rico or any of its territorial instrumentalities, as applicable, under subchapter III. (e) Jurisdiction, relief from stay (1) The United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction of any civil actions arising under or related to this section. (2) On motion of or action filed by a party in interest and after notice and a hearing, the United States District Court for the District of Puerto Rico, for cause shown, shall grant relief from the stay provided under subsection (b) of this section. (f) Termination of stay; hearing Forty-five days after a request under subsection (e)(2) for relief from the stay of any act against property of the Government of Puerto Rico under subsection (b), such stay is terminated with respect to the party in interest making such request, unless the court, after notice and a hearing, orders such stay continued in effect pending the conclusion of, or as a result of, a final hearing and determination under subsection (e)(2). A hearing under this subsection may be a preliminary hearing, or may be consolidated with the final hearing under subsection (e)(2). The court shall order such stay continued in effect pending the conclusion of the final hearing under subsection (e)(2) if there is a reasonable likelihood that the party opposing relief from such stay will prevail at the conclusion of such final hearing. If the hearing under this subsection is a preliminary hearing, then such final hearing shall be concluded not later than thirty days after the conclusion of such preliminary hearing, unless the thirty-day period is extended with the consent of the parties in interest or for a specific time which the court finds is required by compelling circumstances. (g) Relief to prevent irreparable damage Upon request of a party in interest, the court, with or without a hearing, shall grant such relief from the stay provided under subsection (b) as is necessary to prevent irreparable damage to the interest of an entity in property, if such interest will suffer such damage before there is an opportunity for notice and a hearing under subsection (e) or (f). (h) Act in violation of stay is void Any order, judgment, or decree entered in violation of this section and any act taken in violation of this section is void, and shall have no force or effect, and any person found to violate this section may be liable for damages, costs, and attorneys fees incurred in defending any action taken in violation of this section, and the Oversight Board or the Government of Puerto Rico may seek an order from the court enforcing the provisions of this section. (i) Government of Puerto Rico For purposes of this section, the term Government of Puerto Rico, in addition to the definition set forth in section 2104(11) of this title (1) the individuals, including elected and appointed officials, directors, officers of and employees acting in their official capacity on behalf of the Government of Puerto Rico; and (2) the Oversight Board, including the directors and officers of and employees acting in their official capacity on behalf of the Oversight Board. (j) No default under existing contracts (1) Notwithstanding any contractual provision or applicable law to the contrary and so long as a stay under this section is in effect, the holder of a Liability Claim or any other claim (as such term is defined in section 101 of title 11 (A) that is conditioned upon the financial condition of, or the commencement of a restructuring, insolvency, bankruptcy, or other proceeding (or a similar or analogous process) by, the Government of Puerto Rico, including a default or an event of default thereunder; or (B) with respect to Liability Claims (i) for the non-payment of principal or interest; or (ii) for the breach of any condition or covenant. (2) The term remedy as used in paragraph (1) shall be interpreted broadly, and shall include any right existing in law or contract, including any right to (A) setoff; (B) apply or appropriate funds; (C) seek the appointment of a custodian (as such term is defined in section 101(11) of title 11 (D) seek to raise rates; or (E) exercise control over property of the Government of Puerto Rico. (3) Notwithstanding any contractual provision or applicable law to the contrary and so long as a stay under this section is in effect, a contract to which the Government of Puerto Rico is a party may not be terminated or modified, and any right or obligation under such contract may not be terminated or modified, solely because of a provision in such contract is conditioned on (A) the insolvency or financial condition of the Government of Puerto Rico at any time prior to the enactment of this chapter; (B) the adoption of a resolution or establishment of an Oversight Board pursuant to section 2121 of this title (C) a default under a separate contract that is due to, triggered by, or a result of the occurrence of the events or matters in paragraph (1)(B). (4) Notwithstanding any contractual provision to the contrary and so long as a stay under this section is in effect, a counterparty to a contract with the Government of Puerto Rico for the provision of goods and services shall, unless the Government of Puerto Rico agrees to the contrary in writing, continue to perform all obligations under, and comply with the terms of, such contract, provided that the Government of Puerto Rico is not in default under such contract other than as a result of a condition specified in paragraph (3). (k) Effect This section does not discharge an obligation of the Government of Puerto Rico or release, invalidate, or impair any security interest or lien securing such obligation. This section does not impair or affect the implementation of any restructuring support agreement executed by the Government of Puerto Rico to be implemented pursuant to Puerto Rico law specifically enacted for that purpose prior to the enactment of this chapter or the obligation of the Government of Puerto Rico to proceed in good faith as set forth in any such agreement. (l) Payments on Liabilities Nothing in this section shall be construed to prohibit the Government of Puerto Rico from making any payment on any Liability when such payment becomes due during the term of the stay, and to the extent the Oversight Board, in its sole discretion, determines it is feasible, the Government of Puerto Rico shall make interest payments on outstanding indebtedness when such payments become due during the length of the stay. (m) Findings Congress finds the following: (1) A combination of severe economic decline, and, at times, accumulated operating deficits, lack of financial transparency, management inefficiencies, and excessive borrowing has created a fiscal emergency in Puerto Rico. (2) As a result of its fiscal emergency, the Government of Puerto Rico has been unable to provide its citizens with effective services. (3) The current fiscal emergency has also affected the long-term economic stability of Puerto Rico by contributing to the accelerated outmigration of residents and businesses. (4) A comprehensive approach to fiscal, management, and structural problems and adjustments that exempts no part of the Government of Puerto Rico is necessary, involving independent oversight and a Federal statutory authority for the Government of Puerto Rico to restructure debts in a fair and orderly process. (5) Additionally, an immediatebut temporarystay is essential to stabilize the region for the purposes of resolving this territorial crisis. (A) The stay advances the best interests common to all stakeholders, including but not limited to a functioning independent Oversight Board created pursuant to this chapter to determine whether to appear or intervene on behalf of the Government of Puerto Rico in any litigation that may have been commenced prior to the effectiveness or upon expiration of the stay. (B) The stay is limited in nature and narrowly tailored to achieve the purposes of this chapter, including to ensure all creditors have a fair opportunity to consensually renegotiate terms of repayment based on accurate financial information that is reviewed by an independent authority or, at a minimum, receive a recovery from the Government of Puerto Rico equal to their best possible outcome absent the provisions of this chapter. (6) Finally, the ability of the Government of Puerto Rico to obtain funds from capital markets in the future will be severely diminished without congressional action to restore its financial accountability and stability. (n) Purposes The purposes of this section are to (1) provide the Government of Puerto Rico with the resources and the tools it needs to address an immediate existing and imminent crisis; (2) allow the Government of Puerto Rico a limited period of time during which it can focus its resources on negotiating a voluntary resolution with its creditors instead of defending numerous, costly creditor lawsuits; (3) provide an oversight mechanism to assist the Government of Puerto Rico in reforming its fiscal governance and support the implementation of potential debt restructuring; (4) make available a Federal restructuring authority, if necessary, to allow for an orderly adjustment of all of the Government of Puerto Ricos liabilities; and (5) benefit the lives of 3.5 million American citizens living in Puerto Rico by encouraging the Government of Puerto Rico to resolve its longstanding fiscal governance issues and return to economic growth. (o) Voting on voluntary agreements not stayed Notwithstanding any provision in this section to the contrary, nothing in this section shall prevent the holder of a Liability Claim from voting on or consenting to a proposed modification of such Liability Claim under subchapter VI of this chapter. ( Pub. L. 114187, title IV,  405 June 30, 2016 130 Stat. 587  Editorial Notes  References in Text The enactment of this chapter, referred to in text, means the enactment of Pub. L. 114187 June 30, 2016 This chapter, referred to in subsec. (m)(5), was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title  2195. Protection from inter-debtor transfers (a) Protection of creditors While an Oversight Board for Puerto Rico is in existence, if any property of any territorial instrumentality of Puerto Rico is transferred in violation of applicable law under which any creditor has a valid pledge of, security interest in, or lien on such property, or which deprives any such territorial instrumentality of property in violation of applicable law assuring the transfer of such property to such territorial instrumentality for the benefit of its creditors, then the transferee shall be liable for the value of such property. (b) Enforceability A creditor may enforce rights under this section by bringing an action in the United States District Court for the District of Puerto Rico after the expiration or lifting of the stay of section 2194 of this title ( Pub. L. 114187, title IV,  407 June 30, 2016 130 Stat. 592  2196. Congressional Task Force on Economic Growth in Puerto Rico (a) Establishment There is established within the legislative branch a Congressional Task Force on Economic Growth in Puerto Rico (hereinafter referred to as the Task Force). (b) Membership The Task Force shall be composed of eight members as follows: (1) One member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on Natural Resources of the House of Representatives. (2) One member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on Ways and Means of the House of Representatives. (3) One member of the House of Representatives, who shall be appointed by the Minority Leader of the House of Representatives, in coordination with the ranking minority member of the Committee on Natural Resources of the House of Representatives. (4) One member of the House of Representatives, who shall be appointed by the Minority Leader of the House of Representatives, in coordination with the ranking minority member of the Committee on Ways and Means of the House of Representatives. (5) One member of the Senate, who shall be appointed by the Majority Leader of the Senate, in coordination with the Chairman of the Committee on Energy and Natural Resources of the Senate. (6) One member of the Senate, who shall be appointed by the Majority Leader of the Senate, in coordination with the Chairman of the Committee on Finance of the Senate. (7) One member of the Senate, who shall be appointed by the Minority Leader of the Senate, in coordination with the ranking minority member of the Committee on Energy and Natural Resources of the Senate. (8) One member of the Senate, who shall be appointed by the Minority Leader of the Senate, in coordination with the ranking minority member of the Committee on Finance of the Senate. (c) Deadline for appointment All appointments to the Task Force shall be made not later than 15 days after June 30, 2016 (d) Chair The Speaker shall designate one Member to serve as chair of the Task Force. (e) Vacancies Any vacancy in the Task Force shall be filled in the same manner as the original appointment. (f) Status update Between September 1, 2016 September 15, 2016 (1) information the Task Force has collected; and (2) a discussion on matters the chairman of the Task Force deems urgent for consideration by Congress. (g) Report Not later than December 31, 2016 (1) impediments in current Federal law and programs to economic growth in Puerto Rico including equitable access to Federal health care programs; (2) recommended changes to Federal law and programs that, if adopted, would serve to spur sustainable long-term economic growth, job creation, reduce child poverty, and attract investment in Puerto Rico; (3) the economic effect of Administrative Order No. 346 of the Department of Health of the Commonwealth of Puerto Rico (relating to natural products, natural supplements, and dietary supplements) or any successor or substantially similar order, rule, or guidance of the Commonwealth of Puerto Rico; and (4) additional information the Task Force deems appropriate. (h) Consensus views To the greatest extent practicable, the report issued under subsection (f) 1 1 (i) Hearings and sessions The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. If the Task Force holds hearings, at least one such hearing must be held in Puerto Rico. (j) Stakeholder participation In carrying out its duties, the Task Force shall consult with the Puerto Rico Legislative Assembly, the Puerto Rico Department of Economic Development and Commerce, and the private sector of Puerto Rico. (k) Resources The Task Force shall carry out its duties by utilizing existing facilities, services, and staff of the House of Representatives and Senate, except that no additional funds are authorized to be appropriated to carry out this section. (l) Termination The Task Force shall terminate upon issuing the report required under subsection (f) 1 ( Pub. L. 114187, title IV,  409 June 30, 2016 130 Stat. 593  2197. Report Not later than 18 months after June 30, 2016 (1) the conditions which led to the level of debt, which should be analyzed, per capita and based upon overall economic activity; (2) how actions of the territorial government improved or impaired the territorys financial conditions; and (3) recommendations on non-fiscal actions, or policies that would not imperil Americas homeland and national security, that could be taken by Congress or the Administration to avert future indebtedness of territories, while respecting sovereignty and constitutional parameters. ( Pub. L. 114187, title IV,  410 June 30, 2016 130 Stat. 594  2198. Report on territorial debt (a) Report required Not later than one year after June 30, 2016 (1) the historical levels of each territorys public debt, current amount and composition of each territorys public debt, and future projections of each territorys public debt; (2) the historical levels of each territorys revenue, current amount and composition of each territorys revenue, and future projections of each territorys revenue; (3) the drivers and composition of each territorys public debt; (4) the effect of Federal laws, mandates, rules, and regulations on each territorys public debt; and (5) the ability of each territory to repay its 1 1 (b) Materials The government of each territory shall make available to the Comptroller General of the United States all materials necessary to carry out this section. ( Pub. L. 114187, title IV,  411 June 30, 2016 130 Stat. 594  2199. Expansion of HUBZones in Puerto Rico (a) Omitted (b) Improving oversight (1) Guidance Not later than 270 days after June 30, 2016 1 1 (2) Assessment Not later 1 year after the date on which the criteria and guidance described in paragraph (1) is implemented, the Comptroller General of the United States shall begin an assessment of such criteria and guidance. Not later than 6 months after beginning such an assessment, the Comptroller General shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that includes (A) an assessment of the criteria and guidance issued by the Administrator of the Small Business Administration in accordance with paragraph (1); (B) an assessment of the implementation of the criteria and guidance issued by issued by 1 1 (C) an assessment as to whether these measures have successfully ensured that only qualified HUBZone small business concerns are participating in the HUBZone program under section 657a of title 15 (D) an assessment as to whether the reforms made by the criteria and guidance implemented under paragraph (1) have resulted in job creation in the Commonwealth of Puerto Rico; and (E) recommendations on how to improve controls in the HUBZone program. ( Pub. L. 114187, title IV,  412 June 30, 2016 130 Stat. 595  Editorial Notes  References in Text Section 632(p)(5) of title 15 section 657a(b)(5) of Title 15 Pub. L. 11591, div. A, title XVII,  1701(a)(2) Dec. 12, 2017 131 Stat. 1795 Codification Section is comprised of section 412 of Pub. L. 114187 section 412 of Pub. L. 114187 section 632 of Title 15 section 412 of Pub. L. 114187 section 632 of Title 15  2200. Determination on debt Nothing in this chapter shall be interpreted to restrict (1) the ability of the Puerto Rico Commission for the Comprehensive Audit of the Public Credit to file its reports; or (2) the review and consideration of the Puerto Rico Commissions findings by Puerto Ricos government or an Oversight Board for Puerto Rico established under section 2121 of this title ( Pub. L. 114187, title IV,  413 June 30, 2016 130 Stat. 596  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 114187 June 30, 2016 130 Stat. 549 section 2101 of this title SUBCHAPTER V PUERTO RICO INFRASTRUCTURE REVITALIZATION  2211. Definitions In this subchapter: (1) Act 76 The term Act 76 means Puerto Rico Act 762000 (3 L.P.R.A. 1931 et seq.), approved on May 5, 2000 (2) Critical Project The term Critical Project means a project identified under the provisions of this subchapter and intimately related to addressing an emergency whose approval, consideration, permitting, and implementation shall be expedited and streamlined according to the statutory process provided by Act 76, or otherwise adopted pursuant to this subchapter. (3) Energy Commission of Puerto Rico The term Energy Commission of Puerto Rico means the Puerto Rico Energy Commission as established by Subtitle B of Puerto Rico Act 572014. (4) Energy Projects The term Energy Projects means those projects addressing the generation, distribution, or transmission of energy. (5) Emergency The term emergency means any event or grave problem of deterioration in the physical infrastructure for the rendering of essential services to the people, or that endangers the life, public health, or safety of the population or of a sensitive ecosystem, or as otherwise defined by section 1 of Act 76 (3 L.P.R.A. 1931). This shall include problems in the physical infrastructure for energy, water, sewer, solid waste, highways or roads, ports, telecommunications, and other similar infrastructure. (6) Environmental Quality Board The term Environmental Quality Board means the Puerto Rico Environmental Quality Board, a board within the executive branch of the Government of Puerto Rico as established by section 7 of Puerto Rico Act 4162004 (12 L.P.R.A. 8002a). (7) Expedited Permitting Process The term Expedited Permitting Process means a Puerto Rico Agencys alternate procedures, conditions, and terms mirroring those established under Act 76 (3 L.P.R.A. 1932) and pursuant to this subchapter shall not apply to any Federal law, statute, or requirement. (8) Governor The term Governor means the Governor of Puerto Rico. (9) Interagency Environmental Subcommittee The term Interagency Environmental Subcommittee means the Interagency Subcommittee on Expedited Environmental Regulations as further described by section 2214 of this title (10) Legislature The term Legislature means the Legislature of Puerto Rico. (11) Planning Board The term Planning Board means the Puerto Rico Planning Board, a board within the executive branch of the Government of Puerto Rico established by Puerto Rico Act 751975 (23 L.P.R.A. 62 et seq.). (12) Project Sponsor The term Project Sponsor means a Puerto Rico Agency or private party proposing the development of an existing, ongoing, or new infrastructure project or Energy Project. (13) Puerto Rico Agency or Agencies The terms Puerto Rico Agency or Puerto Rico Agencies means any board, body, board of examiners, public corporation, commission, independent office, division, administration, bureau, department, authority, official, person, entity, municipality, or any instrumentality of Puerto Rico, or an administrative body authorized by law to perform duties of regulating, investigating, or that may issue a decision, or with the power to issue licenses, certificates, permits, concessions, accreditations, privileges, franchises, except the Senate and the House of Representatives of the Legislature and the judicial branch. (14) Puerto Rico Electric Power Authority The term Puerto Rico Electric Power Authority means the Puerto Rico Electric Power Authority established by Puerto Rico Act 831941. ( Pub. L. 114187, title V,  501 June 30, 2016 130 Stat. 596  2212. Position of Revitalization Coordinator (a) Establishment There is established, under the Oversight Board, the position of the Revitalization Coordinator. (b) Appointment (1) In general The Revitalization Coordinator shall be appointed by the Governor as follows: (A) Prior to the appointment of the Revitalization Coordinator and within 60 days of the appointment of the full membership of the Oversight Board, the Oversight Board shall submit to the Governor no less than three nominees for appointment. (B) In consultation with the Oversight Board, not later than 10 days after receiving the nominations under subparagraph (A), the Governor shall appoint one of the nominees as the Revitalization Coordinator. Such appointment shall be effective immediately. (C) If the Governor fails to select a Revitalization Coordinator, the Oversight Board shall, by majority vote, appoint a Revitalization Coordinator from the list of nominees provided under paragraph (A). (2) Qualifications In selecting nominees under paragraph (1)(A), the Oversight Board shall only nominate persons who (A) have substantial knowledge and expertise in the planning, predevelopment, financing, development, operations, engineering, or market participation of infrastructure projects, provided that stronger consideration may be given to candidates who have experience with Energy Projects and the laws and regulations of Puerto Rico that may be subject to an Expedited Permitting Process; (B) does 1 1 2 2 (C) shall not be an officer, employee of, or former officer or employee of the government of Puerto Rico in the preceding 3 calendar years. (3) Compensation The Revitalization Coordinator shall be compensated at an annual rate determined by the Oversight Board sufficient in the judgment of the Oversight Board to obtain the services of a person with the skills and experience required to discharge the duties of the position, but such compensation shall not exceed the annual salary of the Executive Director. (c) Assignment of personnel The Executive Director of the Oversight Board may assign Oversight Board personnel to assist the Revitalization Coordinator. (d) Removal (1) In general The Revitalization Coordinator may be removed for any reason, in the Oversight Boards discretion. (2) Termination of position Upon the termination of the Oversight Board pursuant to section 2149 of this title ( Pub. L. 114187, title V,  502 June 30, 2016 130 Stat. 597  2213. Critical Projects (a) Identification of projects (1) Project submission Any Project Sponsor may submit, so long as the Oversight Board is in operation, any existing, ongoing, or proposed project to the Revitalization Coordinator. The Revitalization Coordinator shall require such submission to include (A) the impact the project will have on an emergency; (B) the availability of immediate private capital or other funds, including loan guarantees, loans, or grants to implement, operate, or maintain the project; (C) the cost of the project and amount of Puerto Rico government funds, if any, necessary to complete and maintain the project; (D) the environmental and economic benefits provided by the project, including the number of jobs to be created that will be held by residents of Puerto Rico and the expected economic impact, including the impact on ratepayers, if applicable; (E) the status of the project if it is existing or ongoing; and (F) in addition to the requirements found in subparagraphs (A) through (E), the Revitalization Coordinator may require such submission to include any or all of the following criteria that assess how the project will (i) reduce reliance on oil for electric generation in Puerto Rico; (ii) improve performance of energy infrastructure and overall energy efficiency; (iii) expedite the diversification and conversion of fuel sources for electric generation from oil to natural gas and renewables in Puerto Rico as defined under applicable Puerto Rico laws; (iv) promote the development and utilization of energy sources found on Puerto Rico; (v) contribute to transitioning to privatized generation capacities in Puerto Rico; (vi) support the Energy Commission of Puerto Rico in achievement of its goal of reducing energy costs and ensuring affordable energy rates for consumers and business; or (vii) achieve in whole or in part the recommendations, if feasible, of the study in section 505(d) of this title 1 1 (2) Identification of relevant Puerto Rico Agencies Within 20 days of receiving a project submission under paragraph (1), the Revitalization Coordinator shall, in consultation with the Governor, identify all Puerto Rico Agencies that will have a role in the permitting, approval, authorizing, or other activity related to the development of such project submission. (3) Expedited Permitting Process (A) Submission of Expedited Permitting Process Not later than 20 days after receiving a project submission, each Puerto Rico Agency identified in paragraph (1) shall submit to the Revitalization Coordinator the Agencys Expedited Permitting Process. (B) Failure to provide Expedited Permitting Process If a Puerto Rico Agency fails to provide an Expedited Permitting Process within 20 days of receiving a project submission, the Revitalization Coordinator shall consult with the Governor to develop within 20 days an Expedited Permitting Process for the Agency. (C) Implementation and prioritization The Revitalization Coordinator shall require Puerto Rico Agencies to implement the Expedited Permitting Process for Critical Projects. Critical Projects shall be prioritized to the maximum extent possible in each Puerto Rico Agency regardless of any agreements transferring or delegating permitting authority to any other Territorial Instrumentality or municipality. (b) Critical Project Report (1) In general For each submitted project, the Revitalization Coordinator in consultation with the Governor and relevant Puerto Rico Agencies identified in subsection (a)(2) shall develop a Critical Project Report within 60 days of the project submission, which shall include: (A) An assessment of how well the project meets the criteria in subsection (a)(1). (B) A recommendation by the Governor whether the project should be considered a Critical Project. If the Governor fails to provide a recommendation during the development of the Critical Project Report, the failure shall constitute a concurrence with the Revitalization Coordinators recommendation in subparagraph (E). (C) In the case of a project that may affect the implementation of Land-Use Plans, as defined by Puerto Rico Act 5502004, a determination by the Planning Board will be required within the 60-day timeframe. If the Planning Board determines such project will be inconsistent with relevant Land-Use Plans, then the project will be deemed ineligible for Critical Project designation. (D) In the case of an Energy Project that will connect with the Puerto Rico Electric Power Authoritys transmission or distribution facilities, a recommendation by the Energy Commission of Puerto Rico, if the Energy Commission determines such Energy Project will affect an approved Integrated Resource Plan, as defined under Puerto Rico Act 542014. If the Energy Commission determines the Energy Project will adversely affect an approved Integrated Resource Plan, then the Energy Commission shall provide the reasons for such determination and the Energy Project shall be ineligible for Critical Project designation, provided that such determination must be made during the 60-day timeframe for the development of the Critical Project Report. (E) A recommendation by the Revitalization Coordinator whether the project should be considered a Critical Project. (2) Public involvement Immediately following the completion of the Critical Project Report, the Revitalization Coordinator shall make such Critical Project Report public and allow a period of 30 days for the submission of comments by residents of Puerto Rico specifically on matters relating to the designation of a project as a Critical Project. The Revitalization Coordinator shall respond to the comments within 30 days of closing the coming 2 2 (3) Submission to Oversight Board Not later than 5 days after the Revitalization Coordinator has responded to the comments under paragraph (2), the Revitalization Coordinator shall submit the Critical Project Report to the Oversight Board. (c) Action by the Oversight Board Not later than 30 days after receiving the Critical Project Report, the Oversight Board, by majority vote, shall approve or disapprove the project as a Critical Project, if the Oversight Board (1) approves the project, the project shall be deemed a Critical Project; and (2) disapproves the project, the Oversight Board shall submit to the Revitalization Coordinator in writing the reasons for disapproval. ( Pub. L. 114187, title V,  503 June 30, 2016 130 Stat. 598  Editorial Notes  References in Text Section 505(d) of this title section 505(d) of title V of Pub. L. 114187 June 30, 2016 130 Stat. 602 section 1492a of this title  2214. Miscellaneous provisions (a) Creation of Interagency Environmental Subcommittee (1) Establishment Not later than 60 days after the date on which the Revitalization Coordinator is appointed, the Interagency Environmental Subcommittee shall be established and shall evaluate environmental documents required under Puerto Rico law for any Critical Project within the Expedited Permitting Process established by the Revitalization Coordinator under section 2213(a)(3) of this title (2) Composition The Interagency Environmental Subcommittee shall consist of the Revitalization Coordinator, and a representative selected by the Governor in consultation with the Revitalization Coordinator representing each of the following agencies: The Environmental Quality Board, the Planning Board, the Puerto Rico Department of Natural and Environmental Resources, and any other Puerto Rico Agency determined to be relevant by the Revitalization Coordinator. (b) Length of Expedited Permitting Process With respect to a Puerto Rico Agencys activities related only to a Critical Project, such Puerto Rico Agency shall operate as if the Governor has declared an emergency pursuant to section 2 of Act 76 (3 L.P.R.A. 1932). Section 12 of Act 76 (3 L.P.R.A. 1942) shall not be applicable to Critical Projects. Furthermore, any transactions, processes, projects, works, or programs essential to the completion of a Critical Project shall continue to be processed and completed under such Expedited Permitting Process regardless of the termination of the Oversight Board under section 2149 of this title (c) Expedited Permitting Process compliance (1) Written notice A Critical Project Sponsor may in writing notify the Oversight Board of the failure of a Puerto Rico Agency or the Revitalization Coordinator to adhere to the Expedited Permitting Process. (2) Finding of failure If the Oversight Board finds either the Puerto Rico Agency or Revitalization Coordinator has failed to adhere to the Expedited Permitting Process, the Oversight Board shall direct the offending party to comply with the Expedited Permitting Process. The Oversight Board may take such enforcement action as necessary as provided by section 2124( l (d) Review of Legislature acts (1) Submission of acts to Oversight Board Pursuant to section 2144(a) of this title (2) Finding of Oversight Board Upon receipt of a law under paragraph (1), the Oversight Board shall promptly review whether the law would adversely impact the Expedited Permitting Process and, upon such a finding, the Oversight Board may deem such law to be significantly inconsistent with the applicable Fiscal Plan. (e) Establishment of certain terms and conditions No Puerto Rico Agency may include in any certificate, right-of-way, permit, lease, or other authorization issued for a Critical Project any term or condition that may be permitted, but is not required, by any applicable Puerto Rico law, if the Revitalization Coordinator determines the term or condition would prevent or impair the expeditious construction, operation, or expansion of the Critical Project. The Revitalization Coordinator may request a Puerto Rico Agency to include in any certificate, right-of-way, permit, lease, or other authorization, a term or condition that may be permitted in accordance with applicable laws if the Revitalization Coordinator determines such inclusion would support the expeditious construction, operation, or expansion of any Critical Project. (f) Disclosure All Critical Project reports, and justifications for approval or rejection of Critical Project status, shall be made publicly available online within 5 days of receipt or completion. ( Pub. L. 114187, title V,  504 June 30, 2016 130 Stat. 601  2215. Federal agency requirements (a) Federal Points of Contact At the request of the Revitalization Coordinator and within 30 days of receiving such a request, each Federal agency with jurisdiction over the permitting, or administrative or environmental review of private or public projects in Puerto Rico, shall name a Point of Contact who will serve as that agencys liaison with the Revitalization Coordinator. (b) Federal grants and loans For each Critical Project with a pending or potential Federal grant, loan, or loan guarantee application, the Revitalization Coordinator and the relevant Point of Contact shall cooperate with each other to ensure expeditious review of such application. (c) Expedited reviews and actions of Federal agencies All reviews conducted and actions taken by any Federal agency relating to a Critical Project shall be expedited in a manner consistent with completion of the necessary reviews and approvals by the deadlines under the Expedited Permitting Process, but in no way shall the deadlines established through the Expedited Permitting Process be binding on any Federal agency. ( Pub. L. 114187, title V,  505 June 30, 2016 130 Stat. 602  Editorial Notes Codification Section is comprised of section 505 of Pub. L. 114187 section 505 of Pub. L. 114187 section 1492a of this title  2216. Judicial review (a) Deadline for filing of a claim A claim arising under this subchapter must be brought no later than 30 days after the date of the decision or action giving rise to the claim. (b) Expedited consideration The District Court for the District of Puerto Rico shall set any action brought under this subchapter for expedited consideration, taking into account the interest of enhancing Puerto Ricos infrastructure for electricity, water and sewer services, roads and bridges, ports, and solid waste management to achieve compliance with local and Federal environmental laws, regulations, and policies while ensuring the continuity of adequate services to the people of Puerto Rico and Puerto Ricos sustainable economic development. ( Pub. L. 114187, title V,  506 June 30, 2016 130 Stat. 602  2217. Savings clause  Nothing in this subchapter is intended to change or alter any Federal legal requirements or laws. ( Pub. L. 114187, title V,  507 June 30, 2016 130 Stat. 603 SUBCHAPTER VI CREDITOR COLLECTIVE ACTION  2231. Creditor collective action (a) Definitions In this subchapter: (1) Administrative Supervisor The term Administrative Supervisor means the Oversight Board established under section 2121 of this title (2) Authorized Territorial Instrumentality The term Authorized Territorial Instrumentality means a covered territorial instrumentality authorized in accordance with subsection (e). (3) Calculation Agent The term Calculation Agent means a calculation agent appointed in accordance with subsection (k). (4) Capital Appreciation Bond The term Capital Appreciation Bond means a Bond that does not pay interest on a current basis, but for which interest amounts are added to principal over time as specified in the relevant offering materials for such Bond, including that the accreted interest amount added to principal increases daily. (5) Convertible Capital Appreciation Bond The term Convertible Capital Appreciation Bond means a Bond that does not pay interest on a current basis, but for which interest amounts are added to principal over time as specified in the relevant offering materials and which converts to a current pay bond on a future date. (6) Information Agent The term Information Agent means an information agent appointed in accordance with subsection ( l (7) Insured Bond The term Insured Bond means a bond subject to a financial guarantee or similar insurance contract, policy or surety issued by a monoline insurer. (8) Issuer The term Issuer means, as applicable, the Territory Government Issuer or an Authorized Territorial Instrumentality that has issued or guaranteed at least one Bond that is Outstanding. (9) Modification The term Modification means any modification, amendment, supplement or waiver affecting one or more series of Bonds, including those effected by way of exchange, repurchase, conversion, or substitution. (10) Outstanding The term Outstanding, in the context of the principal amount of Bonds, shall be determined in accordance with subsection (b). (11) Outstanding Principal The term Outstanding Principal means (A) for a Bond that is not a Capital Appreciation Bond or a Convertible Capital Appreciation Bond, the outstanding principal amount of such Bond; and (B) for a Bond that is a Capital Appreciation Bond or a Convertible Capital Appreciation Bond, the current accreted value of such Capital Appreciation Bond or a Convertible Capital Appreciation Bond, as applicable. (12) Pool The term Pool means a pool established in accordance with subsection (d). (13) Qualifying Modification The term Qualifying Modification means a Modification proposed in accordance with subsection (g). (14) Secured Pool The term Secured Pool means a Pool established in accordance with subsection (d) consisting only of Bonds that are secured by a lien on property, provided that the inclusion of a Bond Claim in such Pool shall not in any way limit or prejudice the right of the Issuer, the Administrative Supervisor, or any creditor to recharacterize or challenge such Bond Claim, or any purported lien securing such Bond Claim, in any other manner in any subsequent proceeding in the event a proposed Qualifying Modification is not consummated. (15) Territory Government Issuer The term Territory Government Issuer means the Government of Puerto Rico or such covered territory for which an Oversight Board has been established pursuant to section 2121 of this title (b) Outstanding Bonds In determining whether holders of the requisite principal amount of Outstanding Bonds have voted in favor of, or consented to, a proposed Qualifying Modification, a Bond will be deemed not to be outstanding, and may not be counted in a vote or consent solicitation for or against a proposed Qualifying Modification, if on the record date for the proposed Qualifying Modification (1) the Bond has previously been cancelled or delivered for cancellation or is held for reissuance but has not been reissued; (2) the Bond has previously been called for redemption in accordance with its terms or previously become due and payable at maturity or otherwise and the Issuer has previously satisfied its obligation to make, or provide for, all payments due in respect of the Bond in accordance with its terms; (3) the Bond has been substituted with a security of another series; or (4) the Bond is held by the Issuer or by an Authorized Territorial Instrumentality of the Territory Government Issuer or by a corporation, trust or other legal entity that is controlled by the Issuer or an Authorized Territorial Instrumentality of the Territory Government Issuer, as applicable. For purposes of this subsection, a corporation, trust or other legal entity is controlled by the Issuer or by an Authorized Territorial Instrumentality of the Territory Government Issuer if the Issuer or an Authorized Territorial Instrumentality of the Territory Government Issuer, as applicable, has the power, directly or indirectly, through the ownership of voting securities or other ownership interests, by contract or otherwise, to direct the management of or elect or appoint a majority of the board of directors or other persons performing similar functions in lieu of, or in addition to, the board of directors of that legal entity. (c) Certification of disenfranchised Bonds Prior to any vote on, or consent solicitation for, a Qualifying Modification, the Issuer shall deliver to the Calculation Agent a certificate signed by an authorized representative of the Issuer specifying any Bonds that are deemed not to be Outstanding for the purpose of subsection (b) above. (d) Determination of Pools for voting The Administrative Supervisor, in consultation with the Issuer, shall establish Pools in accordance with the following: (1) Not less than one Pool shall be established for each Issuer. (2) A Pool that contains one or more Bonds that are secured by a lien on property shall be a Secured Pool. (3) The Administrative Supervisor shall establish Pools according to the following principles: (A) For each Issuer that has issued multiple Bonds that are distinguished by specific provisions governing priority or security arrangements, including Bonds that have been issued as general obligations of the Territory Government Issuer to which the Territory Government Issuer pledged the full or good faith, credit, and taxing power of the Territory Government Issuer, separate Pools shall be established corresponding to the relative priority or security arrangements of each holder of Bonds against each Issuer, as applicable, provided, however, that the term priority as used in this section shall not be understood to mean differing payment or maturity dates. (B) For each Issuer that has issued senior and subordinated Bonds, separate Pools shall be established for the senior and subordinated Bonds corresponding to the relative priority or security arrangements. (C) For each Issuer that has issued multiple Bonds, for at least some of which a guarantee of repayment has been provided by the Territory Government Issuer, separate Pools shall be established for such guaranteed and non-guaranteed Bonds. (D) Subject to the other requirements contained in this section, for each Issuer that has issued multiple Bonds, for at least some of which a dedicated revenue stream has been pledged for repayment, separate Pools for such Issuer shall be established as follows (i) for each dedicated revenue stream that has been pledged for repayment, not less than one Secured Pool for Bonds for which such revenue stream has been pledged, and separate Secured Pools shall be established for Bonds of different priority; and (ii) not less than one Pool for all other Bonds issued by the Issuer for which a dedicated revenue stream has not been pledged for repayment. (E) The Administrative Supervisor shall not place into separate Pools Bonds of the same Issuer that have identical rights in security or priority. (4) Notwithstanding the preceding provisions of this subsection, solely with respect to a preexisting voluntary agreement as described in section 2124(i)(3) of this title (A) holders of a majority in amount of all uninsured bonds outstanding in the modified Pool; and (B) holders (including insurers with power to vote) of a majority in amount of all Insured Bonds. (e) Authorization of Territory Instrumentalities A covered territorial instrumentality is an Authorized Territorial Instrumentality if it has been specifically authorized to be eligible to avail itself of the procedures under this section by the Administrative Supervisor. (f) Information delivery requirement Before solicitation of acceptance or rejection of a Modification under subsection (h), the Issuer shall provide to the Calculation Agent, the Information Agent, and the Administrative Supervisor, the following information (1) a description of the Issuers economic and financial circumstances which are, in the Issuers opinion, relevant to the request for the proposed Qualifying Modification, a description of the Issuers existing debts, a description of the impact of the proposed Qualifying Modification on the territorys or its territorial instrumentalities public debt; (2) if the Issuer is seeking Modifications affecting any other Pools of Bonds of the Territory Government Issuer or its Authorized Territorial Instrumentalities, a description of such other Modifications; (3) if a Fiscal Plan with respect to such Issuer has been certified, the applicable Fiscal Plan certified in accordance with section 2141 of this title (4) such other information as may be required under applicable securities laws. (g) Qualifying Modification A Modification is a Qualifying Modification if one of the following processes has occurred: (1) Consultation process (A) the Issuer proposing the Modification has consulted with holders of Bonds in each Pool of such Issuer prior to soliciting a vote on such Modification; (B) each exchanging, repurchasing, converting, or substituting holder of Bonds of any series in a Pool affected by that Modification is offered the same amount of consideration per amount of principal, the same amount of consideration per amount of interest accrued but unpaid and the same amount of consideration per amount of past due interest, respectively, as that offered to each other exchanging, repurchasing, converting, or substituting holder of Bonds of any series in a Pool affected by that Modification (or, where a menu of instruments or other consideration is offered, each exchanging, repurchasing, converting, or substituting holder of Bonds of any series in a Pool affected by that Modification is offered the same amount of consideration per amount of principal, the same amount of consideration per amount of interest accrued but unpaid and the same amount of consideration per amount of past due interest, respectively, as that offered to each other exchanging, repurchasing, converting, or substituting holder of Bonds of any series in a Pool affected by that Modification electing the same option under such menu of instruments); and (C) the Modification is certified by the Administrative Supervisor as being consistent with the requirements set forth in section 2124(i)(1) of this title (2) Voluntary agreement process The Administrative Supervisor has issued a certification that (A) the requirements set forth in section 2124(i)(2) of this title (B) the Modification is consistent with a restructuring support or similar agreement to be implemented pursuant to the law of the covered territory executed by the Issuer prior to the establishment of an Oversight Board for the relevant territory. (h) Solicitation (1) Upon receipt of a certification from the Administrative Supervisor under subsection (g), the Information Agent shall, if practical and except as provided in paragraph (2), submit to the holders of any Outstanding Bonds of the relevant Issuer, including holders of the right to vote such Outstanding Bonds, the information submitted by the relevant Issuer under subsection (f)(1) in order to solicit the vote of such holders to approve or reject the Qualifying Modification. (2) If the Information Agent is unable to identify the address of holders of any Outstanding Bonds of the relevant Issuer, the Information Agent may solicit the vote or consent of such holders by (A) delivering the solicitation to the paying agent for any such Issuer or Depository Trust Corporation if it serves as the clearing system for any of the Issuers Outstanding Bonds; or (B) delivering or publishing the solicitation by whatever additional means the Information Agent, after consultation with the Issuer, deems necessary and appropriate in order to make a reasonable effort to inform holders of any Outstanding Bonds of the Issuer which may include, notice by mail, publication in electronic media, publication on a website of the Issuer, or publication in newspapers of national circulation in the United States and in a newspaper of general circulation in the territory. (i) Who may propose a Modification For each Issuer, a Modification may be proposed to the Administrative Supervisor by the Issuer or by one or more holders of the right to vote the Issuers Outstanding Bonds. To the extent a Modification proposed by one or more holders of the right to vote Outstanding Bonds otherwise complies with the requirements of this subchapter, the Administrative Supervisor may accept such Modification on behalf of the Issuer, in which case the Administrative Supervisor will instruct the Issuer to provide the information required in subsection (f). (j) Voting For each Issuer, any Qualifying Modification may be made with the affirmative vote of the holders of the right to vote at least two-thirds of the Outstanding Principal amount of the Outstanding Bonds in each Pool that have voted to approve or reject the Qualifying Modification, provided that holders of the right to vote not less than a majority of the aggregate Outstanding Principal amount of all the Outstanding Bonds in each Pool have voted to approve the Qualifying Modification. The holder of the right to vote the Outstanding Bonds that are Insured Bonds shall be the monoline insurer insuring such Insured Bond to the extent such insurer is granted the right to vote Insured Bonds for purposes of directing remedies or consenting to proposed amendments or modifications as provided in the applicable documents pursuant to which such Insured Bond was issued and insured. (k) Calculation Agent For the purpose of calculating the principal amount of the Bonds of any series eligible to participate in such a vote or consent solicitation and tabulating such votes or consents, the Territory Government Issuer may appoint a Calculation Agent for each Pool reasonably acceptable to the Administrative Supervisor. (l) Information Agent For the purpose of administering a vote of holders of Bonds, including the holders of the right to vote such Bonds, or seeking the consent of holder 1 1 (m) Binding effect (1) A Qualifying Modification will be conclusive and binding on all holders of Bonds whether or not they have given such consent, and on all future holders of those Bonds whether or not notation of such Qualifying Modification is made upon the Bonds, if (A) the holders of the right to vote the Outstanding Bonds in every Pool of the Issuer pursuant to subsection (j) have consented to or approved the Qualifying Modification; (B) the Administrative Supervisor certifies that (i) the voting requirements of this section have been satisfied; (ii) the Qualifying Modification complies with the requirements set forth in section 2124(i)(1) of this title (iii) except for such conditions that have been identified in the Qualifying Modification as being non-waivable, any conditions on the effectiveness of the Qualifying Modification have been satisfied or, in the Administrative Supervisors sole discretion, satisfaction of such conditions has been waived; (C) with respect to a Bond Claim that is secured by a lien on property and with respect to which the holder of such Bond Claim has rejected or not consented to the Qualifying Modification, the holder of such Bond (i) retains the lien securing such Bond Claims; or (ii) receives on account of such Bond Claim, through deferred cash payments, substitute collateral, or otherwise, at least the equivalent value of the lesser of the amount of the Bond Claim or of the collateral securing such Bond Claim; and (D) the district court for the territory or, for any territory that does not have a district court, the United States District Court for the District of Hawaii, has, after reviewing an application submitted to it by the applicable Issuer for an order approving the Qualifying Modification, entered an order that the requirements of this section have been satisfied. (2) Upon the entry of an order under paragraph (1)(D), the conclusive and binding Qualifying Modification shall be valid and binding on any person or entity asserting claims or other rights, including a beneficial interest (directly or indirectly, as principal, agent, counterpart, subrogee, insurer or otherwise) in respect of Bonds subject to the Qualifying Modification, any trustee, any collateral agent, any indenture trustee, any fiscal agent, and any bank that receives or holds funds related to such Bonds. All property of an Issuer for which an order has been entered under paragraph (1)(D) shall vest in the Issuer free and clear of all claims in respect of any Bonds of any other Issuer. Such Qualifying Modification will be full, final, complete, binding, and conclusive as to the territorial government Issuer, other territorial instrumentalities of the territorial government Issuer, and any creditors of such entities, and should not be subject to any collateral attack or other challenge by any such entities in any court or other forum. Other than as provided herein, the foregoing shall not prejudice the rights and claims of any party that insured the Bonds, including the right to assert claims under the Bonds as modified following any payment under the insurance policy, and no claim or right that may be asserted by any party in a capacity other than holder of a Bond affected by the Qualifying Modification shall be satisfied, released, discharged, or enjoined by this provision. (n) Judicial review (1) The district court for the territory or, for any territory that does not have a district court, the United States District Court for the District of Hawaii shall have original and exclusive jurisdiction over civil actions arising under this section. (2) Notwithstanding section 2126(e) of this title (3) The district court shall nullify a Modification and any effects on the rights of the holders of Bonds resulting from such Modification if and only if the district court determines that such Modification is manifestly inconsistent with this section. ( Pub. L. 114187, title VI,  601 June 30, 2016 130 Stat. 603  2232. Applicable law  In any judicial proceeding regarding this subchapter, Federal, State, or territorial laws of the United States, as applicable, shall govern and be applied without regard or reference to any law of any international or foreign jurisdiction. ( Pub. L. 114187, title VI,  602 June 30, 2016 130 Stat. 609 SUBCHAPTER VII SENSE OF CONGRESS REGARDING PERMANENT, PRO-GROWTH FISCAL REFORMS  2241. Sense of Congress regarding permanent, pro-growth fiscal reforms  It is the sense of the Congress that any durable solution for Puerto Ricos fiscal and economic crisis should include permanent, pro-growth fiscal reforms that feature, among other elements, a free flow of capital between possessions of the United States and the rest of the United States. ( Pub. L. 114187, title VII,  701 June 30, 2016 130 Stat. 610