II 

109TH CONGRESS 

1ST SESSION S. 1830 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 6, 2005 

Mr. DOMENICI (for himself, Mr. BINGAMAN, and Mr. AKAKA) (by request) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Compact of Free Association Amendments 

Act of 2003, and for other purposes. 

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 2005’’. 

6 SEC. 2. APPROVAL OF AGREEMENTS. 

7 Section 101 of the Compact of Free Association 

8 Amendments Act of 2003 (48 U.S.C. 1921) is amended— 

9 (1) in the first sentence of subsection (a), by in10 serting before the period at the end the following: ‘‘, 
2 

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1 including Article X of the Federal Programs and 

2 Services Agreement Between the Government of the 

3 United States and the Government of the Federated 

4 States of Micronesia, as amended under the Agree5 ment to Amend Article X that was signed by those 

6 2 Governments on June 30, 2004, which shall serve 

7 as the authority to implement the provisions there8 of’’; and 

9 (2) in the first sentence of subsection (b), by in10 serting before the period at the end the following: ‘‘, 

11 including Article X of the Federal Programs and 

12 Services Agreement Between the Government of the 

13 United States and the Government of the Republic 

14 of the Marshall Islands, as amended under the 

15 Agreement to Amend Article X that was signed by 

16 those 2 Governments on June 18, 2004, which shall 

17 serve as the authority to implement the provisions 

18 thereof’’. 

19 SEC. 3. CONFORMING AMENDMENT. 

20 Section 105(f)(1) of the Compact of Free Association 

21 Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)) is 

22 amended by striking subparagraph (A) and inserting the 

23 following: 

24 ‘‘(A) EMERGENCY AND DISASTER ASSIST25 ANCE.— 
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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (ii), section 221(a)(6) of the U.S.-FSM 

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

4 U.S.-RMI Compact shall each be construed 

5 and applied in accordance with the 2 

6 Agreements to Amend Article X of the 

7 Federal Programs and Service Agreements 

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

9 2004, respectively. 

10 ‘‘(ii) DEFINITION OF WILL PROVIDE

11 FUNDING.—In the second sentence of 

12 paragraph 12 of each of the Agreements 

13 described in clause (i), the term ‘will pro14 vide funding’ means will provide funding 

15 through a transfer of funds using Stand16 ard Form 1151 or a similar document or 

17 through an interagency, reimbursable 

18 agreement.’’. 

19 SEC. 4. CLARIFICATIONS REGARDING PALAU. 

20 Section 105(f)(1)(B) of the Compact of Free Associa21 tion Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) 

22 is amended— 

23 (1) in clause (ii)(II), by striking ‘‘and its terri24 tories’’ and inserting ‘‘, its territories, and the Re25 public of Palau’’; 
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1 (2) in clause (iii), by striking ‘‘, or the Republic 

2 of the Marshall Islands’’ and inserting ‘‘, the Repub3 lic of the Marshall Islands, or the Republic of 

4 Palau’’; and 

5 (3) in clause (ix)— 

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

7 appears and inserting ‘‘government, institu8 tions, and people’’; and 

9 (B) by striking ‘‘was’’ and inserting 

10 ‘‘were’’. 

11 SEC. 5. AVAILABILITY OF LEGAL SERVICES. 

12 Section 105(f)(1)(C) of the Compact of Free Associa13 tion Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) 

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

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

16 the citizens of the Federated States of Micronesia, the Re17 public of Palau, and the Republic of the Marshall Islands 

18 who reside in the United States (including territories and 

19 possessions)’’. 

20 SEC. 6. TECHNICAL AMENDMENTS. 

21 (a) TITLE I.— 

22 (1) SECTION 177 AGREEMENT.—Section 

23 103(c)(1) of the Compact of Free Association 

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

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

2 ‘‘Section 177’’. 

3 (2) INTERPRETATION AND UNITED STATES

4 POLICY.—Section 104 of the Compact of Free Asso5 ciation Amendments Act of 2003 (48 U.S.C. 1921c) 

6 is amended— 

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

8 before ‘‘U.S.-RMI Compact,’’; 

9 (B) in subsection (e)— 

10 (i) in the matter preceding subpara11 graph (A) of paragraph (8) , by striking 

12 ‘‘to include’’ and inserting ‘‘and include’’; 

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

14 a comma after ‘‘may’’; and 

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

16 ‘‘related to service’’ and inserting ‘‘related 

17 to such services’’; and 

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

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

20 (3) SUPPLEMENTAL PROVISIONS.—Section 

21 105(b)(1) of the Compact of Free Association 

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

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

24 ‘‘Trust Funds’’. 

25 (b) TITLE II.— 
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1 (1) U.S.-FSM COMPACT.—The Compact of 

2 Free Association, as amended, between the Govern3 ment of the United States of America and the Gov4 ernment of the Federated States of Micronesia (as 

5 provided in section 201(a) of the Compact of Free 

6 Association Amendments Act of 2003 (117 Stat. 

7 2757)) is amended— 

8 (A) in section 174— 

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

10 ‘‘courts’’ and inserting ‘‘court’’; and 

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

12 ‘‘the’’ before ‘‘November’’; 

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

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

15 (C) in section 179(b), strike ‘‘amended 

16 Compact’’ and inserting ‘‘Compact, as amend17 ed,’’; 

18 (D) in section 211— 

19 (i) in the fifth sentence of subsection 

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

21 and inserting ‘‘Agreement Between the 

22 Government of the United States of Amer23 ica and the Government of the Federated 

24 States of Micronesia Implementing Section 

25 215 and Section 216 of the Compact, as 
7 

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1 Amended, Regarding a Trust Fund (Trust 

2 Fund Agreement),’’; 

3 (ii) in subsection (b)— 

4 (I) in the first sentence, by strik5 ing ‘‘Government of the’’ before ‘‘Fed6 erated’’; and 

7 (II) in the second sentence, by 

8 striking ‘‘Sections 321 and 323 of the 

9 Compact’’ and inserting ‘‘Sections 

10 211(b), 321, and 323. The Compact, 

11 as amended,’’; and 

12 (iii) in the last sentence of subsection 

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

14 end the following: ‘‘and the Federal Pro15 grams and Services Agreement referred to 

16 in section 231’’; 

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

18 by striking ‘‘subsection(a)’’ and inserting ‘‘sub19 section (a)’’; 

20 (F) in section 221— 

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

22 ‘‘(Federal Emergency Management Agen23 cy)’’ after ‘‘Homeland Security’’; and 
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1 (ii) in the first sentence of subsection 

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

3 ‘‘agreement’’; 

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

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

6 (H) in the second sentence of the first un7 designated paragraph of section 232, by strik8 ing ‘‘sections 102 (c)’’ and all that follows 

9 through ‘‘January 14, 1986)’’ and inserting 

10 ‘‘section 102(b) of Public Law 108-188, 117 

11 Stat. 2726, December 17, 2003’’; 

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

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

14 (J) in the first sentence of the first undes15 ignated paragraph of section 341, by striking 

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

17 (K) in section 342— 

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

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

20 title 14, United States Code’’; and 

21 (ii) in subsection (b)— 

22 (I) by striking ‘‘46 U.S.C. 

23 1295(b)(6)’’ and inserting ‘‘section 

24 1303(b)(6) of the Merchant Marine 
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1 Act, 1936 (46 U.S.C. 1295b(b)(6))’’; 

2 and 

3 (II) by striking ‘‘46 U.S.C. 

4 1295b(b)(6)(C)’’ and inserting ‘‘sec5 tion 1303(b)(6)(C) of that Act’’; 

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

7 by striking ‘‘section 442 and 452’’ and insert8 ing ‘‘sections 442 and 452’’; 

9 (M) in section 461(h), by striking ‘‘Tele10 communications’’ and inserting ‘‘Telecommuni11 cation’’; 

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

13 Free Association’’ the second place it appears; 

14 and 

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

16 IV’’ and inserting ‘‘Article IV’’. 

17 (2) U.S.-RMI COMPACT.—The Compact of Free 

18 Association, as amended, between the Government of 

19 the United States of America and the Government 

20 of the Republic of the Marshall Islands (as provided 

21 in section 201(b) of the Compact of Free Associa22 tion Amendments Act of 2003 (117 Stat. 2795)) is 

23 amended— 

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

25 and inserting ‘‘courts’’; 
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1 (B) in section 177(a), by striking the 

2 comma before ‘‘(or Palau)’’; 

3 (C) in section 179(b), by striking ‘‘amend4 ed Compact,’’ and inserting ‘‘Compact, as 

5 amended,’’; 

6 (D) in section 211— 

7 (i) in the first sentence of subsection 

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

9 Government of the United States and the 

10 Government of the Republic of the Mar11 shall Islands Regarding Miliary Use and 

12 Operating Rights’’ and inserting ‘‘Agree13 ment Regarding the Military Use and Op14 erating Rights of the Government of the 

15 United States in the Republic of the Mar16 shall Islands concluded Pursuant to Sec17 tions 321 and 323 of the Compact of Free 

18 Association, as Amended (Agreement be19 tween the Government of the United 

20 States and the Government of the Republic 

21 of the Marshall Islands Regarding Military 

22 Use and Operating Rights)’’; and 

23 (ii) in the last sentence of subsection 

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

25 end the following: ‘‘and the Federal Pro-
11 

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1 grams and Services Agreement referred to 

2 in section 231’’; 

3 (E) in section 221(a)— 

4 (i) in the matter preceding paragraph 

5 (1), by striking ‘‘Section 231’’ and insert6 ing ‘‘section 231’’; and 

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

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

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

11 by striking ‘‘sections 103(m)’’ and all that fol12 lows through ‘‘(January 14, 1986)’’ and insert13 ing ‘‘section 103(k) of Public Law 108-188, 

14 117 Stat. 2734, December 17, 2003’’; 

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

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

17 141’’; 

18 (H) in section 342— 

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

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

21 title 14, United States Code’’; and 

22 (ii) in subsection (b)— 

23 (I) by striking ‘‘46 U.S.C. 

24 1295(b)(6)’’ and inserting ‘‘section 

25 1303(b)(6) of the Merchant Marine 
12 

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

2 and 

3 (II) by striking ‘‘46 U.S.C. 

4 1295b(b)(6)(C)’’ and inserting ‘‘sec5 tion 1303(b)(6)(C) of that Act’’; 

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

7 by striking ‘‘section 442 and 452’’ and insert8 ing ‘‘sections 442 and 452’’; 

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

10 inserting ‘‘, as amended,’’ after ‘‘the Compact’’; 

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

12 of section 461(h)— 

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

14 ‘‘1998’’; and 

15 (ii) by striking ‘‘Telecommunications’’ 

16 and inserting ‘‘Telecommunication’’; and 

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

18 and inserting ‘‘Articles’’. 

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