[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1268 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1268
To approve an agreement between the United States and the Republic of
Palau.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2013
Mr. Wyden (by request) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To approve an agreement between the United States and the Republic of
Palau.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE
REPUBLIC OF PALAU.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the Agreement
and appendices signed by the United States and the Republic of
Palau on September 3, 2010.
(2) Compact of free association.--The term ``Compact of
Free Association'' means 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).
(b) Results of Compact Review.--
(1) In general.--Title I of Public Law 99-658 (48 U.S.C.
1931 et seq.) is amended by adding at the end the following:
``SEC. 105. RESULTS OF COMPACT REVIEW.
``(a) In General.--The Agreement and appendices signed by the
United States and the Republic of Palau on September 3, 2010 (referred
to in this section 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) (referred to in this section 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 II and section 232 of
the Compact of Free Association; and
``(2) subject to the provisions of this section.
``(b) Withholding of Funds.--If the Republic of Palau withdraws
more than $5,000,000 from the trust fund established under section
211(f) of the Compact of Free Association in any of fiscal years 2011,
2012, or 2013, amounts payable under sections 1, 2(a), 3, and 4(a), of
the Agreement shall be withheld from the Republic of Palau until the
date on which the Republic of Palau reimburses the trust fund for the
total amounts withdrawn that exceeded $5,000,000 in any of those fiscal
years.
``(c) Funding for Certain Provisions Under Section 105 of Compact
of Free Association.--Within 30 days of enactment of this section, out
of any funds in the Treasury not otherwise appropriated, the Secretary
of the Treasury shall transfer to the Secretary of the Interior such
sums as are necessary for the Secretary of the Interior to implement
sections 1, 2(a), 3, 4(a), and 5 of the Agreement, which sums shall
remain available until expended without any further appropriation.
``(d) Authorizations of Appropriations.--There are authorized to be
appropriated--
``(1) to the Secretary of the Interior to subsidize postal
services provided by the United States Postal Service to the
Republic of Palau, the Republic of the Marshall Islands, and
the Federated States of Micronesia $1,500,000 for each of
fiscal years 2014 through 2024, to remain available until
expended; and
``(2) to the head of each Federal entity described in
paragraphs (1), (3), and (4) of section 221(a) of the Compact
of Free Association (including the successor of each Federal
entity) to carry out the responsibilities of the Federal entity
under section 221(a) of the Compact of Free Association such
sums as are necessary, to remain available until expended.''.
(2) Offset.--Section 3 of the Act of June 30, 1954 (68
Stat. 330, 82 Stat. 1213, chapter 423), is repealed.
(c) Payment Schedule; Withholding of Funds; Funding.--
(1) Compact section 211(f) fund.--Section 1 of the
Agreement shall be construed as though the section reads as
follows:
``SECTION 1. COMPACT SECTION 211(F) FUND.
``The Government of the United States of America (the `Government
of the United States') shall contribute $30,250,000 to the Fund
referred to in section 211(f) of the Compact in accordance with the
following schedule--
``(1) $11,000,000 in fiscal year 2014;
``(2) $3,000,000 in each of fiscal years 2015 through 2017;
``(3) $2,000,000 in each of fiscal years 2018 through 2022;
and
``(4) $250,000 in fiscal year 2023.''.
(2) Infrastructure maintenance fund.--Subsection (a) of
section 2 of the Agreement shall be construed as though the
subsection reads as follows:
``(a) The Government of the United States shall provide a grant of
$6,912,000 for fiscal year 2014 and a grant of $2,000,000 annually from
the beginning of fiscal year 2015 through fiscal year 2024 to create a
trust fund (the `Infrastructure Maintenance Fund') to be used for the
routine and periodic maintenance of major capital improvement projects
financed by funds provided by the United States. The Government of the
Republic of Palau will match the contributions made by the United
States by making contributions of $150,000 to the Infrastructure
Maintenance Fund on a quarterly basis from the beginning of fiscal year
2014 through fiscal year 2024. Implementation of this subsection shall
be carried out in accordance with the provisions of Appendix A to this
Agreement.''.
(3) Fiscal consolidation fund.--Section 3 of the Agreement
shall be construed as though the section reads as follows:
``SEC. 3. FISCAL CONSOLIDATION FUND.
``The Government of the United States shall provide the Government
of Palau $10,000,000 in fiscal year 2014 for deposit in an interest
bearing account to be used to reduce government arrears of Palau.
Implementation of this section shall be carried out in accordance with
the provisions of Appendix B to this Agreement.''.
(4) Direct economic assistance.--Subsection (a) of section
4 of the Agreement shall be construed as though the subsection
reads as follows:
``(a) In addition to the economic assistance of $13,147,000
provided to the Government of Palau by the Government of the United
States in each of fiscal years 2010, 2011, 2012, and 2013, and unless
otherwise specified in this Agreement or in an Appendix to this
Agreement, the Government of the United States shall provide the
Government of Palau $69,250,000 in economic assistance as follows--
``(1) $12,000,000 in fiscal year 2014;
``(2) $11,500,000 in fiscal year 2015;
``(3) $10,000,000 in fiscal year 2016;
``(4) $8,500,000 in fiscal year 2017;
``(5) $7,250,000 in fiscal year 2018;
``(6) $6,000,000 in fiscal year 2019;
``(7) $5,000,000 in fiscal year 2020;
``(8) $4,000,000 in fiscal year 2021;
``(9) $3,000,000 in fiscal year 2022; and
``(10) $2,000,000 in fiscal year 2023.
The funds provided in any fiscal year under this subsection for
economic assistance shall be provided in 4 quarterly payments (30
percent in the first quarter, 30 percent in the second quarter, 20
percent in the third quarter, and 20 percent in the fourth quarter)
unless otherwise specified in this Agreement or in an Appendix to this
Agreement.''.
(5) Infrastructure projects.--Section 5 of the Agreement
shall be construed as though the section reads as follows:
``SEC. 5. INFRASTRUCTURE PROJECTS.
``The Government of the United States shall provide grants totaling
$40,000,000 to the Government of Palau as follows: $30,000,000 in
fiscal year 2014; and $5,000,000 annually in each of fiscal years 2015
and 2016; towards 1 or more mutually agreed infrastructure projects in
accordance with the provisions of Appendix C to this Agreement.''.
(d) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
192ld(f)(1)(B)(ix)) is amended by striking ``2009'' and inserting
``2024''.
(e) Passport Requirement.--Section 141 of Article IV of Title One
of the Compact of Free Association shall be construed and applied as if
it read as follows:
``SEC. 141. PASSPORT REQUIREMENT.
``(a) Any person in the following categories may be admitted to,
lawfully engage in occupations, and establish residence as a
nonimmigrant in the United States and its territories and possessions
without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(5) or
(a)(7)(B)(i)(II)), provided that the passport presented to satisfy
section 212(a)(7)(B)(i)(I) of such Act is a valid unexpired machine-
readable passport that satisfies the internationally accepted standard
for machine readability--
``(1) a person who, on September 30, 1994, was a citizen of
the Trust Territory of the Pacific Islands, as defined in title
53 of the Trust Territory Code in force on January 1, 1979, and
has become and remains a citizen of Palau;
``(2) a person who acquires the citizenship of Palau, at
birth, on or after the effective date of the Constitution of
Palau; or
``(3) a naturalized citizen of Palau, who has been an
actual resident of Palau for not less than five years after
attaining such naturalization and who holds a certificate of
actual residence.
``(b) Such persons shall be considered to have the permission of
the Secretary of Homeland Security of the United States to accept
employment in the United States.
``(c) The right of such persons to establish habitual residence in
a territory or possession of the United States may, however, be
subjected to non-discriminatory limitations provided for--
``(1) in statutes or regulations of the United States; or
``(2) in those statutes or regulations of the territory or
possession concerned which are authorized by the laws of the
United States.
``(d) Section 141(a) does not confer on a citizen of Palau the
right to establish the residence necessary for naturalization under the
Immigration and Nationality Act, or to petition for benefits for alien
relatives under that Act. Section 141(a), however, shall not prevent a
citizen of Palau from otherwise acquiring such rights or lawful
permanent resident alien status in the United States.''.
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