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Calendar No. 399 

109TH CONGRESS 

2D SESSION S. 1830 

[Report No. 109–237] 

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 

APRIL 20, 2006 

Reported under authority of the order of the Senate of April 7, 2006, by Mr. 

DOMENICI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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’’. 


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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 construed 

9 and applied in accordance with the 2 

10 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) clause (iii)(II), by striking ‘‘, 

9 or the Republic of the Marshall Islands’’ and insert10 ing ‘‘, the Republic of the Marshall Islands, or the 

11 Republic of Palau’’; and 

12 (3) in clause (ix)— 

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

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

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

17 ‘‘2009’’; and 

18 (B) (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 fifth sentence of subsection 

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

4 and inserting ‘‘Agreement Between the 

5 Government of the United States of Amer6 ica and the Government of the Federated 

7 States of Micronesia Implementing Section 

8 215 and Section 216 of the Compact, as 

9 Amended, Regarding a Trust Fund (Trust 

10 Fund Agreement),’’; 

11 (ii) in subsection (b)— 

12 (I) in the first sentence, by strik13 ing ‘‘Government of the’’ before ‘‘Fed14 erated’’; and 

15 (II) in the second sentence, by 

16 striking ‘‘Sections 321 and 323 of the 

17 Compact’’ and inserting ‘‘Sections 

18 211(b), 321, and 323. The Compact, 

19 as amended,’’; 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 of 

25 Free Association, as amended,’’; and 


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1 (iii) in the last sentence of subsection 

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

3 end the following: ‘‘and the Federal Pro4 grams and Services Agreement referred to 

5 in section 231’’; 

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

7 by striking ‘‘subsection(a)’’ and inserting ‘‘sub8 section (a)’’; 

9 (F) in section 221— 

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

11 ‘‘(Federal Emergency Management Agen12 cy)’’ after ‘‘Homeland Security’’; and 

13 (ii) in the first sentence of subsection 

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

15 ‘‘agreement’’; 

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

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

18 (H) in the second sentence of the first un19 designated paragraph of section 232, by strik20 ing ‘‘sections 102 (c)’’ and all that follows 

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

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

23 Stat. 2726, December 17, 2003’’; 

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

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


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1 (J) in the first sentence of the first undes2 ignated paragraph of section 341, by striking 

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

4 (K) in section 342— 

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

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

7 title 14, United States Code’’; and 

8 (ii) in subsection (b)— 

9 (I) by striking ‘‘46 U.S.C. 

10 1295(b)(6)’’ and inserting ‘‘section 

11 1303(b)(6) of the Merchant Marine 

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

13 and 

14 (II) by striking ‘‘46 U.S.C. 

15 1295b(b)(6)(C)’’ and inserting ‘‘sec16 tion 1303(b)(6)(C) of that Act’’; 

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

18 by striking ‘‘section 442 and 452’’ and insert19 ing ‘‘sections 442 and 452’’; 

20 (M) in section 461(h), by striking ‘‘Tele21 communications’’ and inserting ‘‘Telecommuni22 cation’’; 

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

24 Free Association’’ the second place it appears; 

25 and 


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

2 IV’’ and inserting ‘‘Article IV’’. 

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

4 Association, as amended, between the Government of 

5 the United States of America and the Government 

6 of the Republic of the Marshall Islands (as provided 

7 in section 201(b) of the Compact of Free Associa8 tion Amendments Act of 2003 (117 Stat. 2795)) is 

9 amended— 

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

11 and inserting ‘‘courts’’; 

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

13 comma before ‘‘(or Palau)’’; 

14 (C) in section 179(b), by striking ‘‘amend15 ed Compact,’’ and inserting ‘‘Compact, as 

16 amended,’’; 

17 (D) in section 211— 

18 (i) in the first sentence of subsection 

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

20 Government of the United States and the 

21 Government of the Republic of the Mar22 shall Islands Regarding Miliary Use and 

23 Operating Rights’’ and inserting ‘‘Agree24 ment Regarding the Military Use and Op25 erating Rights of the Government of the 


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1 United States in the Republic of the Mar2 shall Islands concluded Pursuant to Sec3 tions 321 and 323 of the Compact of Free 

4 Association, as Amended (Agreement be5 tween the Government of the United 

6 States and the Government of the Republic 

7 of the Marshall Islands Regarding Military 

8 Use and Operating Rights)’’; and 

9 (ii) in the last sentence of subsection 

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

11 end the following: ‘‘and the Federal Pro12 grams and Services Agreement referred to 

13 in section 231’’; 

14 (E) in section 221(a)— 

15 (i) in the matter preceding paragraph 

16 (1), by striking ‘‘Section 231’’ and insert17 ing ‘‘section 231’’; and 

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

19 ‘‘(Federal Emergency Management Agen20 cy)’’ after ‘‘Homeland Security’’; 

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

22 by striking ‘‘sections 103(m)’’ and all that fol23 lows through ‘‘(January 14, 1986)’’ and insert24 ing ‘‘section 103(k) of Public Law 108-188, 

25 117 Stat. 2734, December 17, 2003’’; 


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

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

3 141’’; 

4 (H) in section 342— 

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

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

7 title 14, United States Code’’; and 

8 (ii) in subsection (b)— 

9 (I) by striking ‘‘46 U.S.C. 

10 1295(b)(6)’’ and inserting ‘‘section 

11 1303(b)(6) of the Merchant Marine 

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

13 and 

14 (II) by striking ‘‘46 U.S.C. 

15 1295b(b)(6)(C)’’ and inserting ‘‘sec16 tion 1303(b)(6)(C) of that Act’’; 

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

18 by striking ‘‘section 442 and 452’’ and insert19 ing ‘‘sections 442 and 452’’; 

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

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

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

23 of section 461(h)— 

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

25 ‘‘1998’’; and 


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1 (ii) by striking ‘‘Telecommunications’’ 

2 and inserting ‘‘Telecommunication’’; and 

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

4 and inserting ‘‘Articles’’. 

5 SEC. 7. TRANSMISSION OF VIDEOTAPE PROGRAMMING. 

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

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

8 Islands’’ and inserting ‘‘the Federated States of Micronesia, 

9 the Republic of Palau, or the Republic of the Marshall Is10 lands’’. 

11 SEC. 8. PALAU ROAD MAINTENANCE. 

12 The Government of the Republic of Palau may deposit 

13 the payment otherwise payable to the Government of the 

14 United States under section 111 of Public Law 101–219 

15 (48 U.S.C. 1960) into a trust fund if— 

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

17 solely for maintenance of the road system constructed 

18 pursuant to section 212 of the Compact of Free Asso19 ciation between the Government of the United States 

20 of America and the Government of Palau (48 U.S.C. 

21 1931 note); and 

22 (2) the trust fund is established and operated 

23 pursuant to an agreement entered into between the 

24 Government of the United States and the Government 

25 of the Republic of Palau. 


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Calendar No. 399 

109TH CONGRESS 

2D SESSION S. 1830 

[Report No. 109

–237] 

A BILL 

To amend the Compact of Free Association 

Amendments Act of 2003, and for other purposes. 

APRIL 20, 2006 

Reported with amendments 


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