I 112th CONGRESS 2d Session H. R. 6040 IN THE HOUSE OF REPRESENTATIVES June 27, 2012 Mr. Manzullo (for himself, Mr. Faleomavaega, Mr. Burton of Indiana, Mr. Rohrabacher, Ms. Bordallo, Mr. Chabot, Mr. Kelly, Mr. Sablan, Mr. Johnson of Ohio, Mr. Wilson of South Carolina, Mr. Serrano, Mr. Diaz-Balart, Mr. Young of Alaska, Mrs. Christensen, Mr. Rivera, and Mr. Pierluisi) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To approve the Agreement providing terms for a continuation of the free association between the United States and Palau, and for other purposes.

1.

Short title

This Act may be cited as the Continued Free Association with Palau Act of 2012.

2.

Approval of agreement

Title I of Public Law 99–658 (48 U.S.C. 1931 et seq.) is amended by adding at the end the following:

105.

Compact 15th anniversary section 432 review agreement

(a)

In general

The Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 (in this section referred to as the Agreement), in connection with section 432 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; Public Law 99–658) (in this section referred to as the Compact of Free Association), are approved— (1)except for the extension of Article X of the Agreement Regarding Federal Programs and Services, and Concluded Pursuant to Article II of Title Two and section 232 of the Compact of Free Association; and (2)subject to the provisions of this section. (b)

Funding provisions

(1)

Infrastructure maintenance

The amounts to be provided by the United States and Palau in fiscal year 2011 under section 2(a) of the Agreement shall be provided in fiscal year 2013, in addition to the amounts otherwise to be provided under that section in that fiscal year. (2)

Fiscal consolidation fund

The amounts to be provided by the United States under section 3 of the Agreement in fiscal years 2011 and 2012 shall be provided in fiscal years 2012 and 2013, respectively, and the amount so provided by the United States under that section in fiscal year 2012 shall be reduced by $411,000. (3)

Infrastructure projects

The amounts to be provided by the United States under section 5 of the Agreement in fiscal years 2011 through 2016 shall be provided in fiscal years 2012 through 2017, respectively. (c)

Approval of amendments to Compact Subsidiary Agreements

Congress consents to the amendments to the Compact subsidiary agreements referred to in sections 7 and 8 of the Agreement . (d)

Application of related law

Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix) shall be applied by substituting 2024 for 2009. (e)

Authorization of Appropriations

(1)

Postal services

There are authorized to be appropriated to the Department of the Interior $1,500,000 for each of fiscal years 2012 through 2024 for postal services related to Palau, the Federated States of Micronesia, and the Marshall Islands, to remain available until expended. The Department of the Interior may transfer funds made available pursuant to this paragraph to the United States Postal Service so long as domestic postage may be used for mail to Palau, the Federated States of Micronesia, and the Marshall Islands. (2)

Continuation of other appropriations

Appropriations to the Federal entities referred to in paragraphs (1), (3), and (4) of section 221(a) of the Compact of Free Association, and the successors to such Federal entities, to which appropriations have been made available in fiscal year 2011, may be made through fiscal year 2024 to carry out the purposes of those paragraphs, and shall remain available until expended. (3)

Full faith and credit

Section 236 of the Compact applies to the commitments of the United States under sections 1, 2(a), 3, 4(a), and 5 of the Compact Review Agreement, and to the amounts necessary to conduct the audits required by Appendix D to the Compact Review Agreement, to the same extent as such section 236 applies to the Compact. Section 215 of the Compact shall be applied to such commitments and amounts by substituting 2011 for 1981. (f)

Oversight and report to appropriate congressional committees

(1)

Finding

The Congress finds that the Government of Palau is eligible for certain United States domestic programs. (2)

Annual report

(A)

Report

The Secretary of the Interior, because of the Secretary’s jurisdiction with respect to the administration of financial assistance under the Compact, shall, not later than March 1 of each year, submit to the Committee on Energy and Natural Resources of the Senate and to the Committee on Foreign Affairs and the Committee on Natural Resources of the House of Representatives, a report on the use and effectiveness of financial, technical, and other assistance provided to Palau under any United States domestic program described in paragraph (1). (B)

Consultation

In preparing each report required by subparagraph (A) with respect to a domestic program, the Secretary of the Interior shall consult with the Federal agency or agencies with jurisdiction over that domestic program.

.

3.

Offsets

(a)

Repeal of prior authorization for civil administration of Trust Territory of the Pacific Islands

Section 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423) is repealed. (b)

Global health programs

Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following:

136.

Limitation on use of funds

(a)

Limitation

None of the funds made available to carry out this chapter or chapter 10 for global health activities for fiscal year 2012 and each fiscal year thereafter through fiscal year 2024 may be used to provide assistance to the People’s Republic of China for such activities. (b)

Amount of reduction

The total amount that may be obligated for global health activities for a fiscal year in subsection (a) is $2,000,000 less than the total amount made available for such activities for such fiscal year. (c)

Applicability

This section applies notwithstanding any other provision of law enacted after the enactment of this section.

. (c)

Climate change funds

Chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund) (22 U.S.C. 2346 et seq.) is amended by adding at the end the following:

535.

Limitation on use of funds

(a)

Limitation

None of the funds made available to carry out this chapter for climate change activities for fiscal year 2012 and each fiscal year thereafter through fiscal year 2024 may be used to provide assistance to the People’s Republic of China for such activities. (b)

Amount of reduction

The total amount that may be obligated for climate change activities for a fiscal year in subsection (a) is $4,500,000 less than the total amount made available for such activities for such fiscal year. (c)

Applicability

This section applies notwithstanding any other provision of law enacted after the enactment of this section.

. (d)

Prohibition on funding for Development Innovation Ventures (DIV) program

Section 667 of the Foreign Assistance Act of 1961 (22 U.S.C. 2427) is amended by adding at the end the following: (c)(1)None of the funds made available for fiscal years 2012 and 2013 to the United States Agency for International Development may be used for the Development Innovation Ventures (DIV) program or any successor program. (2)The total amount that may be obligated by the United States Agency for International Development for a fiscal year in subsection (a) is $28,200,000 less than the total amount made available for such Agency for such fiscal year. (3)This subsection applies notwithstanding any other provision of law enacted after the enactment of this subsection. . (e)

IMET

Section 542 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347a) is amended— (1)by striking There are authorized and inserting the following: (a)

In general

There are authorized ; and (2)by adding at the end the following: (b)

Limitation on use of funds

(1)

Limitation

None of the funds made available to carry out this chapter for fiscal year 2012 and each fiscal year thereafter through fiscal year 2024 may be used to provide assistance to Argentina. (2)

Amount of reduction

The total amount that may be obligated under this chapter for a fiscal year in subsection (a) is $4,500,000 less than the total amount made available for such activities for such fiscal year. (3)

Applicability

This subsection applies notwithstanding any other provision of law enacted after the enactment of this subsection. . (f)

UNESCO

Chapter 3 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 301 et seq.) is amended by adding at the end the following:

308.

Limitation on use of funds

(a)

Limitation

None of the funds made available for fiscal year 2012 and each fiscal year thereafter through fiscal year 2024 for United States assessed contributions to the United Nations may be used for such contributions to the United Nations Educational, Scientific and Cultural Organization. (b)

Amount of reduction

The total amount that may be obligated for a fiscal year in subsection (a) for United States assessed contributions to the United Nations is $4,500,000 less than the total amount made available for such contributions for such fiscal year. (c)

Applicability

This section applies notwithstanding any other provision of law enacted after the enactment of this section.

. (g)

United States Institute of Peace

Section 1710 of the United States Institute of Peace (22 U.S.C. 4609) is amended by adding at the end the following: (e)

Limitation on obligation of funds

(1)

Limitation

The total amount that may be obligated to carry out this title for fiscal year 2012 and each fiscal year thereafter through fiscal year 2024 is $6,811,000 less than the total amount made available for such purpose for such fiscal year. (2)

Applicability

This subsection applies notwithstanding any other provision of law enacted after the enactment of this subsection. .