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HR 2705 EHPCSCommentsClose CommentsPermalink

110th CONGRESS 1st Session H. R. 2705 AN ACT

To amend the Compact of Free Association Amendments Act of 2003, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Compacts of Free Association Amendments Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. APPROVAL OF AGREEMENTS.

(a) In General- Section 101 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921) is amended--CommentsClose CommentsPermalink





(1) in the first sentence of subsection (a), by inserting before the period at the end the following: `, 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, which shall serve as the authority to implement the provisions thereof'; andCommentsClose CommentsPermalink





(2) in the first sentence of subsection (b), by inserting before the period at the end the following: `, 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, which shall serve as the authority to implement the provisions thereof'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall be effective as of April 30, 2008.CommentsClose CommentsPermalink

SEC. 3. FUNDS TO FACILITATE FEDERAL ACTIVITIES.

Unobligated amounts appropriated before the date of the enactment of this Act pursuant to section 105(f)(1)(A)(ii) of the Compact of Free Association Amendments Act of 2003 shall be available to both the United States Agency for International Development and the Federal Emergency Management Agency to facilitate each agency's activities under the Federal Programs and Services Agreements.CommentsClose CommentsPermalink

SEC. 4. CONFORMING AMENDMENT.

(a) In General- Section 105(f)(1)(A) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(A)) is amended to read as follows:CommentsClose CommentsPermalink





`(A) EMERGENCY AND DISASTER ASSISTANCE-CommentsClose CommentsPermalink





`(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, and on June 18, 2004, respectively, provided that all activities carried out by the United States Agency for International Development and the Federal Emergency Management Agency under Article X of the Federal Programs and Services Agreements may be carried out notwithstanding any other provision of law. In the sections referred to in this clause, the term `United States Agency for International Development, Office of Foreign Disaster Assistance' shall be construed to mean `the United States Agency for International Development'.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall be effective as of April 30, 2008.CommentsClose CommentsPermalink

SEC. 5. CLARIFICATIONS REGARDING PALAU.

Section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended--CommentsClose CommentsPermalink





(1) in clause (ii)(II), by striking `and its territories' and inserting `, its territories, and the Republic of Palau';CommentsClose CommentsPermalink





(2) in clause (iii)(II), by striking `, or the Republic of the Marshall Islands' and inserting `, the Republic of the Marshall Islands, or the Republic of Palau'; andCommentsClose CommentsPermalink





(3) in clause (ix)--CommentsClose CommentsPermalink





(A) by striking `Republic' both places it appears and inserting `government, institutions, and people';CommentsClose CommentsPermalink





(B) by striking `2007' and inserting `2009'; andCommentsClose CommentsPermalink





(C) by striking `was' and inserting `were'.CommentsClose CommentsPermalink

SEC. 6. AVAILABILITY OF LEGAL SERVICES.

Section 105(f)(1)(C) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended by inserting before the period at the end the following: `, 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)'.CommentsClose CommentsPermalink

SEC. 7. TECHNICAL AMENDMENTS.

(a) Title I-CommentsClose CommentsPermalink





(1) SECTION 177 AGREEMENT- Section 103(c)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(c)(1)) is amended by striking `section 177' and inserting `Section 177'.CommentsClose CommentsPermalink





(2) INTERPRETATION AND UNITED STATES POLICY- Section 104 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921c) is amended--CommentsClose CommentsPermalink





(A) in subsection (b)(1), by inserting `the' before `U.S.-RMI Compact,';CommentsClose CommentsPermalink





(B) in subsection (e)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A) of paragraph (8), by striking `to include' and inserting `and include';CommentsClose CommentsPermalink





(ii) in paragraph (9)(A), by inserting a comma after `may'; andCommentsClose CommentsPermalink





(iii) in paragraph (10), by striking `related to service' and inserting `related to such services'; andCommentsClose CommentsPermalink





(C) in the first sentence of subsection (j), by inserting `the' before `Interior'.CommentsClose CommentsPermalink





(3) SUPPLEMENTAL PROVISIONS- Section 105(b)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(b)(1)) is amended by striking `Trust Fund' and inserting `Trust Funds'.CommentsClose CommentsPermalink





(b) Title II-CommentsClose CommentsPermalink





(1) U.S.-FSM COMPACT- 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 (as provided in section 201(a) of the Compact of Free Association Amendments Act of 2003 (117 Stat. 2757)) is amended--CommentsClose CommentsPermalink





(A) in section 174--CommentsClose CommentsPermalink





(i) in subsection (a), by striking `courts' and inserting `court'; andCommentsClose CommentsPermalink





(ii) in subsection (b)(2), by striking `the' before `November';CommentsClose CommentsPermalink





(B) in section 177(a), by striking `, or Palau' and inserting `(or Palau)';CommentsClose CommentsPermalink





(C) in section 179(b), by striking `amended Compact' and inserting `Compact, as amended,';CommentsClose CommentsPermalink





(D) in section 211--CommentsClose CommentsPermalink





(i) in the fourth sentence of subsection (a), by striking `Compact, as Amended, of Free Association' and inserting `Compact of Free Association, as amended';CommentsClose CommentsPermalink





(ii) in the fifth sentence of subsection (a), by striking `Trust Fund Agreement,' and inserting `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),';CommentsClose CommentsPermalink





(iii) in subsection (b)--CommentsClose CommentsPermalink





(I) in the first sentence, by striking `Government of the' before `Federated'; andCommentsClose CommentsPermalink





(II) in the second sentence, by striking `Sections 321 and 323 of the Compact of Free Association, as Amended' and inserting `Sections 211(b), 321, and 323 of the Compact of Free Association, as amended,'; andCommentsClose CommentsPermalink





(iv) in the last sentence of subsection (d), by inserting before the period at the end the following: `and the Federal Programs and Services Agreement referred to in section 231';CommentsClose CommentsPermalink





(E) in the first sentence of section 215(b), by striking `subsection(a)' and inserting `subsection (a)';CommentsClose CommentsPermalink





(F) in section 221--CommentsClose CommentsPermalink





(i) in subsection (a)(6), by inserting `(Federal Emergency Management Agency)' after `Homeland Security'; andCommentsClose CommentsPermalink





(ii) in the first sentence of subsection (c), by striking `agreements' and inserting `agreement';CommentsClose CommentsPermalink





(G) in the second sentence of section 222, by inserting `in' after `referred to';CommentsClose CommentsPermalink





(H) in the second sentence of section 232, by striking `sections 102 (c)' and all that follows through `January 14, 1986)' and inserting `section 102(b) of Public Law 108-188, 117 Stat. 2726, December 17, 2003';CommentsClose CommentsPermalink





(I) in the second sentence of section 252, by inserting `, as amended,' after `Compact';CommentsClose CommentsPermalink





(J) in the first sentence of the first undesignated paragraph of section 341, by striking `Section 141' and inserting `section 141';CommentsClose CommentsPermalink





(K) in section 342--CommentsClose CommentsPermalink





(i) in subsection (a), by striking `14 U.S.C. 195' and inserting `section 195 of title 14, United States Code'; andCommentsClose CommentsPermalink





(ii) in subsection (b)--CommentsClose CommentsPermalink





(I) by striking `46 U.S.C. 1295(b)(6)' and inserting `section 1303(b)(6) of the Merchant Marine Act, 1936 (46 U.S.C. 1295b(b)(6))'; andCommentsClose CommentsPermalink





(II) by striking `46 U.S.C. 1295b(b)(6)(C)' and inserting `section 1303(b)(6)(C) of that Act';CommentsClose CommentsPermalink





(L) in the third sentence of section 354(a), by striking `section 442 and 452' and inserting `sections 442 and 452';CommentsClose CommentsPermalink





(M) in section 461(h), by striking `Telecommunications' and inserting `Telecommunication';CommentsClose CommentsPermalink





(N) in section 462(b)(4), by striking `of Free Association' the second place it appears; andCommentsClose CommentsPermalink





(O) in section 463(b), by striking `Articles IV' and inserting `Article IV'.CommentsClose CommentsPermalink





(2) U.S.-RMI COMPACT- 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 (as provided in section 201(b) of the Compact of Free Association Amendments Act of 2003 (117 Stat. 2795)) is amended--CommentsClose CommentsPermalink





(A) in section 174(a), by striking `court' and inserting `courts';CommentsClose CommentsPermalink





(B) in section 177(a), by striking the comma before `(or Palau)';CommentsClose CommentsPermalink





(C) in section 179(b), by striking `amended Compact,' and inserting `Compact, as amended,';CommentsClose CommentsPermalink





(D) in section 211--CommentsClose CommentsPermalink





(i) in the fourth sentence of subsection (a), by striking `Compact, as Amended, of Free Association' and inserting `Compact of Free Association, as amended';CommentsClose CommentsPermalink





(ii) in the first sentence of subsection (b), by striking `Agreement between the Government of the United States and the Government of the Republic of the Marshall Islands Regarding Miliary Use and Operating Rights' and inserting `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)'; andCommentsClose CommentsPermalink





(iii) in the last sentence of subsection (e), by inserting before the period at the end the following: `and the Federal Programs and Services Agreement referred to in section 231';CommentsClose CommentsPermalink





(E) in section 221(a)--CommentsClose CommentsPermalink





(i) in the matter preceding paragraph (1), by striking `Section 231' and inserting `section 231'; andCommentsClose CommentsPermalink





(ii) in paragraph (5), by inserting `(Federal Emergency Management Agency)' after `Homeland Security';CommentsClose CommentsPermalink





(F) in the second sentence of section 232, by striking `sections 103(m)' and all that follows through `(January 14, 1986)' and inserting `section 103(k) of Public Law 108-188, 117 Stat. 2734, December 17, 2003';CommentsClose CommentsPermalink





(G) in the first sentence of section 341, by striking `Section 141' and inserting `section 141';CommentsClose CommentsPermalink





(H) in section 342--CommentsClose CommentsPermalink





(i) in subsection (a), by striking `14 U.S.C. 195' and inserting `section 195 of title 14, United States Code'; andCommentsClose CommentsPermalink





(ii) in subsection (b)--CommentsClose CommentsPermalink





(I) by striking `46 U.S.C. 1295(b)(6)' and inserting `section 1303(b)(6) of the Merchant Marine Act, 1936 (46 U.S.C. 1295b(b)(6))'; andCommentsClose CommentsPermalink





(II) by striking `46 U.S.C. 1295b(b)(6)(C)' and inserting `section 1303(b)(6)(C) of that Act';CommentsClose CommentsPermalink





(I) in the third sentence of section 354(a), by striking `section 442 and 452' and inserting `sections 442 and 452';CommentsClose CommentsPermalink





(J) in the first sentence of section 443, by inserting `, as amended.' after `the Compact';CommentsClose CommentsPermalink





(K) in the matter preceding paragraph (1) of section 461(h)--CommentsClose CommentsPermalink





(i) by striking `1978' and inserting `1998'; andCommentsClose CommentsPermalink





(ii) by striking `Telecommunications' and inserting `Telecommunication Union'; andCommentsClose CommentsPermalink





(L) in section 463(b), by striking `Article' and inserting `Articles'.CommentsClose CommentsPermalink

SEC. 8. TRANSMISSION OF VIDEOTAPE PROGRAMMING.

Section 111(e)(2) of title 17, United States Code, is amended by striking `or the Trust Territory of the Pacific Islands' and inserting `the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands'.CommentsClose CommentsPermalink

SEC. 9. PALAU ROAD MAINTENANCE.

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 101-219 (48 U.S.C. 1960) into a trust fund if--CommentsClose CommentsPermalink





(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 note); andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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

In the U.S.-RMI Compact, the U.S.-FSM Compact, and their respective trust fund subsidiary agreements, for the purposes of taxation by the United States or its subsidiary jurisdictions, the term `State' means `State, territory, or the District of Columbia'.CommentsClose CommentsPermalink

SEC. 11. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.

(a) Transfers by Grant- The President is authorized to transfer vessels to foreign countries on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows:CommentsClose CommentsPermalink





(1) TURKEY- To the Government of Turkey--CommentsClose CommentsPermalink





(A) the OLIVER HAZARD PERRY class guided missile frigates GEORGE PHILIP (FFG-12) and SIDES (FFG-14); andCommentsClose CommentsPermalink





(B) the OSPREY class minehunter coastal ship BLACKHAWK (MHC-58).CommentsClose CommentsPermalink





(2) LITHUANIA- To the Government of Lithuania, the OSPREY class minehunter coastal ships CORMORANT (MHC-57) and KINGFISHER (MHC-56).CommentsClose CommentsPermalink





(b) Transfers by Sale- The President is authorized to transfer vessels to foreign recipients on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761), as follows:CommentsClose CommentsPermalink





(1) TAIWAN- To the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))), the OSPREY class minehunter coastal ships ORIOLE (MHC-55) and FALCON (MHC-59).CommentsClose CommentsPermalink





(2) TURKEY- To the Government of Turkey, the OSPREY class minehunter coastal ship SHRIKE (MHC-62).CommentsClose CommentsPermalink





(c) Grants Not Counted in Annual Total of Transferred Excess Defense Articles- The value of a vessel transferred to a recipient on a grant basis pursuant to authority provided by subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516(g) of the Foreign Assistance Act of 1961.CommentsClose CommentsPermalink





(d) Costs of Transfers- Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient.CommentsClose CommentsPermalink





(e) Repair and Refurbishment in United States Shipyards- To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed before the vessel joins the naval forces of the recipient performed at a shipyard located in the United States, including a United States Navy shipyard.CommentsClose CommentsPermalink





(f) Expiration of Authority- The authority to transfer a vessel under this section shall expire at the end of the 2-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink

Passed the House of Representatives November 13, 2007.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk. LORRAINE C. MILLER, CommentsClose CommentsPermalink

110th CONGRESS 1st Session H. R. 2705 AN ACT

To amend the Compact of Free Association Amendments Act of 2003, and for other purposes.CommentsClose CommentsPermalink