109TH CONGRESS

2D SESSION S. 1830

AN ACT

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’’.
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1 SEC. 2. APPROVAL OF AGREEMENTS.

2 Section 101 of the Compact of Free Association

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

4 (1) in the first sentence of subsection (a), by in5 serting before the period at the end the following: ‘‘,

6 including Article X of the Federal Programs and

7 Services Agreement Between the Government of the

8 United States and the Government of the Federated

9 States of Micronesia, as amended under the Agree10 ment to Amend Article X that was signed by those

11 2 Governments on June 30, 2004, which shall serve

12 as the authority to implement the provisions there13 of’’; and

14 (2) in the first sentence of subsection (b), by in15 serting before the period at the end the following: ‘‘,

16 including Article X of the Federal Programs and

17 Services Agreement Between the Government of the

18 United States and the Government of the Republic

19 of the Marshall Islands, as amended under the

20 Agreement to Amend Article X that was signed by

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

22 serve as the authority to implement the provisions

23 thereof’’.

24 SEC. 3. CONFORMING AMENDMENT.

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

26 Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)) is
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1 amended by striking subparagraph (A) and inserting the

2 following:

3 ‘‘(A) EMERGENCY AND DISASTER ASSIST4 ANCE.—

5 ‘‘(i) IN GENERAL.—Subject to clause

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

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

8 U.S.–RMI Compact shall each be con9 strued and applied in accordance with the

10 2 Agreements to Amend Article X of the

11 Federal Programs and Service Agreements

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

13 2004, respectively.

14 ‘‘(ii) DEFINITION OF WILL PROVIDE

15 FUNDING.—In the second sentence of

16 paragraph 12 of each of the Agreements

17 described in clause (i), the term ‘will pro18 vide funding’ means will provide funding

19 through a transfer of funds using Stand20 ard Form 1151 or a similar document or

21 through an interagency, reimbursable

22 agreement.’’.
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1 SEC. 4. CLARIFICATIONS REGARDING PALAU.

2 Section 105(f)(1)(B) of the Compact of Free Associa3 tion Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B))

4 is amended—

5 (1) in clause (ii)(II), by striking ‘‘and its terri6 tories’’ and inserting ‘‘, its territories, and the Re7 public of Palau’’;

8 (2) in clause (iii)(II), by striking ‘‘, or the Re9 public of the Marshall Islands’’ and inserting ‘‘, the

10 Republic of the Marshall Islands, or the Republic of

11 Palau’’; and

12 (3) in clause (ix)—

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

14 appears and inserting ‘‘government, institu15 tions, and people’’;

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

17 ‘‘2009’’; and

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

19 ‘‘were’’.

20 SEC. 5. AVAILABILITY OF LEGAL SERVICES.

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

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

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

25 the citizens of the Federated States of Micronesia, the Re26 public of Palau, and the Republic of the Marshall Islands
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1 who legally reside in the United States (including terri2 tories and possessions)’’.

3 SEC. 6. TECHNICAL AMENDMENTS.

4 (a) TITLE I.—

5 (1) SECTION 177 AGREEMENT.—Section

6 103(c)(1) of the Compact of Free Association

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

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

9 ‘‘Section 177’’.

10 (2) INTERPRETATION AND UNITED STATES

11 POLICY.—Section 104 of the Compact of Free Asso12 ciation Amendments Act of 2003 (48 U.S.C. 1921c)

13 is amended—

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

15 before ‘‘U.S.–RMI Compact,’’;

16 (B) in subsection (e)—

17 (i) in the matter preceding subpara18 graph (A) of paragraph (8) , by striking

19 ‘‘to include’’ and inserting ‘‘and include’’;

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

21 a comma after ‘‘may’’; and

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

23 ‘‘related to service’’ and inserting ‘‘related

24 to such services’’; and
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1 (C) in the first sentence of subsection (j),

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

3 (3) SUPPLEMENTAL PROVISIONS.—Section

4 105(b)(1) of the Compact of Free Association

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

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

7 ‘‘Trust Funds’’.

8 (b) TITLE II.—

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

10 Free Association, as amended, between the Govern11 ment of the United States of America and the Gov12 ernment of the Federated States of Micronesia (as

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

14 Association Amendments Act of 2003 (117 Stat.

15 2757)) is amended—

16 (A) in section 174—

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

18 ‘‘courts’’ and inserting ‘‘court’’; and

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

20 ‘‘the’’ before ‘‘November’’;

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

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

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

24 Compact’’ and inserting ‘‘Compact, as amend25 ed,’’;
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1 (D) in section 211—

2 (i) in the fourth sentence of sub3 section (a), by striking ‘‘Compact, as

4 Amended, of Free Association’’ and insert5 ing ‘‘Compact of Free Association, as

6 amended’’;

7 (ii) in the fifth sentence of subsection

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

9 and inserting ‘‘Agreement Between the

10 Government of the United States of Amer11 ica and the Government of the Federated

12 States of Micronesia Implementing Section

13 215 and Section 216 of the Compact, as

14 Amended, Regarding a Trust Fund (Trust

15 Fund Agreement),’’;

16 (iii) in subsection (b)—

17 (I) in the first sentence, by strik18 ing ‘‘Government of the’’ before ‘‘Fed19 erated’’; and

20 (II) in the second sentence, by

21 striking ‘‘Sections 321 and 323 of the

22 Compact of Free Association, as

23 Amended’’ and inserting ‘‘Sections

24 211(b), 321, and 323 of the Compact
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1 of Free Association, as amended,’’;

2 and

3 (iv) in the last sentence of subsection

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

5 end the following: ‘‘and the Federal Pro6 grams and Services Agreement referred to

7 in section 231’’;

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

9 by striking ‘‘subsection(a)’’ and inserting ‘‘sub10 section (a)’’;

11 (F) in section 221—

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

13 ‘‘(Federal Emergency Management Agen14 cy)’’ after ‘‘Homeland Security’’; and

15 (ii) in the first sentence of subsection

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

17 ‘‘agreement’’;

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

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

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

21 by striking ‘‘sections 102 (c)’’ and all that fol22 lows through ‘‘January 14, 1986)’’ and insert23 ing ‘‘section 102(b) of Public Law 108–188,

24 117 Stat. 2726, December 17, 2003’’;
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1 (I) in the second sentence of section 252,

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

3 (J) in the first sentence of the first undes4 ignated paragraph of section 341, by striking

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

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

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

22 (M) in section 461(h), by striking ‘‘Tele23 communications’’ and inserting ‘‘Telecommuni24 cation’’;
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1 (N) in section 462(b)(4), by striking ‘‘of

2 Free Association’’ the second place it appears;

3 and

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

5 IV’’ and inserting ‘‘Article IV’’.

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

7 Free Association, as amended, between the Govern8 ment of the United States of America and the Gov9 ernment of the Republic of the Marshall Islands (as

10 provided in section 201(b) of the Compact of Free

11 Association Amendments Act of 2003 (117 Stat.

12 2795)) is amended—

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

14 and inserting ‘‘courts’’;

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

16 comma before ‘‘(or Palau)’’;

17 (C) in section 179(b), by striking ‘‘amend18 ed Compact,’’ and inserting ‘‘Compact, as

19 amended,’’;

20 (D) in section 211—

21 (i) in the fourth sentence of sub22 section (a), by striking ‘‘Compact, as

23 Amended, of Free Association’’ and insert24 ing ‘‘Compact of Free Association, as

25 amended‘‘;
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1 (ii) in the first sentence of subsection

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

3 Government of the United States and the

4 Government of the Republic of the Mar5 shall Islands Regarding Miliary Use and

6 Operating Rights’’ and inserting ‘‘Agree7 ment Regarding the Military Use and Op8 erating Rights of the Government of the

9 United States in the Republic of the Mar10 shall Islands concluded Pursuant to Sec11 tions 321 and 323 of the Compact of Free

12 Association, as Amended (Agreement be13 tween the Government of the United

14 States and the Government of the Republic

15 of the Marshall Islands Regarding Military

16 Use and Operating Rights)’’; and

17 (iii) in the last sentence of subsection

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

19 end the following: ‘‘and the Federal Pro20 grams and Services Agreement referred to

21 in section 231’’;

22 (E) in section 221(a)—

23 (i) in the matter preceding paragraph

24 (1), by striking ‘‘Section 231’’ and insert25 ing ‘‘section 231’’; and
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1 (ii) in paragraph (5), by inserting

2 ‘‘(Federal Emergency Management Agen3 cy)’’ after ‘‘Homeland Security’’;

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

5 by striking ‘‘sections 103(m)’’ and all that fol6 lows through ‘‘(January 14, 1986)’’ and insert7 ing ‘‘section 103(k) of Public Law 108–188,

8 117 Stat. 2734, December 17, 2003’’;

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

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

11 141’’;

12 (H) in section 342—

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

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

15 title 14, United States Code’’; and

16 (ii) in subsection (b)—

17 (I) by striking ‘‘46 U.S.C.

18 1295(b)(6)’’ and inserting ‘‘section

19 1303(b)(6) of the Merchant Marine

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

21 and

22 (II) by striking ‘‘46 U.S.C.

23 1295b(b)(6)(C)’’ and inserting ‘‘sec24 tion 1303(b)(6)(C) of that Act’’;
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1 (I) in the third sentence of section 354(a),

2 by striking ‘‘section 442 and 452’’ and insert3 ing ‘‘sections 442 and 452’’;

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

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

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

7 of section 461(h)—

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

9 ‘‘1998’’; and

10 (ii) by striking ‘‘Telecommunications’’

11 and inserting ‘‘Telecommunication Union’’;

12 and

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

14 and inserting ‘‘Articles’’.

15 SEC. 7. TRANSMISSION OF VIDEOTAPE PROGRAMMING.

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

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

18 Islands’’ and inserting ‘‘the Federated States of Micro19 nesia, the Republic of Palau, or the Republic of the Mar20 shall Islands’’.

21 SEC. 8. PALAU ROAD MAINTENANCE.

22 The Government of the Republic of Palau may de23 posit the payment otherwise payable to the Government

24 of the United States under section 111 of Public Law

25 101–219 (48 U.S.C. 1960) into a trust fund if—
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1 (1) the earnings of the trust fund are expended

2 solely for maintenance of the road system con3 structed pursuant to section 212 of the Compact of

4 Free Association between the Government of the

5 United States of America and the Government of

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

7 (2) the trust fund is established and operated

8 pursuant to an agreement entered into between the

9 Government of the United States and the Govern10 ment of the Republic of Palau.

11 SEC. 9. CLARIFICATION OF TAX-FREE STATUS OF TRUST

12 FUNDS.

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

14 and their respective trust fund subsidiary agreements, for

15 the purposes of taxation by the United States or its sub16 sidiary jurisdictions, the term ‘‘State’’ means ‘‘State, ter17 ritory, or the District of Columbia’’.

Passed the Senate September 29, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 1830

AN ACT

To amend the Compact of Free Association

Amendments Act of 2003, and for other purposes.