I 

110TH CONGRESS 

1ST SESSION H. R. 2705 

To amend the Compact of Free Association Amendments Act of 2003, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2007 

Mrs. CHRISTENSEN (for herself, Mr. FALEOMAVAEGA, Mr. FORTUN ̃O, and Ms. 

BORDALLO) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To amend the Compact of Free Association Amendments 

Act of 2003, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Compacts of Free As5 sociation Amendments Act of 2007’’. 

6 SEC. 2. APPROVAL OF AGREEMENTS. 

7 (a) IN GENERAL.—Section 101 of the Compact of 

8 Free Association Amendments Act of 2003 (48 U.S.C. 

9 1921) is amended— 


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1 (1) in the first sentence of subsection (a), by in2 serting before the period at the end the following: ‘‘, 

3 including Article X of the Federal Programs and 

4 Services Agreement Between the Government of the 

5 United States and the Government of the Federated 

6 States of Micronesia, as amended under the Agree7 ment to Amend Article X that was signed by those 

8 two Governments on June 30, 2004, which shall 

9 serve as the authority to implement the provisions 

10 thereof’’; and 

11 (2) in the first sentence of subsection (b), by in12 serting before the period at the end the following: ‘‘, 

13 including Article X of the Federal Programs and 

14 Services Agreement Between the Government of the 

15 United States and the Government of the Republic 

16 of the Marshall Islands, as amended under the 

17 Agreement to Amend Article X that was signed by 

18 those two Governments on June 18, 2004, which 

19 shall serve as the authority to implement the provi20 sions thereof’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall be effective as of January 31, 2008. 

23 SEC. 3. FUNDS TO FACILITATE FEDERAL ACTIVITIES. 

24 Unobligated amounts appropriated before the date of 

25 the enactment of this Act pursuant to section 


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1 105(f)(1)(A)(ii) of the Compact of Free Association 

2 Amendments Act of 2003 shall be available to both the 

3 United States Agency for International Development and 

4 the Federal Emergency Management Agency to facilitate 

5 each agency’s activities under the Federal Programs and 

6 Services Agreements. 

7 SEC. 4. CONFORMING AMENDMENT. 

8 (a) IN GENERAL.—Section 105(f)(1)(A) of the Com9 pact of Free Association Amendments Act of 2003 (48 

10 U.S.C. 1921d(f)(1)(A)) is amended to read as follows: 

11 ‘‘(A) EMERGENCY AND DISASTER ASSIST12 ANCE.— 

13 ‘‘(i) IN GENERAL.—Subject to clause 

14 (ii), section 221(a)(6) of the U.S.–FSM 

15 Compact and section 221(a)(5) of the 

16 U.S.–RMI Compact shall each be con17 strued and applied in accordance with the 

18 two Agreements to Amend Article X of the 

19 Federal Programs and Service Agreements 

20 signed on June 30, 2004, and on June 18, 

21 2004, respectively, provided that all activi22 ties carried out by the United States Agen23 cy for International Development and the 

24 Federal Emergency Management Agency 

25 under Article X of the Federal Programs 


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1 and Services Agreements may be carried 

2 out notwithstanding any other provision of 

3 law. In the sections referred to in this 

4 clause, the term ‘United States Agency for 

5 International Development, Office of For6 eign Disaster Assistance’ shall be con7 strued to mean ‘the United States Agency 

8 for International Development’. 

9 ‘‘(ii) DEFINITION OF WILL PROVIDE

10 FUNDING.—In the second sentence of 

11 paragraph 12 of each of the Agreements 

12 described in clause (i), the term ‘will pro13 vide funding’ means will provide funding 

14 through a transfer of funds using Stand15 ard Form 1151 or a similar document or 

16 through an interagency, reimbursable 

17 agreement.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 subsection (a) shall be effective as of January 31, 2008. 

20 SEC. 5. CLARIFICATIONS REGARDING PALAU. 

21 Section 105(f)(1)(B) of the Compact of Free Associa22 tion Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) 

23 is amended— 


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1 (1) in clause (ii)(II), by striking ‘‘and its terri2 tories’’ and inserting ‘‘, its territories, and the Re3 public of Palau’’; 

4 (2) in clause (iii)(II), by striking ‘‘, or the Re5 public of the Marshall Islands’’ and inserting ‘‘, the 

6 Republic of the Marshall Islands, or the Republic of 

7 Palau’’; and 

8 (3) in clause (ix)— 

9 (A) by striking ‘‘Republic’’ both places it 

10 appears and inserting ‘‘government, institu11 tions, and people’’; 

12 (B) by striking ‘‘2007’’ and inserting 

13 ‘‘2009’’; and 

14 (C) by striking ‘‘was’’ and inserting 

15 ‘‘were’’. 

16 SEC. 6. AVAILABILITY OF LEGAL SERVICES. 

17 Section 105(f)(1)(C) of the Compact of Free Associa18 tion Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) 

19 is amended by inserting before the period at the end the 

20 following: ‘‘, which shall also continue to be available to 

21 the citizens of the Federated States of Micronesia, the Re22 public of Palau, and the Republic of the Marshall Islands 

23 who legally reside in the United States (including terri24 tories and possessions)’’. 


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1 SEC. 7. TECHNICAL AMENDMENTS. 

2 (a) TITLE I.— 

3 (1) SECTION 177 AGREEMENT.—Section 

4 103(c)(1) of the Compact of Free Association 

5 Amendments Act of 2003 (48 U.S.C. 1921b(c)(1)) is 

6 amended by striking ‘‘section 177’’ and inserting 

7 ‘‘Section 177’’. 

8 (2) INTERPRETATION AND UNITED STATES

9 POLICY.—Section 104 of the Compact of Free Asso10 ciation Amendments Act of 2003 (48 U.S.C. 1921c) 

11 is amended— 

12 (A) in subsection (b)(1), by inserting ‘‘the’’ 

13 before ‘‘U.S.–RMI Compact,’’; 

14 (B) in subsection (e)— 

15 (i) in the matter preceding subpara16 graph (A) of paragraph (8), by striking 

17 ‘‘to include’’ and inserting ‘‘and include’’; 

18 (ii) in paragraph (9)(A), by inserting 

19 a comma after ‘‘may’’; and 

20 (iii) in paragraph (10), by striking 

21 ‘‘related to service’’ and inserting ‘‘related 

22 to such services’’; and 

23 (C) in the first sentence of subsection (j), 

24 by inserting ‘‘the’’ before ‘‘Interior’’. 

25 (3) SUPPLEMENTAL PROVISIONS.—Section 

26 105(b)(1) of the Compact of Free Association 


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1 Amendments Act of 2003 (48 U.S.C. 1921d(b)(1)) 

2 is amended by striking ‘‘Trust Fund’’ and inserting 

3 ‘‘Trust Funds’’. 

4 (b) TITLE II.— 

5 (1) U.S.–FSM COMPACT.—The Compact of Free 

6 Association, as amended, between the Government of 

7 the United States of America and the Government 

8 of the Federated States of Micronesia (as provided 

9 in section 201(a) of the Compact of Free Association 

10 Amendments Act of 2003 (117 Stat. 2757)) is 

11 amended— 

12 (A) in section 174— 

13 (i) in subsection (a), by striking 

14 ‘‘courts’’ and inserting ‘‘court’’; and 

15 (ii) in subsection (b)(2), by striking 

16 ‘‘the’’ before ‘‘November’’; 

17 (B) in section 177(a), by striking ‘‘, or 

18 Palau’’ and inserting ‘‘(or Palau)’’; 

19 (C) in section 179(b), by striking ‘‘amend20 ed Compact’’ and inserting ‘‘Compact, as 

21 amended,’’; 

22 (D) in section 211— 

23 (i) in the fourth sentence of sub24 section (a), by striking ‘‘Compact, as 

25 Amended, of Free Association’’ and insertVerDate Aug 31 2005 01:08 Jul 13, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2705.IH H2705

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1 ing ‘‘Compact of Free Association, as 

2 amended’’; 

3 (ii) in the fifth sentence of subsection 

4 (a), by striking ‘‘Trust Fund Agreement,’’ 

5 and inserting ‘‘Agreement Between the 

6 Government of the United States of Amer7 ica and the Government of the Federated 

8 States of Micronesia Implementing Section 

9 215 and Section 216 of the Compact, as 

10 Amended, Regarding a Trust Fund (Trust 

11 Fund Agreement),’’; 

12 (iii) in subsection (b)— 

13 (I) in the first sentence, by strik14 ing ‘‘Government of the’’ before ‘‘Fed15 erated’’; and 

16 (II) in the second sentence, by 

17 striking ‘‘Sections 321 and 323 of the 

18 Compact of Free Association, as 

19 Amended’’ and inserting ‘‘Sections 

20 211(b), 321, and 323 of the Compact 

21 of Free Association, as amended,’’; 

22 and 

23 (iv) in the last sentence of subsection 

24 (d), by inserting before the period at the 

25 end the following: ‘‘and the Federal ProVerDate Aug 31 2005 01:08 Jul 13, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2705.IH H2705

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1 grams and Services Agreement referred to 

2 in section 231’’; 

3 (E) in the first sentence of section 215(b), 

4 by striking ‘‘subsection(a)’’ and inserting ‘‘sub5 section (a)’’; 

6 (F) in section 221— 

7 (i) in subsection (a)(6), by inserting 

8 ‘‘(Federal Emergency Management Agen9 cy)’’ after ‘‘Homeland Security’’; and 

10 (ii) in the first sentence of subsection 

11 (c), by striking ‘‘agreements’’ and inserting 

12 ‘‘agreement’’; 

13 (G) in the second sentence of section 222, 

14 by inserting ‘‘in’’ after ‘‘referred to’’; 

15 (H) in the second sentence of section 232, 

16 by striking ‘‘sections 102 (c)’’ and all that fol17 lows through ‘‘January 14, 1986)’’ and insert18 ing ‘‘section 102(b) of Public Law 108–188, 

19 117 Stat. 2726, December 17, 2003’’; 

20 (I) in the second sentence of section 252, 

21 by inserting ‘‘, as amended,’’ after ‘‘Compact’’; 

22 (J) in the first sentence of the first undes23 ignated paragraph of section 341, by striking 

24 ‘‘Section 141’’ and inserting ‘‘section 141’’; 

25 (K) in section 342— 


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1 (i) in subsection (a), by striking ‘‘14 

2 U.S.C. 195’’ and inserting ‘‘section 195 of 

3 title 14, United States Code’’; and 

4 (ii) in subsection (b)— 

5 (I) by striking ‘‘46 U.S.C. 

6 1295(b)(6)’’ and inserting ‘‘section 

7 1303(b)(6) of the Merchant Marine 

8 Act, 1936 (46 U.S.C. 1295b(b)(6))’’; 

9 and 

10 (II) by striking ‘‘46 U.S.C. 

11 1295b(b)(6)(C)’’ and inserting ‘‘sec12 tion 1303(b)(6)(C) of that Act’’; 

13 (L) in the third sentence of section 354(a), 

14 by striking ‘‘section 442 and 452’’ and insert15 ing ‘‘sections 442 and 452’’; 

16 (M) in section 461(h), by striking ‘‘Tele17 communications’’ and inserting ‘‘Telecommuni18 cation’’; 

19 (N) in section 462(b)(4), by striking ‘‘of 

20 Free Association’’ the second place it appears; 

21 and 

22 (O) in section 463(b), by striking ‘‘Articles 

23 IV’’ and inserting ‘‘Article IV’’. 

24 (2) U.S.–RMI COMPACT.—The Compact of Free 

25 Association, as amended, between the Government of 


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1 the United States of America and the Government 

2 of the Republic of the Marshall Islands (as provided 

3 in section 201(b) of the Compact of Free Associa4 tion Amendments Act of 2003 (117 Stat. 2795)) is 

5 amended— 

6 (A) in section 174(a), by striking ‘‘court’’ 

7 and inserting ‘‘courts’’; 

8 (B) in section 177(a), by striking the 

9 comma before ‘‘(or Palau)’’; 

10 (C) in section 179(b), by striking ‘‘amend11 ed Compact,’’ and inserting ‘‘Compact, as 

12 amended,’’; 

13 (D) in section 211— 

14 (i) in the fourth sentence of sub15 section (a), by striking ‘‘Compact, as 

16 Amended, of Free Association’’ and insert17 ing ‘‘Compact of Free Association, as 

18 amended’’; 

19 (ii) in the first sentence of subsection 

20 (b), by striking ‘‘Agreement between the 

21 Government of the United States and the 

22 Government of the Republic of the Mar23 shall Islands Regarding Miliary Use and 

24 Operating Rights’’ and inserting ‘‘Agree25 ment Regarding the Military Use and OpVerDate Aug 31 2005 01:08 Jul 13, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2705.IH H2705

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1 erating Rights of the Government of the 

2 United States in the Republic of the Mar3 shall Islands concluded Pursuant to Sec4 tions 321 and 323 of the Compact of Free 

5 Association, as Amended (Agreement be6 tween the Government of the United 

7 States and the Government of the Republic 

8 of the Marshall Islands Regarding Military 

9 Use and Operating Rights)’’; and 

10 (iii) in the last sentence of subsection 

11 (e), by inserting before the period at the 

12 end the following: ‘‘and the Federal Pro13 grams and Services Agreement referred to 

14 in section 231’’; 

15 (E) in section 221(a)— 

16 (i) in the matter preceding paragraph 

17 (1), by striking ‘‘Section 231’’ and insert18 ing ‘‘section 231’’; and 

19 (ii) in paragraph (5), by inserting 

20 ‘‘(Federal Emergency Management Agen21 cy)’’ after ‘‘Homeland Security’’; 

22 (F) in the second sentence of section 232, 

23 by striking ‘‘sections 103(m)’’ and all that fol24 lows through ‘‘(January 14, 1986)’’ and insertVerDate Aug 31 2005 01:08 Jul 13, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2705.IH H2705

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1 ing ‘‘section 103(k) of Public Law 108–188, 

2 117 Stat. 2734, December 17, 2003’’; 

3 (G) in the first sentence of section 341, by 

4 striking ‘‘Section 141’’ and inserting ‘‘section 

5 141’’; 

6 (H) in section 342— 

7 (i) in subsection (a), by striking ‘‘14 

8 U.S.C. 195’’ and inserting ‘‘section 195 of 

9 title 14, United States Code’’; and 

10 (ii) in subsection (b)— 

11 (I) by striking ‘‘46 U.S.C. 

12 1295(b)(6)’’ and inserting ‘‘section 

13 1303(b)(6) of the Merchant Marine 

14 Act, 1936 (46 U.S.C. 1295b(b)(6))’’; 

15 and 

16 (II) by striking ‘‘46 U.S.C. 

17 1295b(b)(6)(C)’’ and inserting ‘‘sec18 tion 1303(b)(6)(C) of that Act’’; 

19 (I) in the third sentence of section 354(a), 

20 by striking ‘‘section 442 and 452’’ and insert21 ing ‘‘sections 442 and 452’’; 

22 (J) in the first sentence of section 443, by 

23 inserting ‘‘, as amended.’’ after ‘‘the Compact’’; 

24 (K) in the matter preceding paragraph (1) 

25 of section 461(h)— 


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1 (i) by striking ‘‘1978’’ and inserting 

2 ‘‘1998’’; and 

3 (ii) by striking ‘‘Telecommunications’’ 

4 and inserting ‘‘Telecommunication Union’’; 

5 and 

6 (L) in section 463(b), by striking ‘‘Article’’ 

7 and inserting ‘‘Articles’’. 

8 SEC. 8. TRANSMISSION OF VIDEOTAPE PROGRAMMING. 

9 Section 111(e)(2) of title 17, United States Code, is 

10 amended by striking ‘‘or the Trust Territory of the Pacific 

11 Islands’’ and inserting ‘‘the Federated States of Micro12 nesia, the Republic of Palau, or the Republic of the Mar13 shall Islands’’. 

14 SEC. 9. PALAU ROAD MAINTENANCE. 

15 The Government of the Republic of Palau may de16 posit the payment otherwise payable to the Government 

17 of the United States under section 111 of Public Law 

18 101–219 (48 U.S.C. 1960) into a trust fund if— 

19 (1) the earnings of the trust fund are expended 

20 solely for maintenance of the road system con21 structed pursuant to section 212 of the Compact of 

22 Free Association between the Government of the 

23 United States of America and the Government of 

24 Palau (48 U.S.C. 1931 note); and 


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1 (2) the trust fund is established and operated 

2 pursuant to an agreement entered into between the 

3 Government of the United States and the Govern4 ment of the Republic of Palau. 

5 SEC. 10. CLARIFICATION OF TAX-FREE STATUS OF TRUST 

6 FUNDS. 

7 In the U.S.–RMI Compact, the U.S.–FSM Compact, 

8 and their respective trust fund subsidiary agreements, for 

9 the purposes of taxation by the United States or its sub10 sidiary jurisdictions, the term ‘‘State’’ means ‘‘State, ter11 ritory, or the District of Columbia’’. 

Æ 


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